reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:03 - Medical staff

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall have a medical staff organized under bylaws
				  and rules approved by the governing body and responsible to the governing body
				  for the quality of all medical care provided patients in the facility and for
				  the ethical and professional practices of its members. The medical staff shall
				  include physicians, but it may also include other practitioners appointed by
				  the governing body. If the medical staff has an executive committee, a majority
				  of the members of the committee shall be physicians. The responsibility for the
				  conduct of medical staff affairs shall be assigned to an individual physician.
				  The medical staff shall establish a credentials committee to review the
				  qualifications of practitioners applying for admitting or patient care
				  privileges and recommend to the governing body practitioners eligible for
				  appointment to the medical staff by the governing body. The review shall
				  include recommendations regarding delineation of admitting and patient care
				  privileges. The medical staff shall conduct appraisals of its members at least
				  every two years. The review shall include recommendations regarding delineation
				  of privileges. In addition, the medical staff shall do the following:
(1) Hold at least quarterly meetings for
				which records of attendance and minutes are kept;
(2) At least biennially review and analyze
				the clinical experience of its members and the medical records of patients on
				sampling or another basis. All techniques and procedures involvingdiagnosis and
				treatment of patients shall be reviewed annually and shall be subject to change
				by the medical staff;
(3) Assure
				that all persons admitted to the ambulatory surgery center are under the care
				of a physician; and
(4) Assure that
				all medical orders are given by a practitioner and recorded in accordance with
				the medical staff bylaws and rules. All orders shall be signed or countersigned
				by the attending physician.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Governing body, §
											44:76:04:02.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:04 - Administrator

Current through Register Vol. 51, page 10, July 15, 2024
The governing body shall designate a qualified administrator
				  to represent the owner or governing body and to be responsible for the daily
				  overall management of the facility. The administrator shall designate a
				  qualified person to represent the administrator during the administrator's
				  absence. The governing body shall notify the department in writing of any
				  change of administrator.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:05 - Personnel

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a sufficient number of qualified
				  personnel to provide effective and safe care. Staff members on duty shall be
				  awake at all times. Any supervisor shall be 18 years of age or older. Written
				  job descriptions and personnel policies and procedures shall be made available
				  to personnel of all departments and services. The facility may not knowingly
				  employ any person with a conviction for abusing another person. The facility
				  shall establish and follow policies regarding special duty or staff members on
				  contract.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:06 - Personnel training

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a formal orientation program and an
				  ongoing education program for all personnel. Ongoing education programs shall
				  cover the required subjects annually. These programs shall include the
				  following subjects:
(1) Fire
				prevention and response. The facility shall conduct fire drills quarterly for
				each shift to provide training for all staff;
(2) Emergency procedures and
				preparedness;
(3) Infection control
				and prevention;
(4) Accident
				prevention and safety procedures;
(5) Proper use of restraints;
(6) Patient rights;
(7) Confidentiality of patient
				information;
(8) Incidents and
				diseases subject to mandatory reporting and the facility's reporting
				mechanisms; and
(9) Care of
				patients with unique needs;
Personnel whom the facility determines will have no contact
				  with patients are exempt from training required by subdivisions (5) and (9) of
				  this section.
Additional personnel education shall be based on facility
				  identified needs.
Current professional and technical reference books and
				  periodicals shall be made available for personnel.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:07 - Employee health program

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have an employee health program for the
				  protection of the patients. All personnel shall be evaluated by a licensed
				  health professional for freedom from reportable communicable disease which
				  poses a threat to others before assignment to duties or within 14 days after
				  employment including an assessment of previous vaccinations and a tuberculin
				  skin tests or blood assay test. The facility may not allow anyone with a
				  communicable disease, during the period of communicability, to work in a
				  capacity that would allow spread of the disease. Any personnel absent from duty
				  because of a reportable communicable disease which may endanger the health of
				  patients and fellow employees may not return to duty until they are determined
				  by a physician, physicians designee, physician assistant, nurse practitioner,
				  or clinical nurse specialist to no longer have the disease in a communicable
				  stage.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
Reportable diseases, ch
					 44:20:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:08 - Admissions of patients

