reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:15.02 - Employment screening

Current through Register Vol. 51, page 10, July 15, 2024
Each provider must have a policy that addresses criminal background
	 checks, felony convictions, and drug screenings for any new and current
	 employees that provide direct service to participants. The policy must include
	 the following:
(1) A description of
  the system used for background checks;
(2) A description of felony conviction checks
  for new and current employees utilizing the Office of Inspector General;
  and
(3) A description of drug
  screening pursuant to SDCL
  27B-1-19.
A copy of the policy must be provided to each employee and any
	 screening results shall be maintained in the employee's file.
General Authority:
SDCL
		27B-2-26(1).
Law Implemented:
SDCL
		27B-1-19,
		27B-2-26(1).
Drug screening policy for community support providers, SDCL
		27B-1-19.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:15.03 - Case manager orientation

Current through Register Vol. 51, page 10, July 15, 2024
The provider of case management services shall ensure that all
	 employees responsible for providing supports and services to individuals are
	 trained on the minimum requirements necessary to address the individual's
	 needs. The training and documentation requirements are as follows:
(1) Before a case manager performs case
  management duties to the participant, initial orientation requirements are as
  follows:
(a) Orientation to the case
  management provider and its policies;
(b) The provider's philosophy and
  mission;
(c) Disability
  awareness;
(d) Techniques of
  identifying and observing signs of abuse, neglect, and exploitation;
(e) Procedures used in investigating and
  documenting alleged instances of abuse, neglect, and exploitation;
(f) Procedures used to report alleged
  instances of abuse, specifically to whom allegations should be reported, and
  reporting deadlines;
(g) Emergency
  procedures concerning fire prevention, accident prevention, and response to
  emergencies; and
(h) Employee's
  specific duties and position; and
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:01 - ISP team - Composition

Current through Register Vol. 51, page 10, July 15, 2024
The following individuals shall have the opportunity to participate in
	 the development of the ISP:
(1) The
  participant;
(2) The participant's
  parent if the participant is under 18 years of age;
(3) The participant's guardian, advocate,
  and/or conservator, if any;
(4) The
  participant's case manager;
(5)
  Direct HCB services staff; and
(6)
  Any other individual desired by the participant.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:01.01 - ISP time frames

Current through Register Vol. 51, page 10, July 15, 2024
From the date of the initiation of waiver services for a participant
	 the case manager shall:
(1) Identify
  the ISP team within 15 calendar days;
(2) Complete the ISP within 30 calendar days;
  and
(3) Implement the ISP within 45
  calendar days.
Prior to the development of the ISP, all pertinent information
	 including assessments pursuant to §
										46:11:05:01.02, and any previous
	 ISP developed by another agency, must be considered in terms of relevance to
	 the participant's current needs and preferences.
The ISP team shall meet to review and revise the ISP within 365 days of
	 the initial ISP and annually thereafter. The ISP meeting shall be held beyond
	 the 365 days when circumstances warrant. The case manager shall document the
	 reason for exceeding the time requirement. The case manager must provide a ten
	 calendar day advance notice prior to the initial ISP meeting and a thirty
	 calendar day notice prior to the annual ISP meeting to all team members. The
	 participant or other member of the ISP team may request a team meeting at any
	 time. Any ISP revisions must be implemented within 44 30 calendar days of the
	 annual ISP meetings or any ISP team meeting.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:01.02 - ISP participation

Current through Register Vol. 51, page 10, July 15, 2024
The ISP team meeting shall be scheduled and conducted in a manner
	 which facilitates the active participation of all team members. The case
	 manager shall encourage the participant to choose the location of the meeting
	 and shall document how the participant was involved in the planning and
	 facilitation of the ISP meeting and plan development. If the participant is
	 unable or unwilling to participate in the meeting, the case manager shall
	 document the source of input on the participants behalf.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:02 - Assessments

