reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:05 - Appeal of ineligibility or termination of services

Current through Register Vol. 51, page 10, July 15, 2024
A client, a client's parent in the case of a client under age eighteen,
	 or a client's guardian, may appeal, to the department, the agency's decision
	 regarding the ineligibility or termination of services. An appeal must be made
	 in writing, to the department, within thirty days of receiving the notice
	 decision regarding the ineligibility or termination of services. The department
	 shall provide a determination within thirty days of receiving the request for
	 appeal. If the client, the client's parent, or the client's guardian is
	 dissatisfied with the department's decision regarding ineligibility or
	 termination of services, the client, the client's parent, or the client's
	 guardian may request a fair hearing, by notifying the department, in writing,
	 within thirty days of receiving the department's decision.
When termination is being appealed, the client shall continue to
	 receive services from the agency, until a decision is reached, after a hearing
	 pursuant to SDCL chapter 1-26.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4).
Confidentiality of alcohol and drug abuse patient records, 42 C.F.R.
		Part 2, in effect on January 18, 2017.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:06 - Time and place of hearing

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer, must be held within
	 ninety days after receiving a request by the client, the client's parent, or
	 the client's guardian. The impartial hearing officer shall set a time and place
	 for the hearing to be held at the earliest reasonable time. Time extensions may
	 be provided:
(1) By the impartial
  hearing officer; or
(2) At the
  request of any party involved, and upon agreement of all parties to a specific
  extension of time.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:07 - Discharge policies

Current through Register Vol. 51, page 10, July 15, 2024
Each agency must have a written discharge policy. The policy must
	 include:
(1) Client behavior that
  constitutes a reason for discharge at staff request;
(2) The procedure for the staff to follow
  when discharging a client involved in the commission of a crime on the premises
  of the program or against its staff, consistent with the confidentiality of
  alcohol and drug abuse patient records, as set forth in
  42 C.F.R. §
										2.12(c)(5), in effect on
  October 1, 2018, and including who shall make the report to the appropriate law
  enforcement agency;
(3) The
  procedure for the staff to follow when a client leaves against medical or staff
  advice, including offering the client discharge planning and continuation of
  care for substance abuse and any other condition, and documentation of what was
  offered, consistent with the confidentiality of alcohol and drug abuse patient
  records, as set forth in 42 C.F.R., Part 2, in effect on January 18,
  2017;
(4) Prohibition against
  automatic discharge for any instance of non-prescribed substance use, or for
  any instance of displaying symptoms of mental or physical illness;
  and
(5) The procedure for referrals
  for clients with symptoms of mental illness or a medical condition and those
  requesting assistance to manage symptoms.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:08 - Residential program rights

Current through Register Vol. 51, page 10, July 15, 2024
Each residential program shall ensure that all clients have the
	 following rights:
(1) The right to
  visitation with family and friends, subject to reasonable written visiting
  rules and hours established by the agency; provided agency personnel may impose
  limitations, as necessary for the welfare of the client, if those reasons are
  documented in the client's case record;
(2) The right to conduct private telephone
  conversations, subject to reasonable written rules and hours established by the
  agency; provided agency personnel may impose limitations, as necessary for the
  welfare of the client, if those reasons are documented in the client's case
  record;
(3) The right to
  communicate with a personal physician; and
(4) The right to practice personal religion
  or attend religious services, within the agency's policies and
  guidelines.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:01 - Client identification data

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall establish a policy and procedure to collect and
	 record client identification data, at the time of admission or as soon after
	 admission as possible. Client identification data must be kept in the clinical
	 record. Client identification data includes:
(1) Name, street address, and telephone
  number of the client;
(2) Date of
  birth, gender, and race or ethnic origin of the client;
(3) Unique identification number of the
  client;
(4) Referral
  source;
(5) Service start
  date;
(6) Outcome
  measures;
(7) Data for the state
  management information system; and
(8) Any other client information as required
  by the department.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:02 - Client admission policies