Current through Register Vol. 51, page 10, July 15, 2024
The governing body of the facility shall establish and
				  maintain admission, assessment, transfer, and discharge policies, with written
				  evidence to assure the patients admitted are within the licensure
				  classification of the facility or its distinct part. The facility may admit, on
				  the orders of a practitioner, only those patients for whom it can provide care
				  safely and effectively.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:09 - Disease prevention

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall provide an organized infection control
				  program for preventing, investigating and controlling infection. The facility
				  shall establish written policies regarding visitation in the various services
				  and departments of the facility. Any visitor who has an infectious disease, who
				  has recently recovered from such a disease, or who has recently had contact
				  with such a disease shall be discouraged from entering the
				  facility.
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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:10 - Tuberculin screening requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall develop criteria to screen healthcare
				  workers for
Mycobacterium
tuberculosis (TB) based on the
				  guidelines issued by Centers for Disease Control and Prevention. Each facility
				  shall establish policies and procedures for conducting
Mycobacterium
tuberculosis risk assessment that include the
				  key components of responsibility, surveillance, containment, and education. The
				  frequency of repeat screening shall depend upon annual risk assessments
				  conducted by the facility.
Tuberculin screening requirements for healthcare workers are
				  as follows:
(1) Each new healthcare
				worker shall receive the two-step method of tuberculin skin test or a TB blood
				assay test to establish a baseline within 14 days of employment. Any two
				documented tuberculin skin tests completed within a 12 month period prior to
				the date of employment can be considered a two-step or one blood assay TB test
				completed within a 12 month period prior to the date of employment can be
				considered an adequate baseline test. Skin testing or TB blood assay tests are
				not necessary if a new employee transfers from one licensed healthcare facility
				to another licensed healthcare facility within the state if the facility
				received documentation of the last skin testing completed within the prior 12
				months. Skin testing or TB blood assay test are not necessary if documentation
				is provided of a previous positive reaction to either test. Any new healthcare
				worker who has a newly recognized positive reaction to the skin test or TB
				blood assay test shall have a medical evaluation and a chest X-ray to determine
				the presence or absence of the active disease;
(2) A new healthcare worker who provides
				documentation of a positive reaction to the tuberculin skin test or TB blood
				assay test shall have a medical evaluation and chest X-ray to determine the
				presence or absence of the active disease; and
(3) Each healthcare worker with a history of
				a positive reaction to the tuberculin skin test or blood assay shall be
				evaluated annually by a physician, physician assistant, nurse practitioner,
				clinical nurse specialist, or a nurse and a record maintained of the presence
				or absence of symptoms of
Mycobacterium
tuberculosis. If this
				evaluation results in suspicion of active tuberculosis, the person shall be
				referred for further medical evaluation to confirm the presence or absence of
				tuberculosis.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14),
					 34-22-9.
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
Guidelines for Preventing the Transmission of
					 Mycobacterium Tuberculosis in Health-Care Facilities, 2005
. "Centers for
					 Disease Control and Prevention Morbidity and Mortality Weekly Report," December
					 30, 2005 (RR17).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:11 - Care policies

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish and maintain policies,
				  procedures, and practices that follow accepted standards of professional
				  practice to govern care, and related medical or other services necessary to
				  meet the patients' needs.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:12 - Transfer agreements

Current through Register Vol. 51, page 10, July 15, 2024
Each ambulatory surgery center shall have in effect a
				  transfer agreement with one or more hospitals to provide services not available
				  on site. The agreement shall provide for an interchange of medical and other
				  necessary information. The facility shall have an effective procedure for the
				  immediate transfer to a hospital of patients requiring emergency medical care
				  beyond the capabilities of the facility. The hospital shall be a local Medicare
				  participating or local nonparticipating hospital that meets the requirements
				  for payment for emergency services. The facility shall have a written transfer
				  agreement with a hospital or all physicians performing surgery in the facility
				  have admitting privileges at a hospital.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:13 - Quality assessment