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 calendar days after initiation of services and at least
	 annually thereafter, the participant and the case manager shall review
	 assessment information and identify when an updated assessment is
	 necessary.
(1) The initial and annual
  ISP team shall document the results of the assessment review;
(2) If assessment updates cannot be completed
  prior to the initial or annual ISP meeting then the reason why and scheduled
  date of the assessment shall be documented in the ISP; and
(3) The case manager will assign, review, and
  approve the following assessments, unless there is documented evidence that the
  assessment is unnecessary:
(a) A physical
  examination performed by a licensed physician or a specially trained
  physician's assistant or nurse practitioner who is supervised by a licensed
  physician;
(b) An analysis of
  medication including psychotropic medications and any interactions, as
  documented by the behavior support committee and behavior intervention
  committee;
(c) A dental examination
  that includes assessment of oral hygiene practices;
(d) A social evaluation that includes a
  social and developmental history, delineation of the type and frequency of
  social interactions, and descriptions of the participant's social support
  network;
(e) A personal outcome
  assessment to identify and prioritize each participant's preferences;
(f) A psychological evaluation by a qualified
  examiner that includes an assessment of the participant's emotional and
  intellectual status;
(g) An
  assessment of adaptive behavior or independent living skills that includes
  functional assessment of skills in the areas of mobility and personal health
  care;
(h) A developmental,
  educational, or vocational evaluation;
(i) A medication and immunization history
  documented through interviews and a review of records from previous
  placements;
(j) Nutritional,
  vision, auditory, speech, and language screenings;
(k) Physical and occupational therapy
  evaluations;
(l) An assistive
  technology assessment; and
(m) A
  safety assessment that addresses the participant's safety risks in the areas of
  environment, health, and personal vulnerability.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:03 - ISP

Current through Register Vol. 51, page 10, July 15, 2024
The ISP shall include documentation of the following:
(1) The participant's vision of a good life
  including:
(a) People, places, experiences,
  and possessions which bring satisfaction, joy, and contentment to the
  participant; and
(b) Supports which
  promote the participants health, safety, and role as a valued member of the
  community;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:05 - Case manager

Current through Register Vol. 51, page 10, July 15, 2024
Each participant must have a designated conflict-free case
	 manager.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:05.01 - Case manager responsibilities - Quarterly ISP assessment

Current through Register Vol. 51, page 10, July 15, 2024
The case manager shall coordinate the ISP initially and annually. The
	 case manager shall be responsible to complete a quarterly review of the ISP.
	 The quarterly ISP review shall include information in the following
	 areas:
(1) Monitoring and coordination
  of implementation of the ISP;
(2)
  Observation and documentation of the services as described in §
									46:11:08:01 and any necessary
  intervention to ensure the appropriate delivery of ISP services and necessary
  revisions of the ISP;
(3) Review of
  all instances of abuse, neglect, or exploitation;
(4) Review of the participant's health and
  safety;
(5) Monitoring of the
  participant's progress toward goals or changes to the participant's health,
  safety, restrictive procedures, or behavior support plans;
(6) Review of all pertinent
  information;
(7) Documentation of
  the participant's involvement in the ISP quarterly monitoring process;
  and
(8) Documentation of the date
  completed and by whom;
The case manager shall provide the written quarterly review within 15
	 calendar days of the review to the ISP team and document the outcome of the
	 review and any recommendations regarding the status of the
	 ISP.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:05.02 - Behavior support plan policy

