reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:02 - Early Childhood Program Entry Requirements › Section 44:81:02:01 - Immunization requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any full time or part time student entering an early
				  childhood program in South Dakota shall present certification that they have
				  received the following immunizations:
(1) Four or more doses of DTaP, with at least
				one dose administered on or after age 4. Children receiving six doses before
				age 4 do not require any additional doses for school requirements;
(2) Four or more doses of poliovirus vaccine,
				at least one dose on or after age 4;
(3) Two doses of MMR vaccine or submit
				serological evidence of immunity. Minimum age for the first dose is 12 months
				with the second dose routinely administered between the ages of 4 and 6. The
				second dose may be administered prior to age 4 provided at least 28 days have
				elapsed since the first dose;
(4)
				Two doses of varicella vaccine. The minimum age for the first dose of varicella
				vaccine is 12 months. History of disease is acceptable in lieu of vaccination
				with parent or guardian signature; and
(5) Children under the age of 4 only require
				three DTaP, three Polio, one MMR, and one varicella vaccine. At age 4 the above
				rules apply.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:02 - Early Childhood Program Entry Requirements › Section 44:81:02:02 - Documentation requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each early childhood program shall collect and maintain
				  proof of immunization for each student entering a South Dakota early childhood
				  program. Acceptable proof is a signed Immunization Record from SDIIS, a
				  vaccination card from the parent or guardian, or a Certificate of Immunization
				  form. If a card is presented, the immunizations shall be entered in to SDIIS or
				  a Certificate of Immunization form shall be completed.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:03 - Kindergarten School Entry Requirements › Section 44:81:03:01 - Immunization requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any full time or part time student entering kindergarten in
				  South Dakota shall present certification that they have received the following
				  immunizations:
(1) Four or more doses
				of DTaP vaccine, with at least one dose administered on or after age 4.
				Children 7 years and older requiring the primary series only need three doses.
				The first dose of the primary series should be Tdap and the second and third
				doses should be Td, with at least 6 months between dose two and three. Children
				receiving six doses before age 4 do not require any additional doses for school
				requirements;
(2) Four or more
				doses of poliovirus vaccine, at least one dose on or after age 4;
(3) Two doses of MMR vaccine or submit
				serological evidence of immunity. Minimum age for the first dose is 12 months
				with the second dose routinely administered between the ages of 4 and 6. The
				second dose may be administered prior to age 4 provided at least 28 days have
				elapsed since the first dose; and
(4) Two doses of varicella vaccine. The
				minimum age for the first dose of varicella vaccine is 12 months. History of
				disease is acceptable in lieu of vaccination with parent or guardian
				signature.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:03 - Kindergarten School Entry Requirements › Section 44:81:03:02 - Documentation requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each school shall collect proof of immunization for each
				  student entering a kindergarten in South Dakota. Acceptable proof is a signed
				  Immunization Record from SDIIS, a vaccination card from the parent or guardian,
				  or a Certificate of Immunization. If a card is presented, the immunizations
				  shall be entered in to SDIIS or a Certificate of Immunization form shall be
				  completed.
Schools shall submit proof of immunization for students to
				  the department no later than November 1 of the current school year. If the
				  records are from SDIIS, only an alphabetized roster of students is required. If
				  the proof of immunization is in the form of Certificates of Immunization, the
				  certificates shall be alphabetized and submitted to the department. A complete
				  alphabetized roster of students entering kindergarten shall be submitted along
				  with the required proof of immunization.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:04 - Sixth Grade School Entry Requirements › Section 44:81:04:01 - Immunization requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any full time or part time student age 11 or older entering
				  sixth grade in South Dakota shall present certification that they have received
				  the Tdap and MCV4 vaccine. Students who turn 11 during the sixth grade shall
				  provide certification that they have received these vaccinations within 45 days
				  following the 11th birthday. If the student is
				  medically contraindicated for Tdap, a dose of Td vaccine is
				  required.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:04 - Sixth Grade School Entry Requirements › Section 44:81:04:02 - Documentation requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each school shall collect proof of immunization for each
				  student entering the 6th grade in South Dakota.
				  Acceptable proof is a signed Immunization Record from SDIIS, a vaccination card
				  from the parent or guardian, or a Certificate of Immunization. If a card is
				  presented, the immunizations shall be entered in to SDIIS or a Certificate of
				  Immunization form shall be completed.
Schools shall submit proof of immunization for students to
				  the department no later than November 1 of the current school year. If the
				  records are from SDIIS, only an alphabetized roster of students is required. If
				  the proof of immunization is in the form of a Certificate of Immunization, the
				  certificates shall be alphabetized and submitted to the department. A complete
				  alphabetized roster of students entering sixth grade shall be submitted along
				  with the required proof of immunization.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:05 - Transfer Student Requirements › Section 44:81:05:01 - Immunization requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any full time or part time transfer student shall present
				  certification that they have received required age appropriate immunizations
				  pursuant to this Article.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:05 - Transfer Student Requirements › Section 44:81:05:02 - Documentation requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each school shall collect proof of immunization for each
				  transfer student. Acceptable proof is a signed Immunization Record from SDIIS,
				  a vaccination card from the parent or guardian, or a Certificate of
				  Immunization. If a card is presented, the immunizations shall be entered into
				  SDIIS or a Certificate of Immunization form shall be completed.
Schools shall submit proof of immunization for students to
				  the department no later than November 1 of the current school year or within 45
				  days of the date of transfer. If the records are from SDIIS, only an
				  alphabetized roster of students is required. If the proof of immunization is in
				  the form of a Certificate of Immunization, the certificates shall be
				  alphabetized and submitted to the department. A complete alphabetized roster of
				  all transfer students shall be submitted along with the required proof of
				  immunization.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:81 - Immunization Requirements for School Entry › Chapter 44:81:06 - Exemptions to Vaccination › Section 44:81:06:01 - Documentation requirements