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed facility shall provide for on-going evaluation
				  of the quality of services provided to patients that includes any contract
				  services. Components of the quality assessment evaluation shall include
				  establishment of facility standards; interdisciplinary review of patient
				  services to identify deviations from the standards and actions taken to correct
				  deviations; patient satisfaction surveys; utilization of services provided; and
				  documentation of the evaluation and report to the governing
				  body.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:14 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall have policies and procedures for discharge
				  planning including the person responsible, members of the discharge planning
				  team, a list of all area agencies and resources, and a description of the
				  process. Outside caregivers may be included in discharge planning
				  conferences.
The facility shall initiate planning with applicable agencies
				  to meet identified needs, and patients shall be offered assistance to obtain
				  needed services upon discharge. Information necessary for coordination and
				  continuity of care shall be made available to whomever the patient is
				  discharged and to referral agencies as required by the discharge plan.
The facility shall ensure each has a discharge order signed
				  by the physician who performed the surgery or procedure. All patients shall be
				  discharged in the company of a responsible adult, except those patients
				  exempted by the attending physician as outlined by the facility policy. Each
				  patient shall be provided written discharge instructions.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:05 - Physician services › Section 44:76:05:01 - Admissions

Current through Register Vol. 51, page 10, July 15, 2024
Each patient may be admitted only on the order of a
				  practitioner and the patient's health care shall continue under the supervision
				  of a physician who is a member of the medical staff. Before or on admission of
				  a patient, the patient's physician shall provide the staff of the facility with
				  documented information regarding current medical findings, admitting diagnoses,
				  and written orders for the immediate care of the individual.
The ambulatory surgery center must develop and maintain a
				  policy that identifies those patients who require a medical history and
				  physical examination prior to surgery. The policy must include:
(1) The timeframe for medical history and
				physical examination to be completed prior to surgery; and
(2) Address:
(A) Patient age;
(B) Diagnosis;
(C) Type and number of procedures scheduled
				to be performed on the same surgery date;
(D) Known comorbidities; and
(E) Planned anesthesia level; and
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:05 - Physician services › Section 44:76:05:02 - Medical orders

Current through Register Vol. 51, page 10, July 15, 2024
All medical orders, including verbal orders, shall be in
				  writing or electronic format and shall be dated, timed, and authenticated
				  promptly by the practitioner. Verbal orders are for medications, treatments,
				  interventions, or other patient care that are transmitted as oral, spoken
				  communications between senders and receivers, delivered either face-to-face or
				  via telephone. Verbal orders may be taken only when there is an urgent need to
				  initiate or change a medical order. The practitioner shall time, date, and
				  authenticate the orders for all patients promptly. Each practitioner is
				  responsible for documenting written or electronic orders and progress notes on
				  each patient's medical record.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:05 - Physician services › Section 44:76:05:03 - Physician assistant, nurse practitioner, or clinical nurse specialist

Current through Register Vol. 51, page 10, July 15, 2024
If the services of a physician assistant, nurse
				  practitioner, or clinical nurse specialist are utilized, the facility shall
				  develop written policies regarding their role in the care of the
				  patient.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:06 - Nursing and related care services › Section 44:76:06:01 - Nursing services

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have an organized nursing service under
				  the direction of a registered nurse. At least one registered nurse shall be on
				  duty in the ambulatory surgery center at all times when a patient is in the
				  facility. Written policies and procedures consistent with the standards of
				  nursing practices shall be developed for the direction and guidance of nursing
				  personnel. All licensed practical nurses and other nursing personnel involved
				  in patient care shall be under the direct supervision of a registered nurse.
				  When a general anesthetic is used, at least one registered nurse other than the
				  individual administering anesthesia shall be available in each operating room
				  during surgical procedures. Nursing personnel shall be familiar with the
				  location and trained in the operation and use of emergency and resuscitative
				  equipment. A facility shall maintain a sufficient number of nursing personnel
				  on duty at all times to provide supervision of and nursing care for all
				  patients. An unlicensed employee of a licensed facility may not accept any
				  delegated skilled tasks from any nonemployed, noncontracted skilled nursing and
				  therapy providers pursuant to SDCL chapters 36-9, 36-10, and 36-31. The
				  perioperative registered nurse monitoring the patient receiving moderate
				  sedation or analgesic shall have no other responsibilities that would require
				  leaving the patient unattended or compromise continuous monitoring during the
				  procedure. The perioperative registered nurse shall continuously monitor the
				  patients heart rate and function via electrocardiogram; oxygenation using pulse
				  oximetry; respiratory rate and adequacy of ventilation, blood pressure; level
				  of consciousness, comfort level, and skin condition at regular intervals.
				  Annually education and competency shall be completed for nursing staff
				  responsible for moderate sedation.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
Scope and standards of nursing practice -- Basic role,
					 §
											20:48:04:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:06 - Nursing and related care services › Section 44:76:06:02 - Nursing policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish and maintain policies and
				  procedures that provide the nursing staff with methods of meeting its
				  administrative and technical responsibilities in providing care to patients.
				  The policies shall include at least the following:
(1) The noting of diagnostic and therapeutic
				orders;
(2) Assigning the nursing
				care of patients;
(3)
				Administration and control of medications;
(4) Charting by nursing personnel;
(5) Infection control;
(6) Patient safety; and
(7) Delineation of orders from nonphysician
				practitioners.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:01 - Pharmaceutical services