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services shall have a policy approved by
	 the division that addresses behavior support plans. This policy shall include
	 the following requirements:
(1)
  Compliance with the requirements in SDCL
  27B-8-51,
  27B-8-52,
  27B-8-53,
  27B-8-54, and
  27B-8-55, including, but not
  limited to completing a functional behavioral analysis, shall be met prior to
  implementing the behavior support plan;
(2) Implementation and documentation of
  positive behavioral approaches prior to approving and implementing more
  restrictive procedures;
(3)
  Implementation of behavioral supports by staff with prior training and
  demonstrated competency;
(4) A
  participant only receives the amount of behavior and chemical intervention
  necessary to prevent harm to the participant or others;
(5) The behavior support plan documents that
  the severity of the behavior justifies incorporating highly restrictive
  procedures;
(6) The technical
  aspects of highly restrictive procedures are reviewed prior to
  implementation;
(7) Highly
  restrictive procedures are regularly reviewed for any adverse
  effects;
(8) Participants may not
  be subjected to highly restrictive procedures or punishment for the convenience
  of staff or in lieu of a behavior support plan;
(9) Due process, which includes review by the
  human rights committee, the behavior support committee, appeal through the
  provider of direct HCB services grievance process, and consent of the
  participant or the participant's legally authorized representative, prior to
  implementation; and
(10) The ISP
  team's consensus that the benefit of any highly restrictive procedures outweigh
  any harmful side effects shall be documented in the participant's
  ISP.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-51,
		27B-8-52,
		27B-8-53,
		27B-8-54,
		27B-8-55.
Use of aversive intervention techniques prohibited, SDCL
		27B-8-51.
Restriction or suspension of rights only after due process, SDCL
		27B-8-52.
Use of restraints, SDCL
		27B-8-53.
Behavior intervention programs -- Prerequisites to implementation,
		SDCL 27B-8-54.
Highly restrictive procedures -- Limitations on use, SDCL
		27B-8-55.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:06 - Highly restrictive procedures

Current through Register Vol. 51, page 10, July 15, 2024
Highly restrictive procedures include physical or chemical
	 intervention, medications to manage behavior, time-out, or other techniques
	 with similar degrees of restriction or intrusion.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:06.01 - Policy for highly restrictive procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services shall have a policy addressing
	 the use of highly restrictive procedures. The policy shall include:
(1) Procedures to ensure compliance with SDCL
  27B-8-51,
  27B-8-52,
  27B-8-53,
  27B-8-54, and
  27B-8-55;
(2) A description of the ISP team's process
  including plan development, identifying the most appropriate highly restrictive
  procedure for the participant's needs and restoration plan, and consent by the
  participant, or the participant's parent if the participant is under 18 years
  of age, or the participant's guardian, if any;
(3) A procedure for the participant, or the
  participant's parent if the participant is under 18 years of age, or the
  participant's guardian, if any, to review, approve, and appeal the highly
  restrictive procedure;
(4) The
  human rights committee and behavior support committee review and approve the
  procedure prior to implementation and at least every six months
  thereafter;
(5) A description of
  circumstances under which a time-out may be used, the maximum time it may be
  used, and the procedures to be followed;
(6) A requirement that the participant's plan
  include timelines for notifying the participant's parent if the participant is
  under 18 years of age, or the guardian, if any, when a highly restrictive
  procedure is used;
(7) A
  requirement to address emergency rights restriction pursuant to §
									46:11:03:09, including time-lines
  of team meetings and review by the human rights committee and the behavior
  support committee; and
(8)
  Procedures to ensure regular oversight of implementation and staff
  training.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-52,
		27B-8-56.
Behavior support committee, §
											46:11:05:12.
Human rights committee -- Composition, §
											46:11:05:13.
Use of aversive intervention techniques prohibited, SDCL
		27B-8-51.
Restriction or suspension of rights only after due process, SDCL
		27B-8-52. Use of restraints, SDCL
		27B-8-53.
Highly restrictive procedures -- Limitations on use, SDCL
		27B-8-55.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:06.02 - Prone restraint prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A prone restraint is defined as a position that includes the
	 participant being facedown. Any restraint that fits this definition or impedes
	 a participant's breathing is prohibited.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:07 - Time-out