Current through Register Vol. 51, page 10, July 15, 2024
A medical exemption pursuant to SDCL
				  13-28-7.1 requires the signature
				  of a physician licensed pursuant to SDCL chapter 36-4. The signature shall be
				  on the South Dakota Department of Health - Certificate of Immunization
				  form.
A religious exemption pursuant to SDCL
				  13-28-7.1 requires the signature
				  of the parent or guardian on the South Dakota Department of Health -
				  Certificate of Immunization form or a signed statement by the parent or
				  guardian stating that child is adherent to a religious doctrine whose teachings
				  are opposed to immunization.
The school or early childhood program is required to collect
				  the exemption documents and submit to the department no later than November 1
				  of the current school year or within 45 days of transferring into the school
				  district.
General Authority:
SDCL
					 13-28-7.1.
Law Implemented:
SDCL
					 13-28-7.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  34-12-1.1 have the same meaning in
				  this article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an
				individual indicating that one or more of the following has occurred:
(a) A criminal conviction against a person
				for mistreatment toward an individual; or
(b) In the absence of a criminal conviction,
				substantial evidence that one or more of the following has occurred resulting
				in harm, pain, fear, or mental anguish:
(i)
				Misappropriation of a residents property or funds;
(ii) An attempt to commit a crime against a
				resident;
(iii) Physical harm or
				injury against a resident; or
(iv)
				Using profanity, making a gesture, or engaging in any other act made to or
				directed at a resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:02 - Licensure of community living home

Current through Register Vol. 51, page 10, July 15, 2024
Any license issued shall denote the name of the community
				  living home and address on the face of the license. The license certificate
				  remains the property of the department.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:03 - Community living home capacity

Current through Register Vol. 51, page 10, July 15, 2024
The community living home may not serve more than four
				  residents. The community living home capacity shall be established at the time
				  of licensure. The department shall be notified of any capacity adjustments. The
				  community living home must have adequate staffing levels of care providers to
				  adequately and appropriately meet the needs of its residents.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:04 - Community living home staffing requirements

Current through Register Vol. 51, page 10, July 15, 2024
The community living home must provide and maintain adequate
				  staffing levels of care providers to effectively and appropriately meet the
				  needs of its residents.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:05 - Personnel

Current through Register Vol. 51, page 10, July 15, 2024
Community living home owners, operators, and care providers
				  shall meet the following criteria:
(1)
				Community living home owners, operators, and care providers must have the
				capacity and ability to provide appropriate care and supports pursuant to each
				residents care plan;
(2) Community
				living home owners, operators, care providers, and family members residing at
				the residence, may not have a conviction for abusing or neglecting another
				person; and
(3) Any person
				providing supervisory care and support in the community living home shall be at
				least 18 years of age.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:06 - Resident evaluation and plan of care

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall ensure an evaluation of each
				  residents individualized and independent residential community living support
				  needs is documented at the time of application for residency in the home, at
				  least annually thereafter, and upon a significant change in condition, to
				  determine how the community living home can meet the needs of each resident and
				  what services should be included in a plan of care jointly developed by the
				  operator and the resident. The evaluation and plan of care will be documented
				  on a form approved by the department and maintained in each residents
				  record.
General Authority:
SDCL
					 34-12-7,
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-7,
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:07 - Joint occupancy