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for pharmaceutical services in ambulatory
				  surgery centers are as follows:
(1) A
				physician, pharmacist, or registered nurse is responsible for the supervision
				of drug stocks in the facility;
(2)
				Records shall be kept of stock supplies of all drugs and shall give an
				accounting for all items purchased and dispensed;
(3) Policies and procedures on drug handling,
				storing, labeling, and dispensing shall be in writing and available to
				personnel; and
(4) All drugs in the
				facility shall be labeled with drug name, strength, and expiration date and
				shall be stored in specially designated, well illuminated cabinets, closets, or
				storerooms. Drug cabinets shall be accessible only to authorized individuals as
				outlined in the facilities policies and procedures. All drugs controlled
				pursuant to SDCL chapter 34-20 B shall be securely locked and shall be
				accessible only to authorized individuals.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:02 - Policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish and practice methods and
				  procedures for medication control that include the following:
(1) A requirement that each patient's
				prescribing physician, physician assistant, or nurse practitioner provide to
				the facility electronic or written signed orders for any medications taken by
the patient; authorization for medications or drugs kept on
				  the person or in the room of the patient; and release of medications;
(2) Provisions for proper storage
				of prescribed medications so that the medications are inaccessible to patients
				or visitors with requirements for:
(a)
				Separate storage of poisons, topical medications, and oral
				medications;
(b) Each patient's
				medication to be stored in the container in which it was originally received
				and not transferred to another container; and
(c) A medication prescribed for one patient
				not to be administered to any other patient;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:03 - Written orders for medication required

Current through Register Vol. 51, page 10, July 15, 2024
All medications or drugs administered to patients shall be
				  ordered electronically or in writing and authenticated by the prescriber.
				  Verbal orders for medications or drugs may be taken only when there is an
				  urgent need to initiate or change an order and accepted only by a pharmacist or
				  licensed nurse in facility. The prescriber shall date, time, and authenticate
				  the orders for patients promptly. The practitioner shall date, time, and
				  authenticate the orders for patients as soon as promptly. A policy on stop
				  orders for antibiotics, anticoagulants, and controlled drugs shall be
				  established based on recommendations of the medical staff.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:04 - Storage and labeling of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
All drugs or medications shall be stored in a well
				  illuminated, locked storage area that is well ventilated, maintained at a
				  temperature appropriate for drug storage, and inaccessible to patients, or
				  visitors at all times. Medications suitable for storage at room temperature
				  shall be maintained between 59 and 86 degrees Fahrenheit (15 and 30 degrees
				  centigrade). Medications that require refrigeration shall be maintained between
				  36 and 46 degrees Fahrenheit (2 and 8 degrees centigrade). Poisons and
				  medications prescribed for external use shall be stored separately from
				  internal medications, locked and made inaccessible to patients.
The medications or drugs of each patient for whom medications
				  are facility-administered shall be stored in the containers in which they were
				  originally received and may not be transferred to another container. Special
				  modification of this requirement may be made if single dose packaging is used.
				  Each prescription drug container, including manufacturer's complimentary
				  samples, shall be labeled with the patient's name, physician, physician
				  assistant, or nurse practitioners name, drug name and strength, directions for
				  use, and prescription date.
Containers with contents that will not be used within 30 days
				  of issue or with contents that expire in less than 30 days of issue shall bear
				  an expiration date. If a single dose system is used, the drug name and
				  strength, expiration date, and a control number shall be on the unit dose
				  packet.
If a stock bottle system is used in a facility with a
				  licensed pharmacy, the container shall be labeled with the drug name and
				  strength, expiration date, and a control number. Any container with a worn,
				  illegible, or missing label shall be destroyed pursuant to §
									44:73:08:06. Licensed pharmacists
				  are responsible for the labeling, relabeling, or altering of labels on
				  medication containers.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:05 - Control and accountability of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
A patient may self-administer medications brought from home
				  during their treatment or these medications may be administered by the facility
				  staff if ordered by the attending physician, physician assistant, or nurse
				  practitioner and, if prior to administration, is identified as the prescribed
				  drug. Medications prescribed for one patient may not be administered to
				  another. Patients may not keep medications on their person without a
				  physician's, physician assistant, or nurse practitioner's order allowing
				  self-administration. Written authorization by the patient's physician,
				  physician assistant, or nurse practitioner shall be secured for the release of
				  any medication to a patient upon discharge from the facility. The release of
				  medication shall be documented in the patient's record, indicating quantity,
				  drug name, and strength. The facility shall maintain records that account for
				  all medications and drugs from their receipt through administration,
				  destruction, or return.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:06 - Documentation of drug disposal