Current through Register Vol. 51, page 10, July 15, 2024
A time-out refers to a highly restrictive procedure in which the
	 participant is denied egress from an enclosed area when exhibiting a problem
	 behavior . A time-out shall follow the criteria in § 46:11:05:06:01 and
	 shall meet the following requirements:
(1) Provider staff shall provide continuous
  observation of the participant;
(2)
  A time-out shall not occur in an enclosed area that may be locked with a key
  ;
(3) Provider staff shall have
  immediate access to the participant;
(4) The use of a designated time-out room is
  prohibited; and
(5) A time-out may
  only be used as part of a behavior support plan approved by both the human
  rights and behavior support committees.
A time-out may not be used in a punitive fashion. Each use of a
	 time-out may not exceed 15 minutes. If after 15 minutes, the participant
	 continues to exhibit a problem behavior that poses a threat to the participant
	 or others, the use of a time-out may continue for another 15 minutes. The
	 maximum amount of time a participant may be in timeout shall not exceed one
	 continuous hour. The provider shall document any use of the
	 time-out.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-52,
		27B-8-56.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:09 - Chemical intervention

Current through Register Vol. 51, page 10, July 15, 2024
Any medication used with a behavior support plan pursuant to §
									46:11:05:05.02 or any medication
	 prescribed to manage behavior on an as needed basis shall be considered highly
	 restrictive and shall meet the criteria set forth in §
									46:11:05:06.01.
Medications used in conjunction with a behavior support plan shall
	 require:
(1) The human rights
  committee and behavior support committee of the provider of direct HCB services
  to review and approve medications prior to administration and at least every
  six months thereafter; and
(2) The
  participants ISP shall include documentation of the teams consensus that the
  benefits of any medication prescribed for behavior management outweighs any
  harmful side effects and those side effects shall be documented in
  non-technical terms as well as a plan for reduction or elimination of the
  medication.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:09.01 - Use of psychoactive medications

Current through Register Vol. 51, page 10, July 15, 2024
The participant shall have protections through the human rights
	 committee of the provider of direct HCB services for the use of all
	 psychoactive medications. Psychoactive medications shall be reviewed annually
	 by the human rights committee of the provider of direct HCB services and when
	 there is a change in dosage or type of medication.
The participants ISP shall include documentation of the teams consensus
	 that the benefits of any psychoactive medication prescribed as either treatment
	 or stabilization or both of psychiatric condition outweigh any harmful side
	 effects and include a plan for reduction or elimination of the psychoactive
	 medication. Any side effects shall be documented in non-technical
	 terms.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:09.02 - Medications for Sedation

Current through Register Vol. 51, page 10, July 15, 2024
Any use of medication that sedates the participant before a medical or
	 dental procedure must have the following documentation:
(1) Order from the doctor or dentist
  requiring the medication;
(2)
  Informed written consent from the participant, the participants parent if the
  participant is under 18 years of age, or the participants guardian, if
  any;
(3) Documentation of review by
  a quorum of the human rights committee prior to administration of the
  medication to ensure proper application of the medication; and
(4) Documentation of the participants ISP
  team consensus, that benefits of the medication outweigh risks, as well as a
  plan for reduction or elimination of the medication.
Medications administered by a physician or dentist at the site of the
	 medical or dental procedure are not required to meet the requirements of this
	 section.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4),
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:12 - Behavior support committee

Current through Register Vol. 51, page 10, July 15, 2024
Providers of direct HCB services must have a behavior support
	 committee, that is appointed and selected by the provider of direct HCB
	 services, which reviews the technical adequacy of and approves all behavior
	 support plans which use any of the highly restrictive procedures listed in
	 §
									46:11:05:06.
The behavior support committee must be composed of a person with
	 experience or training regarding behavior support and a physician, pharmacist,
	 or other professional qualified to evaluate proposals for the use of
	 medications to manage behavior. The behavior support committee must be provided
	 with training in the effectiveness of behavior support techniques, the mission
	 and philosophy of the provider of direct HCB services, behavior changing
	 medication, and disability awareness.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:13 - Human rights committee - Composition

Current through Register Vol. 51, page 10, July 15, 2024
Providers of direct HCB services must have a human rights committee or
	 participate in a multiagency committee which ensures that each participant's
	 rights are supported. The committee's membership is appointed and selected by
	 the providers of direct HCB services and its composition must meet the
	 following criteria:
(1) Committee
  membership must include at least one participant or a participant's
  representative;
(2) At least
  one-third of the committee's members may not be affiliated with the provider of
  direct HCB services; and
(3) At
  least one member of the committee must have training or experience with issues
  and decisions regarding human rights.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:14 - Human rights committee - Procedures

