reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:11 - Construction standards › Section 44:76:11:32 - Submittal of plans and specifications

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications for new construction shall be
				  submitted to the department for evaluation of function and fire protection
				  including concealed spaces. The department's approval shall be obtained before
				  beginning construction. Modification during construction shall be submitted to
				  the department for review and shall be approved prior to the modification. A
				  written narrative describing the intended use of the proposed construction
				  shall accompany the plans and specifications.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:11 - Construction standards › Section 44:76:11:33 - Pipe requirements

Current through Register Vol. 51, page 10, July 15, 2024
All piping systems for potable water shall be installed to
				  eliminate any dead-end runs of piping. Before placing potable water systems in
				  service, the piping system shall be disinfected in accordance with the South
				  Dakota Plumbing Commission standards in article 20:54 and certification shall
				  be available from the installer showing the method used, date, test procedure
				  used to verify chlorine concentrations, and date the system was flushed and
				  placed in service.
Pipe covering, vapor barriers, and adhesives used for
				  applying them shall have a flame spread of not more than 25 and a smoke
				  emission factor of not more than 50 when tested in accordance with the
NFPA 101 Life Safety Code,
2012 edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 101 Life Safety Code,
2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:11 - Construction standards › Section 44:76:11:34 - Detached structures

Current through Register Vol. 51, page 10, July 15, 2024
A detached structure or auxiliary building used for
				  combustible storage or vehicle parking built adjacent to, but not directly
				  attached to, a health care facility shall either be separated from the facility
				  by a minimum distance of 20 feet, provided with two-hour fire rated separation,
				  or equip structure with a complete automatic sprinkler
				  system.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
Fire safety code requirements, §
											44:76:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:01 - Application of standards

Current through Register Vol. 51, page 10, July 15, 2024
The construction standards in this chapter apply to all new
				  facilities and to alterations, additions, and changes in space use to existing
				  facilities.
General Authority:
SDCL
					 34-1-17(4) and
					 (5),
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:02 - Surgical suites

Current through Register Vol. 51, page 10, July 15, 2024
The number of operating rooms shall be based on the expected
				  surgical workload. The surgical suite shall be located to prevent through
				  traffic. A recovery room with charting space, medication storage and
				  preparation space, and a clinical sink is required.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:03 - Service areas in surgical suite

Current through Register Vol. 51, page 10, July 15, 2024
The size of the service areas in each surgical suite depends
				  on the surgical workload. Each surgical suite shall include the following
				  service areas:
(1) A surgical
				supervisor station;
(2) Sterilizing
				facilities near the operating room with high speed autoclave;
(3) Facilities for storage and preparation of
				medication;
(4) Scrub-up facilities
				located adjacent to operating rooms;
(5) Soiled workroom containing a work counter
				clinical sink, hand sink, waste receptacle, and soiled linen
				receptacles;
(6) Storage for
				sterile and unsterile supplies, which may be in a clean workroom;
(7) Storage room or cabinet for anesthetic
				agents;
(8) Nitrous oxide and
				oxygen facilities with storage room if these services are not piped
				in;
(9) Clean work area for storage
				and assembly of supplies containing counter and sink;
(10) Equipment storage area for surgical and
				monitoring equipment;
(11) Floor
				receptor or service sink and storage for housekeeping supplies and
				equipment;
(12) Clothing change
				areas, lockers, and toilet rooms for doctors, nurses, technicians, and other
				personnel;
(13) Holding area for
				patients in facilities with two or more operating rooms; and
(14) Stretcher alcove.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:04 - Diagnostic imaging suite

Current through Register Vol. 51, page 10, July 15, 2024
The diagnostic imaging suite shall contain:
(1) One or more radiographic rooms with
				necessary radiation protection;
(2)
				A film processing room, if required;
(3) A film filing room;
(4) Toilet room adjoining each fluoroscopy
				and ultrasound room;
(5) Dressing
				area for ambulatory patients;
(6)
				Holding area for stretcher patients;
(7) Waiting space; and
(8) An office with film viewing
				facilities.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:05 - Laboratory suite