Current through Register Vol. 51, page 10, July 15, 2024
Each program shall develop policies and procedures regarding the
	 admission of a client into the program, to ensure the client meets the
	 eligibility criteria for the level of care of admission.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:03 - Client review of case records

Current through Register Vol. 51, page 10, July 15, 2024
Each agency must have written policies and procedures to govern a
	 client's access to the client's case records. The policies and procedures must
	 specify any conditions or restrictions on client access and must be available
	 to the client, upon request.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:04 - Closure and storage of case records

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall have written policies and procedures to ensure the
	 closure and storage of case records upon the completion or termination of a
	 treatment program. The policies and procedures must include:
(1) Identify, by position or title, the staff
  members responsible for the closure of case records within the agency and the
  management information system;
(2)
  Provide for the closure of case records for clients who have not received
  services from an inpatient or residential program in three days or clients who
  have not received services from an outpatient program in thirty days;
  and
(3) Provide for the safe
  storage of case records for at least six years from the closure.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:05 - Integrated assessment

Current through Register Vol. 51, page 10, July 15, 2024
An addiction counselor or counselor trainee shall meet with the client
	 and, if appropriate, the client's family, to complete an integrated assessment,
	 within thirty days of intake. The integrated assessment must include both
	 functional and diagnostic components. The assessment must establish the
	 historical development and dysfunctional nature of the client's alcohol and
	 drug abuse or dependence, and must assess the client's treatment needs. The
	 assessment must be recorded in the client's case record and must
	 include:
(1) Strengths of the client
  and the client's family, if appropriate, as well as previous periods of
  success, the strengths that contributed to that success, and the identification
  of potential resources within the family, if applicable;
(2) Presenting problems or issues that
  indicate a need for services;
(3)
  Identification of readiness for change for problem areas, including motivation
  and supports for making such changes;
(4) Current substance use and relevant
  treatment history of previous mental health and substance use disorder or
  gambling treatment, and periods of success, psychiatric hospital admissions,
  psychotropic and other medications, relapse history or potential for relapse,
  physical illness, and hospitalization;
(5) Relevant family history, including family
  relationship dynamics and family psychiatric and substance abuse
  history;
(6) Family and
  relationship issues, along with social needs;
(7) Educational history and needs;
(8) Legal issues;
(9) Living environment or housing;
(10) Safety needs and risks with regard to
  physical acting out, health conditions, acute intoxication, or
  withdrawal;
(11) Past or current
  indications of trauma, domestic violence, or both;
(12) Vocational and financial history and
  needs;
(13) Behavioral observations
  or mental status;
(14) Formulation
  of a diagnosis, including documentation of co-occurring medical, developmental
  disability, mental health, substance use disorder, or gambling issues, or a
  combination of these based on integrated screening;
(15) Eligibility determination, including
  level of care determination for substance use services, or serious mental
  illness or serious emotional disturbance for mental health services, or
  both;
(16) Clinician's signature,
  credentials, and date; and
(17)
  Clinical supervisor's signature, credentials, and date, to verify review of the
  assessment and agreement with:
(a) The initial
  diagnosis; or
(b) The formulation
  of the initial diagnosis if the staff does not have the education or training
  to make a diagnosis.
Any information related to the integrated assessment must be verified
	 through collateral contact, if possible, and recorded in the client's case
	 record.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:06 - Treatment plan