Current through Register Vol. 51, page 10, July 15, 2024
The human rights committee must use the following procedures:
(1) Review and approve or disapprove all
  behavior support plans which use any of the highly restrictive procedures
  listed in §
									46:11:05:06 prior to
  implementation. The review must ensure the opportunity for the informed consent
  of and participation by the participant, the participant's parent if the
  participant is under 18 years of age, or the participant's guardian, if any, or
  advocate in the development of highly restrictive procedures;
(2) Review and approve or disapprove all
  behavior support plans which use any highly restrictive procedure listed in
  §
									46:11:05:06 at least every six
  months;
(3) Review each
  participant's restrictions of rights and restoration plan pursuant to
  §§
									46:11:03:08 and
  46:11:03:10;
(4) Review and approve the provider of direct
  HCB services policies, procedures, and practices in limiting rights of
  participant's;
(5) Be provided with
  training in individual rights, disability awareness, and the philosophy and
  mission of the provider of direct HCB services when a new member is
  appointed;
(6) Make a determination
  within 30 calendar days upon receipt of any requests for appeal of any rights
  restriction by a participant, the participant's parent, the participant's
  guardian or conservator, if any; and
(7) Any highly restrictive procedure or
  rights restriction implemented, due to the participant exhibiting behaviors
  that may endanger self or others, shall be reviewed by no less than a quorum of
  the human rights committee. A quorum consists of a minimum of fifty percent of
  the human rights committee members participating in the meeting and one of
  those members may not be an affiliated member of the provider of direct HCB
  services.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:14.01 - Combined human rights and behavior support committee

Current through Register Vol. 51, page 10, July 15, 2024
A provider of direct HCB services may establish a single committee
	 composed of members meeting the requirements of §§
									46:11:05:12 and
	 46:11:05:13 and shall meet the
	 responsibilities of §§
									46:11:05:12 and
	 46:11:05:14.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:15 - Time alone

Current through Register Vol. 51, page 10, July 15, 2024
For each participant receiving continuous 24 hours per day support
	 services, the participant and their ISP team must determine and document within
	 the ISP the estimated amount of time the participant may be left unsupervised.
	 A staff member must be on duty when supervision of the participant is
	 required.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:05 - Service standards › Section 46:11:05:16 - Accessing staff assistance

Current through Register Vol. 51, page 10, July 15, 2024
Each provider must have a policy which specifies how participants can
	 access staff assistance when they are unsupervised. Assessment and training in
	 accessing on-call staff and emergency services must be provided to each
	 participant as indicated by each participant's needs and documented in the
	 ISP.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:01 - Safety and sanitation plan

Current through Register Vol. 51, page 10, July 15, 2024
Each provider must have a health, safety, sanitation, and disaster
	 plan approved by the division which ensures the health and safety of the
	 participants. The plan shall include:
(1) Specific procedures for responding to
  medical emergencies;
(2) Procedures
  for responding to missing participants;
(3) Procedures for responding to fire and
  natural disasters, including evacuation plans, training, and regularly
  scheduled drills;
(4) Procedures to
  ensure that equipment is properly installed and maintained and that staff and
  participants operating the equipment are trained;
(5) Procedures to ensure that staff and
  participants are free from communicable disease and receive follow-up as
  recommended by the South Dakota Department of Health if diagnosed with any
  reportable communicable disease pursuant to chapter 44:20;
(6) Procedures to notify the division of any
  staff diagnosed with a reportable communicable disease once the provider
  becomes aware of the diagnosis; and
(7) Procedures to ensure sanitation of all
  settings in which services are provided.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26.
Communicable disease control, chapter 44:20; Critical incident
		reports Submission to the division, §
											46:11:03:02.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:02 - Life safety codes