Current through Register Vol. 51, page 10, July 15, 2024
Clinical laboratory facilities and equipment consistent with
				  the needs of the patients shall be provided. Handwashing fixtures shall be
				  provided and equipped with faucets which can be operated without the use of
				  hands.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:06 - Pharmacy or drug room

Current through Register Vol. 51, page 10, July 15, 2024
The pharmacy or drug room shall be well ventilated and have
				  a locking door. The pharmacy or drug room shall be sized for the distribution
				  system used and shall have a work counter with sink, a separate locked and
				  fastened compartment or room for the storage of controlled substances,
				  refrigerated and frozen storage spaces, and other approved storage for drugs.
				  If additive injectables are prepared, a sterile products area shall be
				  provided. The work space shall be well illuminated. Emergency power shall be
				  provided for essential services. Heating, ventilation, and air conditioning
				  services shall be provided to maintain the temperature of the room between 59
				  degrees Fahrenheit (15 degrees centigrade) and 86 degrees Fahrenheit (30
				  degrees centigrade).
General Authority:
SDCL
					 34-12-13(1), (3), (4) and
					 (9).
Law Implemented:
SDCL
					 34-12-13(1), (3), (4) and
					 (9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:07 - Central medical and surgical supply department

Current through Register Vol. 51, page 10, July 15, 2024
The clean and soiled areas of the central medical and
				  surgical supply department shall be separated from each other. Space for
				  cleaning equipment and disposing or processing of unclean articles shall be
				  provided in the decontamination area and the plumbing fixtures shall be at
				  least those provided for the soiled utility room. The clean workroom shall be
				  divided into work space, clean storage area, sterilizing facilities, and
				  storage area for sterile supplies. Pathological waste sterilization may not be
				  done in this area. An unsterile supply storage area shall be provided, but it
				  may be located in an area outside this department. Handwashing fixtures shall
				  be provided between the clean and soiled work areas.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:08 - Central stores

Current through Register Vol. 51, page 10, July 15, 2024
General central storage rooms shall have a total area of not
				  less than 20 square feet (1.86 square meters) for each operating or procedure
				  room. General storage should be concentrated in one area on-site, but up to 50
				  percent of the general storage space may be provided
				  off-site.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:09 - Details and finishes

Current through Register Vol. 51, page 10, July 15, 2024
Ceiling heights of operating rooms, cystoscopic rooms,
				  radiographic rooms, and rooms with ceiling-mounted surgical light fixtures
				  shall be at least nine feet (2.74 meters).
The ceilings in isolation rooms, X-ray film processing rooms,
				  central sterilization rooms, and operating rooms shall be an epoxy painted
				  gypsum board membrane or an equivalent material for ease of cleaning and for
				  improved maintenance of clean surfaces below the ceilings.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:10 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
All air supply and air exhaust systems shall be mechanically
				  operated. All fans serving exhaust systems shall be located at the discharge
				  end of the system. All air supplied to an operating room or sensitive area
				  shall be delivered at or near the ceiling of the area served. All air exhausted
				  from the area shall be removed near floor level. At least two exhaust outlets
				  shall be used in each operating room. Exhaust wall outlets shall be located not
				  less than three inches (0.076 meters) above the floor.
A ventilation system in operating, isolation, or central
				  sterilization shall be a ducted system. A ventilation system using the building
				  concealed space (return air plenum) from a clean room is not
				  acceptable.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:11 - Air filters