Current through Register Vol. 51, page 10, July 15, 2024
An addiction counselor or counselor trainee shall develop an
	 individualized treatment plan, based upon the integrated assessment for each
	 client admitted to an outpatient treatment program, intensive outpatient
	 treatment program, day treatment program, clinically-managed low-intensity
	 residential treatment program, or medically-monitored intensive inpatient
	 treatment program. Evidence of the client's meaningful involvement in
	 formulating the plan must be documented in the file. The treatment plan must be
	 recorded in the client's case record and include:
(1) A statement of specific client problems,
  including any co-occurring disorders, to be addressed during treatment, with
  supporting evidence;
(2) A
  diagnostic statement and a statement of short- and long-term treatment goals
  that relate to the problems identified;
(3) Measurable objectives or methods leading
  to the completion of short-term goals including:
(a) Time frames for the anticipated dates of
  achievement or completion of each objective, or for reviewing progress towards
  objectives;
(b) Specification and
  description of the indicators to be used to assess progress;
(c) Referrals for needed services that are
  not provided directly by the agency; and
(d) Interventions, for identified issues,
  which match the client's readiness for change; and
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:07 - Continued service criteria

Current through Register Vol. 51, page 10, July 15, 2024
The program staff or direct care provider shall document for each
	 client the progress and reasons for retaining the client at the present level
	 of care and create an individualized plan of action to address the reasons for
	 retaining the client at the present level of care. This document must be
	 maintained in the client case record. It is appropriate to retain the client at
	 the present level of care if:
(1) The
  client is making progress, but has not yet achieved the goals articulated in
  the individualized treatment plan. Continued treatment at the present level of
  care must be assessed, as necessary, to permit the client to continue working
  toward his or her treatment goals; or
(2) The client is not yet making progress,
  but has the capacity to resolve his or her problems. The client is actively
  working toward the goals articulated in the individualized treatment plan.
  Continued treatment at the present level of care must be assessed, as
  necessary, to permit the client to continue working toward his or her treatment
  goals; or
(3) New problem or
  priority that is appropriately treated at the present level of care, has been
  identified. The new problem or priority requires services, the frequency and
  intensity of which can only safely be delivered by continuing to stay at the
  current level of care. The client's level of care must be the least intensive
  level at which the client's new problem or priority can be addressed
  effectively.
The individualized plan of action to address the reasons for retaining
	 the individual at the present level of care must be documented every:
(a) Two calendar days for clinically-managed,
  residential detoxification;
(b)
  Fourteen calendar days for:
(i) Early
  intervention services;
(ii)
  Intensive outpatient services;
(iii) Day treatment services; and
(iv) Medically monitored, intensive inpatient
  treatment; and
(c)
  Thirty calendar days for:
(i) Outpatient
  treatment programs; and
(ii)
  Clinically-managed, low-intensity residential treatment.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:08 - Progress notes

Current through Register Vol. 51, page 10, July 15, 2024
At least one progress note must be recorded in a client's file each
	 week when services are provided for all programs, except for prevention
	 programs.
Progress notes must be included in the client's file and substantiate
	 all services provided. Progress notes must document counseling sessions with
	 the client, summarize significant events occurring, reflect goals and problems
	 relevant during the session, and reflect any progress in achieving those goals
	 and addressing the problems. Progress notes must include attention to any
	 co-occurring disorder, as it relates to the client's substance use
	 disorder.
A progress note must be included in the file for each billable service
	 provided. Progress notes must include the following for the services to be
	 billed:
(1) Information identifying
  the client receiving the services, including the client's name and unique
  identification number;
(2) The
  date, location, time met, units of service of the counseling session, and the
  duration of the session;
(3) The
  service activity code or the title describing the service code, or
  both;
(4) A brief assessment of the
  client's functioning;
(5) A
  description of what occurred during the session, including the specific action
  taken or plan developed to address unresolved issues for the purpose of
  achieving identified treatment goals or objectives;
(6) A brief description of what the client
  and the provider plan to work on during the next session and work that may
  occur between sessions, if applicable; and
(7) The signature and credentials of the
  staff providing the service.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:09 - Transfer or discharge criteria