Current through Register Vol. 51, page 10, July 15, 2024
The use of a portion of a building for a purpose other than
				  that covered by the license may be approved by the department only if it can be
				  shown that joint occupancy is not detrimental to the welfare of the residents.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:08 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each owner or operator shall provide the pertinent data
				  necessary to comply with the requirements of all applicable administrative
				  rules and statutes.
Any incident or event where there is reasonable cause to
				  suspect abuse or neglect of any resident by any person shall be reported within
				  24 hours of becoming informed of the alleged incident or event. The owner or
				  operator shall report each incident or event orally or in writing to the states
				  attorney of the county in which the home is located, to the Department of Human
				  Services, or to a law enforcement officer. The owner or operator shall report
				  each incident or event to the department within 24 hours, and conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each owner or operator shall report to the department within
				  24 hours of the event any death resulting from other than natural causes
				  originating on home property such as accidents or suicide. The owner or
				  operator shall conduct a subsequent internal investigation and provide a
				  written report of the results to the department within five working days after
				  the event.
Each owner or operator shall report a missing resident to the
				  department within 48 hours of incident. The owner or operator shall conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each owner or operator shall also report to the department as
				  soon as possible any fire with damage or where injury or death occurs; any
				  partial or complete evacuation of the home resulting from natural disaster; or
				  any loss of utilities, such as electricity, natural gas, telephone services,
				  fire alarm, and other critical equipment necessary for operation of the
				  community living home for more than 24 hours.
Each owner or operator shall notify the department of any
				  anticipated closure or discontinuation of service at least 30 days in advance
				  of the effective date.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:09 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days of the receipt of the statement of
				  deficiencies, each owner or operator shall submit to the department a written
				  plan of correction for the citation of noncompliance with licensure
				  requirements. The plan of correction shall be signed, dated, and on the
				  original forms provided by the department. The department may reject the plan
				  of correction if there is no evidence the plan will cause the community living
				  home to attain or maintain compliance with SDCL chapter 34-12 and this
				  article.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:01 - RULES OF GENERAL APPLICABILITY › Section 44:82:01:10 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in this article limits or expands the rights of any
				  healthcare worker or care provider to provide services within the scope of the
				  professionals license, certification, or registration, as provided by South
				  Dakota law.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The community living home shall be kept clean, neat, and
				  free of litter and rubbish. Hazardous cleaning solutions, chemicals, and
				  poisons shall be labeled, stored in a safe place, and kept in an enclosed
				  cabinet.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
No pet kept in or visiting the community living home may
				  negatively affect the well-being of any resident.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:03 - Household furnishings

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall provide all basic and necessary
				  household furnishings and supplies for the residents, including but not limited
				  to: furniture; bedding; towels; kitchen furnishings such as pots, pans, dishes,
				  and utensils; daily supplies such as toilet paper; and other items commonly
				  found in a private residence.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:04 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
The community living homes plumbing system shall be
				  designed, installed, and operated in accordance with state and local laws and
				  regulations.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:05 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The community living homes water supply shall be obtained
				  from a public water system or, in its absence, from a supply approved by the
				  Department of Environment and Natural Resources. Any private water supply shall
				  have a water sample bacteriologically tested at least annually and the testing
				  results shall be provided to the department. The volume of water shall be
				  sufficient for the needs of the community living home. The hot water system
				  shall be capable of supplying the work and resident areas with water at the
				  required temperatures. Maximum hot water temperatures at plumbing fixtures used
				  by residents may not exceed 125 degrees Fahrenheit (52 degrees centigrade). The
				  minimum temperature of hot water for resident use shall be at least 100 degrees
				  Fahrenheit (38 degrees centigrade).
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:06 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each home shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to any occupant. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of any resident admitted to the community living
				  home. The community living home shall take at least the following
				  precautions:
(1) Provide securely
				constructed and conveniently located grab bars in all toilet rooms and bathing
				areas used by residents;
(2)
				Provide grounded or double-insulated electrical equipment or protect the
				equipment with ground fault circuit interrupters. Ground fault circuit
				interrupters shall be provided in wet areas and for outlets within six feet of
				sinks;
(3) Any use of a portable
				space heater, portable halogen lamp, household-type electric blanket, or
				household-type heating pad shall be used in accordance with the manufacturers
				recommendations; and
(4) The
				storage and transfilling of oxygen cylinders or containers shall meet the
				requirements of the NFPA 99 Standard for Health Care Occupancies, 2012 Edition.
				A resident may store in his or her room a maximum of three E-cylinders or 72
				cubic feet (2.040 cubic meters) of oxygen on an as needed basis in addition to
				oxygen in use by the resident.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:07 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall submit any proposed change by
				  significant new construction or remodeling of the home to the department. Any
				  significant change shall have the approval of the department before it is made.
				  A written narrative describing the proposed change shall be provided to the
				  department. Plans and specifications may be required to be provided upon
				  request by the department.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:08 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator shall keep the community living home
				  and premises free of rodents and insects. Any door or window used for outside
				  ventilation shall have a screen.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:09 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of the community living home shall promote the
				  health, comfort, safety, and well-being of its residents, and shall not create
				  barriers to integration and participation in the broader community. Easy access
				  for care providers, visitors, first responders, and fire-fighting services
				  shall be maintained.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:10 - Reasonable accommodations