Current through Register Vol. 51, page 10, July 15, 2024
A ventilation system shall be equipped with a minimum of two
				  filter beds. Filter bed number one shall be located upstream of the
				  conditioning equipment and shall have a minimum efficiency of 30 percent.
				  Filter bed number two shall be located downstream of the conditioning equipment
				  and shall have a minimum efficiency of 90 percent. Central systems serving
				  other than sensitive areas shall be provided with filters rated at 80 percent
				  efficiency. These filter efficiencies shall be warranted by the manufacturer
				  and shall be based on the ASHRAE 52.2, 2007 edition, American Society of
				  Heating, Refrigeration, and Air Conditioning Engineers dust spot test method
				  with atmospheric dust. The exhausts from all laboratory hoods in which
				  infectious or radioactive materials are processed shall be equipped with
				  filters with a 99 percent efficiency. Filter frames shall be durable and shall
				  provide an airtight fit with the enclosing ductwork. All joints between filter
				  segments and the enclosing ductwork shall have positive seal against air
				  leakage.
General Authority:
SDCL
					 34-12-13(2), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(2), (3), and
					 (14).
"ASHRAE 52.2," 2007 edition, American Society of Heating,
					 Refrigeration, and Air Conditioning Engineers, 1791 Tullie Circle, N.E.,
					 Atlanta GA 30329. Phone: 1-800-527 -4723. Cost:
					 $39.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:12 - Ducts

Current through Register Vol. 51, page 10, July 15, 2024
Ducts which penetrate construction intended for X ray or
				  other ray protection may not impair the effectiveness of the protection. Porous
				  duct lining materials may not be used in the interior of duct systems serving
				  sensitive areas such as operating rooms and isolation rooms.
General Authority:
SDCL
					 34-12-13(1), (2), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (2), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:13 - Plumbing fixture devices

Current through Register Vol. 51, page 10, July 15, 2024
Bedpan flushing devices shall be provided in each soiled
				  workroom.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:14 - Operating room lighting

Current through Register Vol. 51, page 10, July 15, 2024
Operating rooms shall have general lighting for the room in
				  addition to special lighting units at the surgical tables. Each special
				  lighting unit for local lighting at tables shall be connected to an independent
				  circuit.
General Authority:
SDCL
					 34-12-13(3) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(3) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:15 - Equipment installation in special areas

Current through Register Vol. 51, page 10, July 15, 2024
X ray stationary installations and mobile equipment shall
				  conform to rules of the state electrical commission.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Electrical installations, ch
					 20:44:05.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:16 - Emergency electric supply

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have an emergency source of electric
				  supply to provide electricity during an interruption of the normal electric
				  supply. The source of emergency electric supply shall be an automatic emergency
				  generating set when the normal service is supplied by one or more central
				  station transmission lines, or an automatic generating set or a central station
				  transmission line when the normal electric supply is generated on the premises.
				  The required emergency generating set, including the prime mover and generator,
				  shall be located on the premises. The emergency generator set shall be of
				  sufficient kilowatt capacity to supply all lighting and power load demands of
				  the emergency system.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:17 - Emergency electrical circuit connections

Current through Register Vol. 51, page 10, July 15, 2024
Emergency electrical service shall be furnished to circuits
				  as follows:
(1) Lighting of exit ways
				and all necessary ways of approach to them, including exit signs and exit
				direction signs, exterior of exits, exit doorways, stairways, and
				corridors;
(2) Surgical room
				operating lights;
(3) Lighting for
				laboratory, recovery room, staff stations, and medication preparation
				areas;
(4) Lighting for the
				generator set location, the switch gear location, and the boiler
				room;
(5) Equipment essential to
				life safety and for protection of important equipment or vital
				materials;
(6) Staff calling
				system;
(7) Alarm system, including
				fire alarms actuated at manual stations;
(8) Water flow alarm devices of sprinkler
				system if electrically operated;
(9) Fire detecting and smoke detecting
				systems;
(10) Paging or speaker
				systems if intended for issuing instructions during emergency
				conditions;
(11) Alarms required
				for nonflammable medical gas systems, if installed;
(12) Pump for central suction
				system;
(13) Sewage or sump lift
				pump, if installed;
(14)
				Receptacles for blood bank refrigerator;
(15) At least two duplex receptacles for the
				laboratory;
(16) Receptacles in
				operating and recovery rooms except those for X ray;
(17) Duplex receptacles in patient corridors;
				and
(18) Equipment, such as burners
				and pumps, necessary for operation of one or more boilers required for heating
				and sterilization and their necessary auxiliaries and controls.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:12 - Additional ambulatory surgery center standards › Section 44:76:12:18 - Emergency electrical system details