Current through Register Vol. 51, page 10, July 15, 2024
Legend drugs not controlled under SDCL chapter 34-20 B shall
				  be destroyed or disposed of by a nurse and another witness. Destruction or
				  disposal of medications controlled under SDCL chapter 34-20 B shall be
				  witnessed by two persons, both of whom are a nurse or pharmacist, as designated
				  by facility policy. Methods of destruction or disposal may include:
(1) Disposal by using a professional waste
				hauler to take the medications to a permitted medical waste facility or by
				facility disposal at a permitted municipal solid waste landfill. Prior to
				disposal all medications shall be removed from original containers and made
				unpalatable by the addition of adulterants and alteration of solid dosage forms
				by dissolving or combination into a solid mass;
(2) Return to the dispensing pharmacy for
				destruction or dispose according to federal and state regulations;
(3) Return to an authorized reverse
				distributor company licensed by the South Dakota Board of Pharmacy;
				or
(4) Release to patient upon
				discharge after authorization by the patient's prescribing practitioner.
Documentation of destruction or disposal of medications shall
				  be included in the patient's record. The documentation shall include the method
				  of disposition (destruction, disposal, return to pharmacy, or release to
				  patient); the medication name, strength, prescription number (as applicable),
				  quantity, and date of disposition; and the name of any person who witnessed the
				  destruction or disposal.
Medications, excluding those controlled under SDCL chapter
				  34-20 B, contained in unit dose packaging meeting the requirements of §
										20:51:13:02.01 may be returned to
				  the dispensing pharmacy for credit and redispensing.
Any medication held for disposal shall be physically
				  separated from the medications being used in the facility, locked with access
				  limited, in an area with a system to reconcile, audit, or monitor them to
				  prevent diversion.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:07 - Medication administration

Current through Register Vol. 51, page 10, July 15, 2024
Each medication administered shall be recorded in the
				  patient's medical record and signed by the person responsible. Medication
				  errors and drug reactions shall be reported to the patient's physician,
				  physician assistant, or nurse practitioner and an entry made in the patient's
				  medical record. Orders involving abbreviations and chemical symbols may be
				  carried out only if the facility has a standard list of abbreviations and
				  symbols approved by the medical staff or, in the absence of an organized
				  medical staff, by the medical director and the list is available to the nursing
				  staff. All medications shall be administered to patients by personnel acting
				  under delegation of a licensed nurse, or licensed to administer
				  medications.
A person may not administer medications that have been
				  prepared by another person, other than a pharmacist.
Medication administration shall comply with §§
									44:76:08:02 to
				  44:76:08:05, inclusive, and with
				  the requirements for training in §§ 20:48:04.01:14 and 20:48:04.01:15
				  and for supervision in § 20:48:04.01:02. The supervising nurse shall
				  provide an orientation to the unlicensed assistive personnel who will
				  administer medications. The orientation shall be specific to the facility and
				  relevant to the patients receiving administered medications.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:08 - Medication records

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration records shall be used and
				  regularly checked against the practitioner's orders. Each medication
				  administered shall be recorded in the patient's medical record and signed by
				  the individual responsible.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:07 - Medication control › Section 44:76:07:09 - Administration of facility pharmacy