Current through Register Vol. 51, page 10, July 15, 2024
Accessible and usable accommodations shall be available to
				  meet the needs of residents with disabilities.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:02 - PHYSICAL ENVIRONMENT AND SAFETY › Section 44:82:02:11 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator may be directed to remove or correct
				  any hazardous condition not covered in this chapter if the department considers
				  the condition to have the potential to cause injury or
				  illness.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:03 - FIRE SAFETY AND CONSTRUCTION STANDARDS › Section 44:82:03:01 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each community living home shall meet the applicable fire
				  safety standards of One- and Two- Family Dwellings in the Life Safety Code in
				  NFPA 101 Life Safety Code, 2012 edition. Each community living home shall be
				  constructed, arranged, equipped, maintained, and operated to avoid undue danger
				  to the lives and safety of its occupants from fire, smoke, fumes, or resulting
				  panic during the period of time reasonably necessary for escape from the
				  structure in case of fire or other emergency. Compliance with this section does
				  not eliminate or reduce the necessity for other provisions for safety of
				  persons using the structure under normal occupancy
				  conditions.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $ 93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:03 - FIRE SAFETY AND CONSTRUCTION STANDARDS › Section 44:82:03:02 - Evacuation plan

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator shall have a written evacuation plan,
				  and shall inform the residents of the plan. Fire safety drills are
				  encouraged.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:03 - FIRE SAFETY AND CONSTRUCTION STANDARDS › Section 44:82:03:03 - Exits

Current through Register Vol. 51, page 10, July 15, 2024
There shall be two exits remote from each other on each
				  level used for the care of residents. Each of these exits shall provide
				  unobstructed access to the outside. One of these exits shall be a door or
				  stairway which leads to the outside of the building at ground level. The other
				  exit may be a window if it meets the following requirements:
(1) It can be easily opened from the inside
				without the use of tools;
(2) It
				provides a clear opening with a minimum dimension of at least 20 inches in
				width by 24 inches in height, is at least five point seven square feet in area,
				with a sill at 44 inches, and provides a safe means of escape; and
(3) If a storm window, screen, or burglar
				guard is used, it has a quick-opening device which can be easily opened from
				the inside.
A ladder, folding stairs, or trap door may not be the only
				  access to a bedroom.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:03 - FIRE SAFETY AND CONSTRUCTION STANDARDS › Section 44:82:03:04 - New construction

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this section apply to all newly licensed
				  community living homes and to any renovation, addition, and change in space use
				  of currently approved existing homes.
An automatic sprinkler system is not required in a community
				  living homes unless required by the local municipality issuing the building
				  permit.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:03 - FIRE SAFETY AND CONSTRUCTION STANDARDS › Section 44:82:03:05 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered exhaust ventilation shall be provided
				  in all newly constructed or renovated toilet rooms.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:04 - OWNERS, OPERATORS, AND CARE PROVIDERS › Section 44:82:04:01 - Daily operations

Current through Register Vol. 51, page 10, July 15, 2024
The community living home owner or operator is responsible
				  for the daily overall operation of the home. The owner shall notify the
				  department in writing of any change of ownership or change of location.
The community living home owner, operator, or a care provider
				  shall be present in the home according to the needs of the residents and as
				  documented in the residents care plans.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:04 - OWNERS, OPERATORS, AND CARE PROVIDERS › Section 44:82:04:02 - Care providers