Current through Register Vol. 51, page 10, July 15, 2024
The emergency electrical system shall be so controlled that
				  after interruption of the normal electric power supply the generator is brought
				  to full voltage and frequency and connected within ten seconds through one or
				  more primary automatic transfer switches to all emergency lighting; all alarms;
				  blood banks; staff call; equipment necessary for maintaining telephone service;
				  pump for central suction system; and receptacles in operating rooms, patient
				  corridors, and recovery rooms. All other lighting and equipment required to be
				  connected to the emergency system shall either be connected through the primary
				  automatic transfer switching or shall be subsequently connected through other
				  automatic or manual transfer switching. A receptacle connected to the emergency
				  system shall be distinctively marked for identification. A
				  storage-battery-powered light, provided to augment the emergency lighting or
				  for continuity of lighting during the interim of transfer switching immediately
				  following an interruption of the normal service supply, may not be used as a
				  substitute for the required generator. If fuel is normally stored on the site,
				  the storage capacity shall be sufficient for 24-hour operation. If fuel is
				  normally piped underground to the site from a utility distribution system,
				  storage facilities on the site are not required.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:01 - Application of chapter - Patients' rights policies

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish policies consistent with this
				  chapter to protect and promote the rights of the patient.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:02 - Facility to inform patient of rights

Current through Register Vol. 51, page 10, July 15, 2024
Prior to or at the time of admission, a facility shall
				  inform the patient, both orally and in writing, of the patient's rights and of
				  the rules governing the patient's conduct and responsibilities while in the
				  facility. The patient shall acknowledge in writing that the patient received
				  the information. During the patient's stay the facility shall notify the
				  patient, both orally and in writing, of any changes to the original
				  information. The facility shall post written notice of patient rights in a
				  place likely to be noticed by patients waiting for treatment or provided to the
				  patients representative or surrogate. The patient's right to receive visitors.
				  Visiting hours and policies of the facility shall permit and encourage the
				  visiting of patients by friends and relatives. Visitors may not cause a
				  disruption to the care and services residents receive or infringement on other
				  patient rights or place an undue burden on the facility.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:03 - Facility to provide information on available services

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide the following information in
				  writing to each patient:
(1) A list of
				services available in the facility and the charges for such services. The
				facility shall specify which items and services are included in the services
				for which the patient may not be charged, those other items and services that
				the facility offers and for which the patient may be charged, and the amount of
				any such charges;
(2) A list of
				names, addresses, and telephone numbers of client advocates;
(3) A description of how to file a complaint
				with the department concerning abuse, neglect, and misappropriation of patient
				property;
(4) A description of how
				the patient can contact the patient's physician, including the name and
				specialty of the physician;
(5) A
				description of how to apply for and use Medicare and Medicaid benefits, and the
				right to establish eligibility for Medicaid, including the addresses and
				telephone numbers of the nearest office of the South Dakota Department of
				Social Services and of the United States Social Security Administration;
				and
(6) A description explaining
				the responsibilities of the patient and family members regarding
				self-administered medication.
A signed and dated admission agreement between the patient or
				  the patient's legal representative and the facility shall include subdivisions
				  (1) to (8), inclusive, of this section. The patient or patient's legal
				  representative and the facility shall complete the admission agreement before
				  or at the time of admission and before the patient has made a commitment for
				  payment for proposed or actual care. The agreement may not include ambiguous or
				  misleading information and may not be in conflict with this chapter. The
				  agreement shall be printed for ease of reading by the patient. If the agreement
				  exceeds three pages, it shall contain a table of contents or an index of
				  principal sections. Any change in the information shall be given to the patient
				  or the patient's legal representative as a signed and dated addendum to the
				  original agreement.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:04 - Notification when patient's condition changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall immediately inform the patient, consult
				  with the patient's physician, and, if known, notify the patient's legal
				  representative or interested family member when any of the following
				  occurs:
(1) An accident involving the
				patient which results in injury or has the potential for requiring intervention
				by a physician;
(2) A significant
				change in the patient's physical, mental, or psychosocial status;
(3) A need to alter treatment significantly;
				or
(4) A decision to transfer or
				discharge the patient from the facility.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:05 - Choice in planning care