Current through Register Vol. 51, page 10, July 15, 2024
For each building the provider of direct HCB services owns or leases,
	 the provider of direct HCB services must be in compliance with the applicable
	 fire safety standards in the 2000 edition of the
Life Safety Code
.
	 Each provider of direct HCB services shall use fire drills to determine
	 evacuation capability. Each provider of direct HCB services shall conduct six
	 fire drills each year for each residential building that it owns or leases. At
	 least two of the six fire drills shall be conducted during the night when
	 participants are sleeping. Each provider of direct HCB services shall conduct a
	 fire drill within 30 calendar days of a new participant moving into a
	 residential facility. The provider of direct HCB services shall document the
	 following:
(1) Time taken to reach the
  point of safety;
(2) Date and time
  of day the drill occurred;
(3)
  Location of simulated fire origin;
(4) Escape paths used; and
(5) Comments relating to participants who
  resisted or failed to participate in the drill.
At least one fire drill shall be conducted every month for each
	 provider of direct HCB services day habilitation facility. During severe
	 weather the monthly fire drills may be deferred as long as the total number of
	 fire drills per year are achieved.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
Life Safety Code 101
, National Fire Protection
		Association, 2000 edition. Copies may be obtained from the National Fire
		Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA
		02269-9904. Cost: $75.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:04 - Maximum capacity for group homes

Current through Register Vol. 51, page 10, July 15, 2024
No more than eight participants may reside in a group home that is
	 owned or leased by a provider of direct HCB services after July 1,
	 2000.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:05 - Minimum space requirements of classrooms, day habilitation, and shops

Current through Register Vol. 51, page 10, July 15, 2024
A minimum of 20 square feet of classroom or day habilitation area or 50
	 square feet of area in shops and similar vocational rooms is required for each
	 participant.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:06 - Bedroom capacity

Current through Register Vol. 51, page 10, July 15, 2024
Bedrooms in homes may accommodate from one to two participants. Each
	 home a provider of direct HCB services leases or constructs after November 1,
	 2013, shall have at least 100 square feet per participant for a home with a
	 single sleeping room and at least 75 square feet per participant for a home
	 with multiple sleeping rooms, excluding lease renewals prior to this date.
	 Additional space shall be provided for bedside assistance and use of
	 wheelchairs. If a provider of direct HCB services constructs new residential
	 homes for participants, the homes must consist of single occupancy
	 bedrooms.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:07 - New construction or remodeling

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services shall submit plans to the
	 division for approval of any new construction or remodeling of any existing
	 structures owned by the provider of direct HCB services. These plans must show
	 the general arrangement of the building and the intended purpose and the fixed
	 equipment for each room. Newly constructed or remodeled physical facilities may
	 not be used by participants until approval is obtained from the
	 division.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:08 - Team approval for safe environments

Current through Register Vol. 51, page 10, July 15, 2024
Each participant's ISP team shall determine and document during the
	 development of the ISP that the participant's living and work environments meet
	 minimum safety requirements pursuant to this chapter. If unsafe conditions are
	 identified, the ISP team shall develop a plan which will immediately rectify
	 the situation to ensure that the participant is safe. The division may require
	 the ISP team that has approved a participant's environment as safe to reconvene
	 and reconsider its determination.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:09 - Physical facility standards