Current through Register Vol. 51, page 10, July 15, 2024
It is appropriate to transfer or discharge a client from a present
	 level of care if:
(1) The client has
  achieved the goals articulated in his or her individualized treatment plan,
  thus resolving each problem that justified admission to the present level of
  care. Continuing the chronic disease management of the client's condition at a
  less intensive level of care is indicated;
(2) The client has been unable to resolve
  each problem that justified admission to the present level of care, despite
  amendments to the treatment plan. The client is determined to have achieved the
  maximum possible benefit from engagement in services at the current level of
  care. Treatment at another level of care, more or less intensive, in the same
  type of service, or discharge from treatment, is therefore indicated;
(3) The client has demonstrated a lack of
  capacity due to diagnostic or co-occurring conditions that limit his or her
  ability to resolve each problem. Treatment at a qualitatively different level
  of care or type of service, or discharge from treatment, is therefore
  indicated; or
(4) The client has
  experienced an intensification of a problem, or has developed a new problem,
  and can be treated effectively only at a more intensive level of
  care.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:10 - Transfer or discharge summary

Current through Register Vol. 51, page 10, July 15, 2024
An addiction counselor or counselor trainee shall complete a transfer
	 or discharge summary for a client, within five working days after the client is
	 transferred or discharged, regardless of the reason for the transfer or
	 discharge. A transfer or discharge summary of the client's problems, course of
	 treatment, and progress toward planned goals and objectives identified in the
	 treatment plan must be maintained in the client case record. A process must be
	 in place to ensure that the transfer or discharge is completed in the
	 management information system.
When a client prematurely discontinues services, reasonable attempts
	 must be made and documented by the agency to re-engage the client, if
	 appropriate.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:11 - Admission of returning clients

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall have written policies and procedures to promote the
	 continuity of care for a client who is readmitted. The procedures must include
	 completing a new agency case record and new admission record in the management
	 information system for each client who re-enters services.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:07 - Clinical processes › Section 67:61:07:12 - Tuberculin screening requirements

Current through Register Vol. 51, page 10, July 15, 2024
A designated staff member shall conduct tuberculin screening for the
	 absence or presence of symptoms with each client newly admitted to outpatient
	 treatment, intensive outpatient, day treatment, clinically-managed low
	 intensity residential treatment, clinically-managed detoxification, or
	 intensive inpatient treatment, within twenty-four hours of admission, to
	 determine if the client has had any of the following symptoms within the
	 previous three months:
(1) Productive
  cough for a duration of two to three weeks;
(2) Unexplained night sweats;
(3) Unexplained fevers; or
(4) Unexplained weight loss.
Any client determined to have had one or more of the listed symptoms
	 within the last three months must be immediately referred to a licensed
	 physician for a medical evaluation to determine the absence or presence of
	 active tuberculosis. A physician may request that a Mantoux skin test be
	 conducted. Any client confirmed or suspected to have infectious tuberculosis
	 must be excluded from services until the client is determined to no longer be
	 infectious by the physician. If infectious tuberculosis is ruled out, the
	 evaluating physician must provide a written statement confirming the client
	 does not have tuberculosis before the client may be allowed entry for
	 services.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
Guidelines for Preventing the Transmission of
Mycobacterium tuberculosis
in Health-Care Settings,
		2005
, December, 2005. "Centers for Disease Control and Prevention
		Morbidity and Mortality Weekly Report, Recommendations and Reports," December
		30, 2005/Vol. 54/No.RR-17. Copies are available free of charge from the
		following website:
https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5417a1.htm
.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Controlled drug," any drug or chemical
  whose possession and use are regulated under the Federal Controlled Substances
  Act, 21 U.S.C. §§
										801 et seq., in effect on July 1,
  2021;
(2) "Nasogastric tube," a
  tube that is inserted, nonsurgically, through the nose and extends into the
  stomach; and
(3) "Parenteral
  route," the administration of medication by injection, including intradermal,
  subcutaneous, intramuscular, and intravenous injection.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:03 - Storage of Schedule II, III, or IV drugs