Current through Register Vol. 51, page 10, July 15, 2024
The community living home shall have a sufficient number of
				  care providers to provide individualized and independent residential community
				  living supports.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:04 - OWNERS, OPERATORS, AND CARE PROVIDERS › Section 44:82:04:03 - Infection control

Current through Register Vol. 51, page 10, July 15, 2024
All owners, operators and care providers shall take
				  appropriate precautions to prevent the potential spread of communicable disease
				  to the residents. An owner, operator, or care provider with a reportable
				  communicable disease that may endanger the health of a resident shall minimize
				  contact with the residents until such time as they are determined by an
				  appropriate health care professional to no longer be
				  infectious.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:04 - OWNERS, OPERATORS, AND CARE PROVIDERS › Section 44:82:04:04 - Care of the residents

Current through Register Vol. 51, page 10, July 15, 2024
An owner, operator, or care provider shall provide, or
				  arrange for, appropriate care and supervision for the residents consistent with
				  each residents assessed needs and plan of care, and shall be cooperative with
				  the department in carrying out the residents care plans. Services may also be
				  provided by qualified personnel of an outside healthcare provider. An owner,
				  operator, or care provider shall be regularly available to provide appropriate
				  health care and supervision to the residents.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:05 - MEDICATIONS AND RESIDENT RECORDS › Section 44:82:05:01 - Medication labeling, storage, and disposal

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for medications in community living homes
				  include the following:
(1) Medications
				and biologicals kept on the premises shall be labeled with the drug name,
				strength, and expiration date;
(2)
				Medications shall be kept in a secure location or in the residents room to
				prevent unauthorized access;
(3)
				Medications requiring refrigeration may be stored in a refrigerator used for
				food storage if the drugs are stored in a sealed container and placed on the
				top rack or tray;
(4) Medications
				shall be self-administered only by residents and family members, or by
				qualified personnel or care providers licensed or authorized to administer
				drugs; and
(5) Outdated or
				discontinued medication shall be properly destroyed or disposed.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:05 - MEDICATIONS AND RESIDENT RECORDS › Section 44:82:05:02 - Resident records

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall ensure confidentiality and
				  safeguarding of resident records. Records for each resident shall be maintained
				  while they are residing in the home and for an appropriate amount of time
				  thereafter. The home may arrange storage or transfer of resident records with
				  another licensed home, or at the request of the resident, relinquish records to
				  the resident or the residents legal representative, or arrange storage of
				  remaining medical records with a third party vendor who undertakes such a
				  storage activity. At least 30 days before closure, the owner or operator shall
				  notify the department in writing indicating of the provisions for the safe
				  preservation of resident records and their location. If ownership of the
				  community living home is transferred, the new owner shall maintain the resident
				  records as if there was not a change in ownership. Resident records at a
				  minimum shall include the following:
(1) Current basic health information
				including a list of medications, allergies, diet requirements, and daily health
				needs;
(2) The name and contact
				information of the residents physician and other health care professionals
				involved with the residents care;
(3) The name and contact information of the
				residents preferred emergency contact(s), immediate family members, and health
				care representative or power of attorney;
(4) An evaluation of the residents
				individualized and independent residential community living support needs
				completed within the past year, or upon a significant change in the residents
				condition, that is recorded on a form approved by the department;
(5) A current plan of care, as agreed to by
				the resident (or legal representative) and the owner or operator, updated at
				least annually;
(6) Any reports of
				suspicion of abuse or neglect reported to the department;
(7) Disposition of medications that were
				outdated or disposed; and
(8)
				Discharge information including disposition of medications.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:01 - Application of chapter - Resident rights

Current through Register Vol. 51, page 10, July 15, 2024
An owner, operator, or care provider shall conduct practices
				  consistent with this chapter to protect and promote the rights of each
				  resident.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:02 - Owner or operator to inform resident of rights