Current through Register Vol. 51, page 10, July 15, 2024
A patient may choose a personal attending physician, be
				  fully informed in advance about care and treatment and of any changes in that
				  care or treatment that may affect the patient's well-being, and, unless
				  adjudged incompetent or otherwise found to be incapacitated under the laws of
				  the state, participate in planning care and treatment or changes in care or
				  treatment.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
Right to choose own physician unimpaired by public health
					 programs -- Misdemeanor, SDCL
					 34-1-20.
Rights of authorized person as incapacitated person, SDCL
					 34-12C-6.
Liability of health care provider -- Liability of
					 authorized decision maker, SDCL
					 34-12C-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:06 - Privacy and confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for privacy and confidentiality for
				  the patient, including the patient's accommodations, medical treatment, written
				  and telephone communications, personal care, visits, and meetings of family and
				  patient groups.
To approve or refuse the release of personal and medical
				  records to any individual outside the facility, except when the patient is
				  transferred to another health care facility or when the release of the record
				  is required by law. With the patient's permission, a facility shall allow the
				  state ombudsman or a representative of the ombudsman access to the patient's
				  medical records.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
Written policies and confidentiality of records, §
											44:76:08:03.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:07 - Grievances

Current through Register Vol. 51, page 10, July 15, 2024
A patient may voice grievances without discrimination or
				  reprisal. A patient's grievance may be in writing or oral and may relate to
				  treatment furnished, treatment that has not been furnished, the behavior of
				  other patients, and infringement of the patient's rights. A facility shall
				  adopt a grievance process and make the process known to each patient and to the
				  patient's immediate family. The grievance process shall include the facility's
				  efforts to resolve the grievance and documentation of:
(1) The grievance;
(2) The names of the persons
				involved;
(3) The disposition of
				the matter; and
(4) The date of
				disposition.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:08 - Availability of survey results

Current through Register Vol. 51, page 10, July 15, 2024
Survey results, along with the corresponding Plan of
				  Correction shall be provided to patients and individuals upon
				  request.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:09 - Self-administration of drugs

Current through Register Vol. 51, page 10, July 15, 2024
A patient may self-administer drugs if approved by the
				  physician and determined the practice to be safe. The determination shall state
				  whether the patient or the nursing staff is responsible for storage of the drug
				  and documentation of its administration in accordance with chapter
				  44:76:07.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Medication control, ch
					 44:76:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:10 - Advance Directive

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide the patient or the patients
				  representative, as appropriate, the following:
(1) Information on the facilitys policies on
				advance directives;
(2) A
				description of the applicable state health and safety laws; and
(3) State advance directive forms if
				requested by patients.
Include in the facility policies a clear and precise
				  statement on limitations if the facility cannot implement an advance directive
				  on the basis of conscience or any other specific reason that is permitted under
				  state law. A blanket statement of refusal by the facility to comply with any
				  patient advance directives is not permissible. However, if and to the extent
				  permitted under state law, the facility may decline to implement elements of an
				  advance directive on the basis of conscience or any other reason permitted
				  under state law if it includes in the information concerning its advance
				  directive policies a clear and precise statement of limitation. A statement of
				  limitation shall:
(1) Clarify any
				differences between facility wide conscience objections and those that may be
				raised by individual facility staff;
(2) Identify the state legal authority
				permitting such objection; and
(3)
				Describe the range of medical conditions and procedures affected by the
				objection.
The facility shall document in a prominent part of the
				  patients current medical record where it will be readily noticeable by any
				  facility staff providing clinical services whether or not the patient has
				  executed an advance directive.
If the patient with an advance directive is transferred from
				  the facility to another healthcare facility, the facility shall ensure a copy
				  of the patients advance directive is provided with the medical record when the
				  patient is transferred. The facility shall provide education to its staff on
				  the facilitys policies and procedures on advance directives.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:13 - Patients' rights › Section 44:76:13:11 - Admission, transfer, and discharge policies