Current through Register Vol. 51, page 10, July 15, 2024
A residential program may have a limited supply of Schedule II, III,
	 and IV drugs in storage, if the program meets the following
	 requirements:
(1) The drugs are owned
  by a licensed pharmacy or licensed physician and stored in a sealed emergency
  box;
(2) The agency and the
  providing Drug Enforcement Agency registrant maintain a complete and accurate
  inventory of the drugs stored in the emergency box and of the drugs'
  disbursement. The inventory must be conducted personally by the Drug
  Enforcement Agency registrant at least once every six months;
(3) There are no more than five different
  controlled drugs, no more than five doses of an injectable Schedule II, III, or
  IV drug, and no more than twelve doses of an oral Schedule III or IV drug
  stored in the emergency box at one time;
(4) The use of the controlled drugs in the
  emergency box is limited to those times when no pharmacy is available;
  and
(5) Any standing or verbal
  order for the medication is verified in writing by the physician within
  seventy-two hours after the first administration.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
Administration of medications and drugs, §
											67:61:08:08.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:04 - Records of receipt, administration, and disposition of scheduled drugs

Current through Register Vol. 51, page 10, July 15, 2024
Each residential program shall maintain a separate log book to record
	 the receipt and disposition of all Schedule II drugs. A residential program
	 shall maintain a record of the receipt and administration of Schedule II, III,
	 and IV drugs in a client's case record.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:05 - Drug destruction and disposal

Current through Register Vol. 51, page 10, July 15, 2024
All agencies shall establish written policies and procedures for the
	 destruction and disposal of medication in accordance with §
									44:73:08:01.01.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:06 - Medication administration defined

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration is the giving of medications, other than by
	 the parenteral route or nasogastric tube, under the supervision of a licensed
	 registered nurse. The steps in medication administration include:
(1) Removing an individual dose from a
  previously dispensed, labeled container, including a unit dose
  container;
(2) Verifying the dose
  with the physician's order or medication administration record;
(3) Giving the individual dose to whom it is
  prescribed; and
(4) Documenting the
  date, time, the name of the person administering the dose, and the dose given.
A copy of a physician's order or prescription for each medication being
	 administered must be kept in the client's case file.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:07 - Delegation of nursing tasks

Current through Register Vol. 51, page 10, July 15, 2024
Delegation is the transfer of the authority to perform a specific
	 nursing or medication administration task from a licensed registered nurse to
	 unlicensed assistive personnel, pursuant to §§20:48:04.01:01,
	 20:48:04.01:02, and 20:48:04.01:07.
Unlicensed assistive personnel may only perform the nursing task or
	 medication administration task for a specific client through delegation.
	 Unlicensed assistive personnel may not re-delegate a delegated
	 task.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:08 - Administration of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
All medications and drugs must be administered in accordance with SDCL
	 36-9-28. Each agency shall establish written policies concerning the
	 administration of all medications, including Schedule II, III, and IV drugs,
	 and shall ensure that Schedule II, III, and IV drugs are administered only in
	 accordance with those policies and only when authorized by a licensed
	 physician.
Only a registered nurse, a licensed practical nurse, or unlicensed
	 assistive personnel who is trained and qualified, in accordance with chapter
	 20:48:04, may administer medications. The registered nurse, licensed practical
	 nurse, and any unlicensed assistive personnel administering the medication
	 shall record the name of the medication, the strength and quantity
	 administered, and the time of administration in the client's case record, and
	 shall sign the case record. No person may administer medications that have been
	 prepared for administration by another person.
The agency shall maintain a procedure for the immediate reporting of
	 drug reactions and medication errors to the physician responsible for the
	 client. The procedure must comply with the confidentiality of records
	 requirements, as set forth in
	 42 U.S.C. §§
										290 dd-2, in effect on March 27, 2020, and 42
	 C.F.R. Part 2, in effect on January 18, 2017. The individual responsible for
	 any medication error shall complete and sign an entry in the client's case
	 record and complete and sign an incident report form.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:09 - Assistance with self-administration of medication