Current through Register Vol. 51, page 10, July 15, 2024
Prior to or at the time of admission, an owner or operator
				  shall inform the resident, both orally and in writing, of the residents rights
				  and of the rules governing the residents conduct and responsibilities while
				  living in the home. Any subsequent modifications to the residents rights and
				  rules governing the residents conduct and responsibilities shall be
				  communicated, both orally and in writing, to the resident. The information
				  shall contain the following:
(1) The
				residents ability to exercise their rights as a resident of the home and as a
				citizen of the United States;
(2)
				The residents right to be free of interference, coercion, discrimination, and
				reprisal from the home in exercising the residents rights;
(3) The residents right to have a person
				appointed to act on the residents behalf. If a resident has been adjudged
				incompetent or incapacitated, the residents rights shall be exercised by the
				person appointed under state law to act on the residents behalf. If a resident
				has not been adjudged to be incompetent or incapacitated, the residents rights
				may be exercised by the legal surrogate recognized under state law, whether
				statutory or as recognized by the courts of the state to act on the residents
				behalf. The home shall record and keep up to date the appointed person's
				address and phone number;
(4) The
				residents right to access their own records;
(5) The residents right to be fully informed
				of their total health status, including functional status, medical care,
				nursing care, nutritional status, rehabilitation and restorative potential,
				activities potential, cognitive status, oral health, psychosocial status, and
				sensory and physical impairments;
(6) The residents right to refuse treatment
				and to refuse to participate in experimental research. A residents right to
				refuse treatment does not absolve an owner, operator, or care provider from
				responsibility to provide for necessary medical services and treatment. Any
				resident who refuses treatment shall be informed of the results of that
				refusal, plus any alternatives that may be available;
(7) The residents right to formulate a
				durable power of attorney for health care as provided in SDCL chapter 59-7 and
				a living will declaration as provided in SDCL chapter 34-12 D; and
(8) The residents right to receive visitors.
				Visiting hours and policies of the home shall permit and encourage the visiting
				of residents by friends and relatives.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:03 - Residential agreement

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator shall provide a written residential
				  agreement to each resident. The department will develop and make available a
				  template for the residential agreement which can be used at the owners or
				  operators discretion. If the model template is not used, at a minimum the
				  residential agreement shall include:
(1) A list of services available in the home
				and the charges for such services. The home shall specify which items and
				services are included in the services for which the resident may not be
				charged, those other items and services that the home offers and for which the
				resident may be charged, and the amount of any such charges;
(2) A description of how a resident may
				protect personal funds;
(3) A list
				of names, addresses, and telephone numbers of resident advocates;
(4) A description of how to file a complaint
				with the department concerning abuse, neglect, and misappropriation of
				residents property;
(5) A
				description of how the resident can contact their physician, physician
				assistant, or nurse practitioner, including the name and specialty of the
				physician;
(6) A description of how
				to apply for and use Medicare and Medicaid benefits, and the right to establish
				eligibility for Medicaid, including the addresses and telephone numbers of the
				nearest office of the South Dakota Department of Social Services and of the
				United State Social Security Administration;
(7) A description of the bed-hold policy that
				indicates the length of time the bed will be held for the resident, any
				policies regarding the held bed, and readmission rights of the resident;
				and
(8) A description explaining
				the responsibilities of the resident regarding self-administered medication.
A signed and dated residential agreement between the resident
				  or the residents legal representative and the home shall include subdivisions
				  (1) to (8), inclusive, of this section. The residential agreement shall be
				  completed either before or at the time of admission, and before the resident
				  has made a commitment for payment for proposed or actual care. The agreement
				  may not include ambiguous or misleading information and may not be in conflict
				  with this chapter. Any change in the information shall be given to the resident
				  or the residents legal representative as a signed and dated addendum to the
				  original agreement.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:04 - Notification when resident's condition changes

Current through Register Vol. 51, page 10, July 15, 2024
The owner, operator, or care provider shall immediately
				  inform the resident, consult with the residents care provider or health care
				  professional, and notify the residents legal representative or family members,
				  and the residents case manager, when any of the following occurs:
(1) An accident involving the resident that
				results in injury or has the potential for requiring intervention by a
				physician;
(2) A significant change
				in the residents physical, mental, or psychosocial status;
(3) A need to alter treatment significantly;
				or
(4) A decision to transfer or
				discharge the resident from the home.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:05 - Right to manage financial affairs

Current through Register Vol. 51, page 10, July 15, 2024
A resident may manage their own personal financial affairs.
				  A home may not require any resident to deposit any personal funds with the
				  home. If the resident chooses to deposit funds with the home and gives written
				  authorization, the home shall hold the funds in accordance with the provisions
				  of SDCL §§34-12-15.1 to 34-12-15.10, inclusive.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:06 - Choice in planning care

Current through Register Vol. 51, page 10, July 15, 2024
A resident may choose their own health care providers, be
				  fully informed in advance about care and treatment and of any changes in that
				  care or treatment that may affect the residents well-being, and, unless
				  adjudged incompetent or otherwise found to be incapacitated under the laws of
				  the state, participate in planning care and treatment or changes in care or
				  treatment.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).