Current through Register Vol. 51, page 10, July 15, 2024
The following standards apply to each building that the provider owns
	 or leases:
(1) Hot and cold water must
  be supplied through a mixing faucet to all lavatories, showers, or tubs.
  Maximum water temperatures may not exceed 120 degrees Fahrenheit;
(2) The water heater must be capable of
  providing a continuous supply of water heated to 120 degrees Fahrenheit during
  peak periods of hot water usage. The hot water supply system must be large
  enough to meet the peak hot water demands of the facility;
(3) Any food service area must have light
  fixtures that contain shielded or shatterproof bulbs;
(4) Food must be free from spoilage, filth,
  or other contamination and must be safe for human consumption;
(5) The use of home canned food is
  prohibited;
(6) Food must be
  protected at all times from potential contamination, including dust, insects,
  rodents, unclean equipment and utensils, unnecessary handling, coughs, sneezes,
  flooding, drainage, and overhead leakage or dripping from
  condensation;
(7) The temperature
  of potentially hazardous foods as defined in §
									44:02:07:20 must be 41 degrees
  Fahrenheit or below or 140 degrees Fahrenheit or above at all times except as
  otherwise provided in this chapter;
(8) Effective measures must be taken to
  minimize the presence of rodents, flies, cockroaches, and other insects on the
  premises. The premises must be maintained so as to prevent the harborage or
  feeding of insects or rodents;
(9)
  All parts of the facility must be kept clean, neat, and free of litter and
  rubbish;
(10) The facility must
  meet the linen requirements in §
									44:73:03:01;
(11) Garbage and refuse must be kept in
  durable, easily cleanable, insect-proof and rodent-proof containers that do not
  leak and do not absorb liquids;
(12) Carpeting, walls, and ceilings must be
  maintained in good repair; and
(13)
  The provider shall ensure that the fire extinguishers are inspected annually by
  the inspection company.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
General food protection, §
											44:02:07:20.
Linen, §
											44:73:02:09.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:10 - Food storage

Current through Register Vol. 51, page 10, July 15, 2024
For each building that the provider of direct HCB services owns or
	 leases, the following are general requirements for food storage:
(1) Food, whether raw or prepared, if removed
  from the container or package in which it was obtained, must be stored in a
  clean, covered container except during necessary periods of preparation or
  service. Container covers must be impervious and nonabsorbent except that
  linens or napkins may be used for lining or covering bread or roll
  containers;
(2) Containers of food
  must be stored a minimum of six inches above the floor in a manner that
  protects the food from splash and other contamination and that permits easy
  cleaning of the storage area;
(3)
  Metal pressurized beverage containers and cased food packaged in cans, glass,
  or other waterproof containers need not be elevated when the food container is
  exposed to floor moisture;
(4)
  Food and containers of food may not be stored under exposed or unprotected
  sewer lines or water lines except for automatic fire protection sprinkler heads
  that may be required by law. The storage of food in toilet rooms or vestibules
  is prohibited;
(5) Food not subject
  to further washing or cooking before serving must be stored in a way that
  protects it against cross-contamination from food requiring washing or cooling;
  and
(6) Unless its identity is
  unmistakable, bulk foods such as cooking oil, syrup, salt, sugar, or flour not
  stored in the product container or package in which it was obtained must be
  stored in a container identifying the food by its common name.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:11 - Cleaning and sanitizing kitchen equipment

Current through Register Vol. 51, page 10, July 15, 2024
For each building the provider of direct HCB services owns or leases,
	 any kitchen equipment and utensils must be cleaned, rinsed, and sanitized after
	 each use as provided in §
									44:02:07:56 or
	 44:02:07:58. Utensils and
	 equipment must be air dried. Kitchenware and food contact surfaces of equipment
	 must be washed, rinsed, and sanitized by washing with a solution ratio of
	 one-quarter ounce or one and one-half teaspoon of household bleach to one
	 gallon of water, or the equivalent of any sanitizer purchased in place of the
	 bleach, and approved by the division. Sanitize dining tables and other surfaces
	 after each use and following any interruptions of operations during which
	 contamination might have occurred to keep the equipment free of accumulations
	 of dust, dirt, food particles, and other debris.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
Manual cleaning and sanitizing requirements, §
											44:02:07:56; Mechanical cleaning
		and sanitizing requirements, §
											44:02:07:58.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:12 - Kitchen equipment and utensil handling

Current through Register Vol. 51, page 10, July 15, 2024
For each building the provider of direct HCB services owns or leases,
	 cleaned and sanitized kitchen equipment and utensils must be handled in a way
	 that protects them from contamination. Spoons, knives, and forks must be
	 touched only by their handles. Cups, glasses, bowls, plates, and similar items
	 must be handled without contact with inside surfaces or surfaces that contact
	 the user's mouth.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:13 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
For each building the provider of direct HCB services owns, the
	 division may direct a provider of direct HCB services to remove or correct
	 other hazardous conditions not covered in this chapter if the division
	 considers the conditions to have the potential to cause injury or illness to
	 participants or staff.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:14 - Personal cleanliness