Current through Register Vol. 51, page 10, July 15, 2024
Assistance with self-administration of medication is the act of
	 assisting a client with one or more steps in the process of taking medication,
	 but not the actual administration of medication. Assistance with
	 self-administration of medication includes:
(1) Opening the medication
  container;
(2) Reminding the client
  of the proper time to take the medication;
(3) Helping to remove the medication from the
  container; and
(4) Returning the
  medication container to storage.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:08 - Medication control in residential programs › Section 67:61:08:10 - Self-administration of medication

Current through Register Vol. 51, page 10, July 15, 2024
A residential treatment program not employing a registered nurse, a
	 licensed practical nurse, or unlicensed assistive personnel shall make the drug
	 or medication available to a client for self-administration in accordance with
	 the instructions of a licensed physician. The client shall self-administer the
	 drug or medication, under the supervision of a designated employee who enters
	 the name, strength, and quantity of the medication, and the time of
	 self-administration, in the client's case record.
Clinically-managed, low-intensity residential treatment programs are
	 exempt from the requirement of supervising the self-administration of
	 over-the-counter remedies. If the reasonable safety of all program clients is
	 ensured, residential programs may allow clients to possess and self-administer,
	 without supervision, those prescription medications that have been identified
	 as allowable medications on a list developed specifically for the individual,
	 in consultation with a licensed physician. The list of allowable medications
	 must be reviewed at least annually, by a licensed physician. Any medication not
	 identified on the list must be administered under supervision.
Each residential treatment program utilizing self-administration
	 processes must establish policies and procedures that outline these
	 processes.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:09 - Dietary services › Section 67:61:09:01 - Planned dietetic services required

Current through Register Vol. 51, page 10, July 15, 2024
Each residential program shall develop and implement a written plan for
	 meeting the basic nutritional needs, as well as any special dietetic needs, of
	 each client. The program shall provide at least three meals a day. Any snacks
	 provided by the program must be part of the overall dietary plan. Each meal
	 shall include foods from the basic food groups, according to the Dietary
	 Guidelines for Americans, as released by the U.S. Department of Agriculture and
	 the U.S. Department of Health and Human Services.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
Dietary Guidelines for Americans, 2020-2025,
(December
		29, 2020), Ninth Edition, published by the U.S. Department of Health and Human
		Services and U.S. Department of Agriculture.
Copies are available at no cost from the following website:
https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf
.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:09 - Dietary services › Section 67:61:09:02 - Sanitation and safety standards

Current through Register Vol. 51, page 10, July 15, 2024
Each residential program shall meet the sanitation and safety standards
	 for food service, as set forth in chapter 44:02:07. An agency that provides
	 dietary services, by agreement or contract with a second party, shall ensure
	 that the provider of dietary services has demonstrated compliance with chapter
	 44:02:07, by passing an annual, documented sanitation inspection conducted by
	 the Department of Health.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6),
		34-20A-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:01 - Safety and sanitation plan

Current through Register Vol. 51, page 10, July 15, 2024
For each setting where the agency provides services, there must be a
	 health, safety, sanitation, and disaster plan that ensures the health and
	 safety of the individuals served. The plan must include:
(1) Procedures for responding to medical
  emergencies;
(2) Procedures for
  responding to fire and natural disasters, including evacuation plans;
(3) Training and regularly scheduled drills
  for fire and natural disasters;
(4)
  Procedures for responding to communicable diseases; and
(5) Procedures to ensure sanitation of all
  settings where services are provided.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:02 - Life safety codes