Current through Register Vol. 51, page 10, July 15, 2024
The pharmaceutical service of each facility with a licensed
				  full or part-time pharmacy shall be directed by a licensed pharmacist
				  accountable to the administration of the facility. Only prepackaged drugs or a
				  single dose unit may be removed from the pharmacy when the pharmacist is not
				  available. These drugs may be removed only by a designated registered nurse or
				  physician, physician assistant, or nurse practitioner in amounts sufficient
				  only for immediate therapeutic needs. A record of such withdrawals shall be
				  made by the designated nurse or the physician, physician assistant, or nurse
				  practitioner making the withdrawal.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:01 - Medical record department

Current through Register Vol. 51, page 10, July 15, 2024
There shall be an organized medical record system. A medical
				  record shall be maintained for each level of care for each patient admitted to
				  the facility.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:02 - Medical record department staff

Current through Register Vol. 51, page 10, July 15, 2024
The medical record functions shall be performed by persons
				  trained and equipped to facilitate the accurate processing, checking, indexing,
				  filing, and retrieval of all medical records. The individual responsible for
				  the medical records service shall have knowledge and training in the field of
				  medical records.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:03 - Written policies and confidentiality of records

Current through Register Vol. 51, page 10, July 15, 2024
There shall be written policies and procedures to govern the
				  administration and activities of the medical record service. They shall include
				  policies and procedures pertaining to the confidentiality and safeguarding of
				  medical records, the record content, continuity of a patient's medical records
				  during subsequent admissions, requirements for completion of the record, and
				  the entries to be made by various authorized personnel.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:04 - Record content

Current through Register Vol. 51, page 10, July 15, 2024
Each medical record shall show the condition of the patient
				  from the time of admission until discharge and shall include the
				  following:
(1) Identification
				data;
(2) Consent forms, except in
				procedures determined emergencies;
(3) History of the patient;
(4) Any allergies and abnormal drug
				reactions;
(5) Entries related to
				anesthesia administration;
(6) A
				current overall plan of care;
(7)
				Report of the initial and periodic physical examinations, evaluations, and all
				plans of care with subsequent changes;
(8) Diagnostic and therapeutic
				orders;
(9) Progress notes from all
				disciplines;
(10) Laboratory and
				radiology reports;
(11) Description
				of treatments, diet, and services provided and medications
				administered;
(12) All indications
				of an illness or an injury, including the date, the time, and the action taken
				regarding each;
(13) An operative
				report with findings and techniques of the operation that include pre-operative
				and postoperative diagnosis; and
(14) Discharge diagnosis, including all
				discharge instructions for home care.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:05 - Authentication

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall ensure entries to the medical record timed,
				  dated and signed or electronically authenticated. If the facility permits any
				  portion of the medical record to be generated by electronic or optical means,
				  policies and procedures shall exist to prohibit the use of authentication by
				  unauthorized users.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:06 - Retention of medical records

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall retain medical records for a minimum of ten
				  years from the actual visit date of service or patient care. The retention of
				  the record for ten years is not affected by additional and future visit dates.
				  Records of minors shall be retained until the minor reaches the age of majority
				  plus an additional two years, but no less than ten years from the actual visit
				  date of service or patient care. The retention of the record for ten years is
				  not affected by additional and future visit dates.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical records, §
											44:76:08:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:07 - Storage of medical records

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for filing, safe storage, and easy
				  accessibility of medical records. The medical records shall be preserved as
				  original records or in other readily retrievable and reproducible form. Medical
				  records shall be protected against access by unauthorized individuals. All
				  medical records shall be retained by the health care facility upon change of
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Disposition of medical records on closure of facility or
					 transfer of ownership, §
											44:76:08:09.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:08 - Destruction of medical records