Current through Register Vol. 51, page 10, July 15, 2024
If a provider of direct HCB services provides food preparation
	 services, anyone involved with the food preparation shall thoroughly wash their
	 hands and the exposed portions of their arms with soap and warm water before
	 starting and as often as necessary during the food preparation to keep them
	 clean. They shall also wash after smoking, eating, drinking, or using the
	 toilet. They shall keep their fingernails and outer clothing
	 clean.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:06 - Safety, sanitation, and physical facilities standards › Section 46:11:06:15 - Monitor participant safety

Current through Register Vol. 51, page 10, July 15, 2024
The provider of direct HCB services shall document all incidents,
	 injuries, and medication errors that impact the health, safety, and welfare of
	 each participant. The documentation shall include the location of the incident,
	 injury or medication error, and level of staff and medical personnel
	 involvement. The provider of direct HCB services shall maintain a log of all
	 participant incidents, injuries, and medication errors.
The provider of direct HCB services shall collect, document and submit
	 to the division, at least annually the findings of the data
	 analysis.
General Authority:
SDCL
		27B-2-26(5).
Law Implemented:
SDCL
		27B-2-26(5).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Controlled substances," any drug or
  chemical whose possession and use are regulated under the Federal Controlled
  Substances Act of 1970;
(2)
  "Gastrostomy," the surgical creation of a gastric fistula through the abdominal
  wall with insertion of a tube;
(3)
  "Jejunostomy," the surgical creation of an opening into the jejunum;
(4) "Medication administration training," the
  provision of a medication administration training curriculum under the
  supervision of a licensed registered nurse;
(5) "Nasogastric tube," a tube which is
  inserted nonsurgically through the nose and extends into the stomach;
(6) "Parenteral route of administration," the
  administration of medication by injection including interdermal subcutaneous,
  intramuscular, or intravenous injection;
(7) "Supervision," monitoring by a licensed
  registered nurse.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:02 - Medication administration defined

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration is the administration of medications, other
	 than by the parenteral route or nasogastric tube, under the supervision of a
	 licensed registered nurse. The steps in medication administration
	 include:
(1) Removing an individual
  dose from a previously dispensed, labeled container, including a unit dose
  container;
(2) Verifying dose with
  the physician's order or medication administration record;
(3) Giving the individual dose to whom it is
  prescribed; and
(4) Documenting the
  time, person's name giving the dose, and the dose given.
A copy of a physician's order or prescription for each medication being
	 administered must be kept at the provider of direct HCB
	 services.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:03 - Delegation defined

Current through Register Vol. 51, page 10, July 15, 2024
Delegation is the transfer of the authority to perform a specific
	 nursing or medication administration task from a licensed registered nurse to a
	 provider of direct HCB services employee pursuant to §§
	 20:48:04.01:01, 20:48:04.01:02, and 20:48:04.01:07.
The trained provider of direct HCB services employee may only perform
	 the nursing task or medication administration task for a specific participant
	 through delegation. The trained provider of direct HCB services employee may
	 not re-delegate a delegated task.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
General criteria for delegation, § 20:48:04.01:01.
Supervision, § 20:48:04.01:02.
Nursing tasks that may not be delegated, §
		20:48:04.01:07.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:04 - Registered nurse - Proof of licensure

Current through Register Vol. 51, page 10, July 15, 2024
The registered nurse providing delegation and supervision to
	 non-licensed trained staff employed by the provider of direct HCB services must
	 be licensed pursuant to chapter 20:48:03. The provider of direct HCB services
	 must document verification with the Board of Nursing to determine that a nurse
	 is actively licensed or has privilege to practice in the state of South
	 Dakota.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
Licensing and licenses, chapter
		20:48:03.