Current through Register Vol. 51, page 10, July 15, 2024
Each building an agency owns, rents, or leases, to provide residential
	 services must comply with applicable fire safety standards in the 2000 edition
	 of the NFPA 101 Life Safety Code. An automatic sprinkler system is not required
	 in an existing facility, unless significant renovation or remodeling occurs. An
	 existing automatic sprinkler system must remain in service.
New construction, renovations, additions, and changes of space must
	 comply with NFPA 101 Life Safety Code, 2012 edition. Each facility must comply
	 with the building construction standards of the International Building Code,
	 2012 edition.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(2)(6).
NFPA 101 Life Safety Code, 2000, National Fire Protection
		Association
. Copies may be obtained from the National Fire Protection
		Association, P.O. Box 9101, Quincy, MA 02269-9904; Phone: 1-800-344 -3555. Cost
		$ 93.00;
International Building Code
, 2012 edition. Copies may be
		obtained from International Conference of Building Officials, Phone 1-800-786
		-4452. Order@iccsafe.org. Cost: $89.00.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:03 - Rules of general applicability

Current through Register Vol. 51, page 10, July 15, 2024
Each residential facility seeking accreditation or providing services
	 must be licensed pursuant to article 44:78.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(2)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:04 - Staffing exception

Current through Register Vol. 51, page 10, July 15, 2024
A staffing exception may be allowed as follows for facilities
	 providing Level 3.7 services:
(1) For
  each facility with occupancy of 16 beds or less, one staff person who is awake
  is required if:
(a) The facility fire alarm
  promptly alerts staff;
(b) The
  facility is equipped with an automatic sprinkler system as defined in §
  9.7, automatic sprinklers, of
NFPA 101 Life Safety Code
, 2000
  edition;
(c) An automatic fire
  alarm dialer as defined in § 9.6.4, Emergency Forces Notification, of
NFPA 101 Life Safety Code
, 2000 edition, to summon the local fire
  department is provided; and
(d) The
  clients have an evacuation time which shows them capable of evacuation in five
  minutes or less.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:05 - Fire extinguishers

Current through Register Vol. 51, page 10, July 15, 2024
Fire extinguishers that are at least 2-A:10-B:C rated shall be
	 installed in facilities providing Level 3.7 services for general building
	 coverage at a rate of one for each 3,000 square feet and one additional
	 2-A:10-B:C rated extinguisher also located at the kitchen, laundry, and furnace
	 room.
General Authority:
SDCL
		34-20A-27.
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:06 - Sleeping Areas

Current through Register Vol. 51, page 10, July 15, 2024
Sleeping areas in facilities providing Level 3.7 services will be
	 established pursuant to §
									67:42:11:05. Other residential
	 facilities seeking accreditation after July 1, 2016 will be established
	 pursuant to §
									67:42:11:05.
General Authority:
SDCL
		34-20A-27.
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:07 - Care Units

Current through Register Vol. 51, page 10, July 15, 2024
Care units in facilities providing Level 3.7 services will be
	 established pursuant to §
									67:42:11:06
,
67:42:11:09, 67:42:11:12, 67:42:11:37, and 67:42:11:38. Other residential
	 facilities seeking accreditation after July 1, 2016 will be established
	 pursuant to §
									67:42:11:06
,
67:42:11:09, 67:42:11:12, 67:42:11:37, and 67:42:11:38.
General Authority:
SDCL
		34-20A-27.
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:10 - Environmental sanitation safety and fire prevention › Section 67:61:10:08 - Electrical convenience outlets

Current through Register Vol. 51, page 10, July 15, 2024
Electrical extension cords may not be used as a substitute for properly
	 installed electrical receptacles. Power strips in business office areas and for
	 entertainment centers may be used.
General Authority:
SDCL
		34-20A-27.
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:11 - Prevention program › Section 67:61:11:01 - Purpose and scope of prevention programs

Current through Register Vol. 51, page 10, July 15, 2024
A prevention program must encompass current research, theory, and
	 practice-based strategies and activities implemented through structured
	 prevention strategies. An agency providing a primary prevention or diversion
	 service shall delineate a work plan that outlines the scope of services to be
	 offered. The programming being implemented must be found on the state supported
	 evidence based programming list. The plan must be approved by the board of
	 directors and documented in board minutes, or approved by the agency director
	 and be made available to the public and agency staff.
An agency that conducts classroom or group educational programs shall
	 use a structured evidence-based curriculum for prevention
	 education.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(3)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:11 - Prevention program › Section 67:61:11:02 - Prevention program classifications