Current through Register Vol. 51, page 10, July 15, 2024
After the minimum retention period of ten years from the
				  actual visit date of care outlined in §
									44:76:09:06, the medical record
				  may be destroyed at the discretion of the health care facility. Before the
				  destruction of the medical record, the facility shall prepare and retain a
				  patient index or abstract. The patient index or abstract shall include:
(1) Name;
(2) Medical record number;
(3) Date of birth;
(4) Summary of visit dates;
(5) Attending or admitting physician;
				and
(5) Diagnosis or diagnosis
				code.
The facility shall destroy the medical record in a way that
				  maintains confidentiality.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:08 - Medical record services › Section 44:76:08:09 - Disposition of medical records on closure of facility or transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
If a facility ceases operation, the facility shall provide
				  for safe storage and prompt retrieval of medical records and the patient
				  indexes specified in §
									44:76:09:08. The facility may
				  arrange storage of medical records with another facility of the same licensure
				  classification, transfer medical records to another health care provider at the
				  request of the patient, relinquish medical records to the patient's parent or
				  legal guardian, 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 facility shall notify the department in writing indicating the
				  provisions for the safe preservation of medical records and their location and
				  publish in a local newspaper the location and disposition arrangements of the
				  medical records.
If ownership of the facility is transferred, the new owner
				  shall maintain the medical records as if there was not a change in
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical records, §
											44:76:08:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:09 - Diagnostic services › Section 44:76:09:01 - Laboratory services

Current through Register Vol. 51, page 10, July 15, 2024
Laboratory services performed in an ambulatory surgery
				  center shall be under the supervision of a qualified director or shall be done
				  by a laboratory that has a valid Clinical Laboratory Improvement Amendment
				  (CLIA) certificate. Laboratory examinations necessary for diagnosis and
				  treatment of the patient shall be performed in the facility or by arrangement.
				  Laboratory examinations required on facility admissions are determined by the
				  medical staff and bylaws. The original laboratory report shall be made a part
				  of the patient's medical record.
General Authority:
SDCL
					 34-12-13(11).
Law Implemented:
SDCL
					 34-12-13(11).
Note:
CLIA applications are obtained from the
					 South Dakota Department of Health, Office of Licensure and Certification, 615
					 East 4th Street, Pierre, SD 57501. Telephone (605)
					 773-3356, Division of Laboratory Standards and Performance, Health Standards
					 and Quality Bureau, Centers for Medicare/Medicaid Services, 7500 Security
					 Boulevard S- 2-11-07, Baltimore, MD 21244-1850. Telephone (410)-786-3531, or
					 online at www.phppo.cdc.gov/clia/default.osp [File Link Not
					 Available].
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:09 - Diagnostic services › Section 44:76:09:02 - Pathology services

Current through Register Vol. 51, page 10, July 15, 2024
Each laboratory shall have the services of a pathologist
				  available within the facility or by arrangement. Any tissue removed from a
				  patient shall be handled as outlined in facility policy. Pathology services by
				  arrangement shall be governed by written policies and procedures establishing
				  guidelines for the prompt transportation of specimens and submission of
				  reports.
General Authority:
SDCL
					 34-12-13(11).
Law Implemented:
SDCL
					 34-12-13(11).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:09 - Diagnostic services › Section 44:76:09:03 - Technical laboratory operations

Current through Register Vol. 51, page 10, July 15, 2024
Each laboratory shall have a policy and procedural manual
				  for each phase of operation. There shall be a quality control program to insure
				  the reliability of laboratory test data. Each item of diagnostic test equipment
				  shall be routinely checked and shall be precise in terms of calibration as
				  shown by records maintained in the laboratory.
General Authority:
SDCL
					 34-12-13(11).
Law Implemented:
SDCL
					 34-12-13(11).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:09 - Diagnostic services › Section 44:76:09:04 - Blood transfusion services

Current through Register Vol. 51, page 10, July 15, 2024
Each facility providing transfusion services shall provide
				  facilities and equipment for the procurement, storage, and administration of
				  blood products. Blood, blood products, and equipment required for their
				  administration shall be provided to meet the needs of the patients. The
				  transfusion service shall be under the supervision of the medical staff. There
				  shall be written policies and procedures regarding administration of blood
				  products, as well as the investigation of possible transfusion
				  reactions.
General Authority:
SDCL
					 34-12-13(11).
Law Implemented:
SDCL
					 34-12-13(11).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:09 - Diagnostic services › Section 44:76:09:05 - Diagnostic x-ray services

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be able to provide or arrange with an
				  outside service for the provision of diagnostic radiology services in
				  connection with surgery to be performed. Safety and sanitation procedures as
				  required by the department for the radiological service which will protect the
				  patient and the radiological worker shall be established and enforced. There
				  shall be a quality control program with records maintained in the
				  facility.
General Authority:
SDCL
					 34-12-13(11).
Law Implemented:
SDCL
					 34-12-13(11).
Radiation safety, art
					 44:03.