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall establish and maintain policies and
				  practices for admission, discharge, and transfer of patients which prohibit
				  discrimination based upon payment source and which are made known to patients
				  at or before the time of admission.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  34-12-1.1 have the same meaning in
				  this article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an
				individual indicating that one or more of the following has occurred:
(a) A criminal conviction against a person
				for mistreatment toward an individual; or
(b) In the absence of a criminal conviction,
				substantial evidence that one or more of the following has occurred resulting
				in harm, pain, fear, or mental anguish:
(i)
				Misappropriation of a patient's or resident's property or funds;
(ii) An attempt to commit a crime against a
				patient or resident;
(iii) Physical
				harm or injury against a patient or resident; or
(iv) Using profanity, making a gesture, or
				engaging in any other act made to or directed at a patient or
				resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:02 - Licensure of adult foster care home

Current through Register Vol. 51, page 10, July 15, 2024
Any license issued shall denote the adult foster care home
				  and the homes address on the face of the license. The most current license
				  issued by the department shall be posted on the premises of the home in a place
				  conspicuous to the public. The license certificate remains the property of the
				  department.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:03 - Name of adult foster care home

Current through Register Vol. 51, page 10, July 15, 2024
Each adult foster care home shall be designated by a
				  pertinent and distinctive name that shall be used in applying for a license.
				  The name may not be changed without first notifying the department in writing.
				  No facility may be given a name or advertise in a way that implies services
				  rendered are in excess of the classification for which it is licensed or which
				  would indicate an ownership other than actual.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:04 - Bed capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the bed capacity of each
				  facility pursuant to the physical plant and space provisions of this article.
				  The resident census may not exceed the bed capacity for which the home is
				  licensed. A request by the home for an adjustment in bed capacity because of
				  change of purpose or construction shall be approved by the department before
				  any changes are made.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:05 - Criteria for licensed adult foster care home owners and adult foster care home applicants

Current through Register Vol. 51, page 10, July 15, 2024
Licensed adult foster care home owners shall meet the
				  following criteria:
(1) Neither the
				adult foster care home owners nor family members residing at the residence may
				be a habitual user of alcohol or drugs;
(2) Neither the adult foster care home owner
				nor family members residing at the residence may have a conviction for abusing
				or neglecting another person; and
(3) Any person providing supervisory care and
				support in the adult foster care home shall be at least 18 years of
				age.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:06 - Restrictions on acceptance and retaining of residents

Current through Register Vol. 51, page 10, July 15, 2024
An adult foster care home shall accept and retain residents
				  in accordance with the following restrictions:
(1) A resident accepted for care by an adult
				foster care home shall be housed within the home covered by the
				license;
(2) An adult foster care
				home may not accept or retain residents who require care in excess of the
				classification for which it is licensed;
(3) A caregiver may not leave an adult foster
				care home, unless a resident may be left unsupervised as documented on the
				resident evaluation, during the caregivers tour of duty in the home to provide
				services to a person who is not a resident of the home with the exception of
				providing emergency care on premises contiguous to the home's
				property;
(4) Each facility that
				accepts or retains a resident with developmental disabilities or mental
				diseases shall provide facilities and programs consistent with the needs of the
				resident;
(5) If a person other
				than a resident is accepted for care or to participate in any program, service,
				or activity for the resident, that person shall be included in the evaluation
				of central use, activity, and dining spaces; dietary, and activity programs;
				and the provision of an infection control program. No service provided to the
				person may infringe upon the needs of the residents;
(6) An adult foster care home may admit and
				retain any resident who is able to:
(a) Turn
				self in bed and raise from bed or chair independently or with limited
				assistance of one staff for safety;
(b) Transfer independently or with limited
				assistance of one staff and do not require a mechanical lift;
(c) Complete activities of daily living of
				mobility or ambulation, dressing, toileting, personal hygiene, and bathing with
				limited assistance of one staff but less than total assist;
(d) Complete own ostomy or catheter
				cares;
(e) Feed self with set up,
				cueing, and supervision;
(f)
				Display normal expected behaviors for condition that do not place self or
				others at risk;
(g) Complete own
				injections if required or may be provided by a licensed nurse;
(h) Manage care for his or her own feeding
				tube, tracheotomy, or peritoneal dialysis;
(i) Remains free from the need for
				restraints;
(j) Demonstrate no need
				for skilled services unless provided by contract with a Medicare certified home
				health agency for a limited time with a planned end date;
(k) With limited direction, is capable of
				taking action for self-preservation in emergencies;
(l) Does not pose a danger to self or
				others;
(m) Be free from
				communicable diseases that place other residents or staff at risk;
				and
(n) Maintain conditions that
				are stable and controlled that do not require frequent medical intervention;
				and
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:07 - Resident evaluation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall ensure an evaluation of each residents
				  needs is documented at the time of admission, annually thereafter, and upon a
				  residents significant change, to determine if the facility can meet the needs
				  for each resident. The evaluation will be documented on a form developed by the
				  department and maintained in each residents record.
General Authority:
SDCL
					 34-12-7,
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-7,
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:08 - Joint occupancy