Current through Register Vol. 51, page 10, July 15, 2024
Prevention programming is divided into the following population
	 classifications:
(1) Universal
  prevention programming: Activities targeted to the general public or a whole
  population that has not been identified on the basis of individual risk;
(a) Direct: Interventions that directly serve
  a group of individuals who are identifiable, but who have not been identified
  on the basis of individual risk; and
(b) Indirect: Interventions that support
  population-based programs and environmental strategies;
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:11 - Prevention program › Section 67:61:11:03 - Description of services provided

Current through Register Vol. 51, page 10, July 15, 2024
A prevention program must offer at least one of the following:
(1) Information dissemination services,
  including activities that involve one-way communication from the source to the
  audience, with limited contact between the two;
(2) Education services, including activities
  that involve two-way communications and are based on an interaction between the
  educator and the participants;
(3)
  Alternative services, including activities that provide the opportunity to
  participate in healthy, positive, and constructive activities;
(4) Problem identification and referral
  services, including activities that are designed to identify a person who has
  indulged in the illegal use of alcohol or drugs in order to assess if the
  person's behavior can be reversed through education. This activity does not
  include any services designed to determine if an individual is in need of
  treatment services;
(5)
  Community-based services, including activities that are designed to enhance the
  ability of the community to more effectively provide prevention services for
  alcohol or drug abuse; and
(6)
  Environmental services, including activities that are designed to establish or
  change community standards, codes, and attitudes, thereby influencing the
  incidence and prevalence of alcohol and drug abuse in the general population.
A written description of the services provided must be available to all
	 staff members, individuals, the public, and the department. The description
	 must include: target populations for primary prevention and diversion services,
	 program goals including the scope of services, measurable objectives, program
	 evaluations and intended outcomes, and programming that complies with these
	 standards.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:11 - Prevention program › Section 67:61:11:04 - Review of materials

Current through Register Vol. 51, page 10, July 15, 2024
The agency's program director shall review and approve all electronic,
	 written, and printed materials, intended for public distribution, for validity,
	 relevancy, and appeal. The review of all public distribution materials and
	 prevention curriculums being implemented must be made available for review by
	 agency staff, the public, and the department, in an electronic or printed
	 format.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:11 - Prevention program › Section 67:61:11:05 - Criteria for determining evidence-based intervention

Current through Register Vol. 51, page 10, July 15, 2024
Evidence based intervention is defined by inclusion under one or more
	 of three public resources as follows:
(1) Federal lists or registries of
  evidence-based interventions;
(2)
  Peer reviewed journals with evidence of a positive report; or
(3) Documented effectiveness based on four
  guidelines for evidence which are:
(a) The
  intervention is based on a theory of change that is documented in a clear logic
  or conceptual model;
(b) The
  intervention is similar in content and structure to interventions that appear
  in registries or the peer reviewed literature, or both;
(c) The intervention is supported by
  documentation that it has been effectively implemented in the past, and
  multiple times, in a manner attentive to scientific standards of evidence and
  with results that show a consistent pattern of credible and positive effects;
  and
(d) The intervention is
  reviewed and deemed appropriate by a panel of prevention experts, including
  prevention researchers who are experienced in evaluating prevention
  interventions similar to those under review.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:11 - Prevention program › Section 67:61:11:06 - Staff knowledge of resources

Current through Register Vol. 51, page 10, July 15, 2024
The staff of each prevention program shall be able to demonstrate
	 knowledge of regional alcohol, drug, mental health promotion, suicide
	 prevention, and recovery support programs available for prevention or treatment
	 services. An agency shall document that:
(1) It maintains a current database of
  information and referral resources on alcohol, tobacco, and other drugs,
  substance abuse services, and prevention and treatment resources;
(2) The information is either posted or
  publicly distributed; and
(3) The
  agency staff has reviewed the information.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4)(5).