Current through Register Vol. 51, page 10, July 15, 2024
The use of a portion of a building for a purpose other than
				  that covered by the license may be approved by the department only if it can be
				  shown that joint occupancy is not detrimental to the welfare of the residents.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:09 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall fax, email, or mail to the department
				  the pertinent data necessary to comply with the requirements of all applicable
				  administrative rules and statutes.
Any incident or event where there is reasonable cause to
				  suspect abuse or neglect of any resident by any person shall be reported within
				  24 hours of becoming informed of the alleged incident or event. The facility
				  shall report each incident or event orally or in writing to the states attorney
				  of the county in which the facility is located, to the Department of Social
				  Services, or to a law enforcement officer. The facility shall report each
				  incident or event to the department within 24 hours, and conduct a subsequent
				  internal investigation and provide a written report of the results to the
				  department within five working days after the event.
Each facility shall report to the department within 48 hours
				  of the event any death resulting from other than natural causes originating on
				  facility property such as accidents or suicide. The facility shall conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each facility shall report a missing resident to the
				  department within 48 hours. The facility shall conduct a subsequent internal
				  investigation and provide a written report of the results to the department
				  within five working days after the event.
Each facility shall also report to the department as soon as
				  possible any fire with damage or where injury or death occurs; any partial or
				  complete evacuation of the facility resulting from natural disaster; or any
				  loss of utilities, such as electricity, natural gas, telephone, emergency
				  generator, fire alarm, sprinklers, and other critical equipment necessary for
				  operation of the facility for more than 24 hours.
Each facility shall notify the department of any anticipated
				  closure or discontinuation of service at least 30 days in advance of the
				  effective date.
Each facility shall report to the department any unsafe water
				  samples for pools or spas.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:10 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days of the receipt of the statement of
				  deficiencies, each facility shall submit to the department a written plan of
				  correction for the citation of noncompliance with licensure requirements. The
				  plan of correction shall be signed, dated, and on forms provided by the
				  department. The department may reject the plan of correction if there is no
				  evidence the plan will cause the facility to attain or maintain compliance with
				  SDCL chapter 34-12 and this article.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:01 - Rules of general applicability › Section 44:77:01:11 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:77 limits or expands the rights of any
				  healthcare worker or caregiver to provide services within the scope of the
				  professional's license, certification, or registration, as provided by South
				  Dakota law.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall be kept clean, neat, and free of litter
				  and rubbish. Hazardous cleaning solutions, chemicals, and poisons shall be
				  labeled, stored in a safe place, and kept in an enclosed cabinet. Garbage and
				  refuse shall be kept in durable, easily cleanable containers that do not leak
				  and do not absorb liquids. Garbage and refuse shall be disposed of often enough
				  to prevent the development of odor and the attraction of insects and rodents.
				  Sewage shall be disposed of by means of a public sewage disposal system or a
				  septic system, and shall not constitute a source of contamination of food,
				  equipment, or utensils or otherwise create an unsanitary condition or
				  nuisance.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
No pet kept in or visiting a facility may negatively affect
				  the well-being of a resident.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Physically disabled, blind, or deaf person's right to be
					 accompanied by guide dog without extra charge, SDCL
					 20-13-23.2.