reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:01 - General provisions › Section 44:71:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Application," a set of forms and related
				materials, as provided by §
									44:71:02:01;
(2) "Certified medical laboratory
				professional," a medical technologist, medical laboratory technologist,
				clinical laboratory scientist, or medical laboratory scientist who is either
				certified by the American Society of Clinical Pathologists, the American
				Medical Technologists, or the American Association of Bioanalysts;
(3) "Complete application," an application
				that has been accepted for review and determined to be complete by the
				department;
(4) "Department," the
				Department of Health;
(5) "Eligible
				community," a community with a population of ten thousand or less according to
				the most recent United States Census data;
(6) "Employing facility," any South Dakota
				licensed ambulance service licensed pursuant to SDCL chapter 34-11, hospital,
				nursing facility, or chemical dependency treatment facility licensed pursuant
				to SDCL chapter 34-12; or any federally qualified health center, home health
				agency, intermediate care facility for individuals with intellectual
				disabilities, community support providers, community mental health center, or
				end stage renal dialysis facility certified under Title XVIII or XIX of the
				Social Security Act as amended through December 31, 2011;
(7) "Full-time," not less than 36 hours of
				professional services weekly for a minimum 48 weeks per year;
(8) "New employee," an eligible health
				professional who has been working as a health professional at the employing
				facility for no longer than nine months prior to the department's receipt of an
				application;
(9) "New graduate,"
				any South Dakota licensed or certified eligible health professional who has
				graduated from an accredited health professional training program within twelve
				months of the date an application has been received by the department;
				and
(10) "Selected application," a
				complete application that has been selected by the department to enter into a
				rural healthcare facility recruitment assistance agreement involving the
				employing facility, eligible health professional, and department.
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:01 - General provisions › Section 44:71:01:02 - Eligible health professional defined

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this article, the term, eligible health
				  professional, means any South Dakota licensed dietitian, nutritionist, licensed
				  practical nurse, registered nurse, occupational therapist, paramedic,
				  pharmacist, physical therapist, respiratory therapist, speech therapist, dental
				  hygienist healthcare social worker, certified medical laboratory professional,
				  or certified radiologic technologist, who, as determined by the
				  department:
(1) Provides full-time
				services within his or her professional field in an employing facility;
				and
(2) Has no encumbrance or
				pending disciplinary action upon the health professional's license or
				certificate at the time of entering into a rural healthcare facility
				recruitment assistance agreement.
General Authority:
SDCL
					 34-12G-12.
Law Implemented:
SDCL
					 34-12G-12.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:02 - Applications › Section 44:71:02:01 - Application form and content

Current through Register Vol. 51, page 10, July 15, 2024
An application form provided by the department shall include
				  the following:
(1) Name and address of
				the employing facility;
(2) Name
				and dated signature of a contact person;
(3) Name and address of eligible health
				professional, plus any degree held;
(4) Health professional's occupation and
				license or certification number;
(5) Health professional's start date at the
				employing facility; and
(6) Date
				when the vacancy filled by the health professional was created.
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:02 - Applications › Section 44:71:02:02 - Acceptance of applications

Current through Register Vol. 51, page 10, July 15, 2024
The department shall accept an application for review
				  if:
(1) The application is submitted
				by an employing facility and is in a form as provided by §
									44:71:02:01;
(2) The application proposes to fill a
				budgeted health professional vacancy with a new employee; and
(3) The application is submitted within
				timeframes as provided in §
									44:71:03:02.
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:03 - Procedures › Section 44:71:03:01 - Submission of applications

Current through Register Vol. 51, page 10, July 15, 2024
A signed application may be submitted by mail, electronic
				  means, or in person. The department shall date each application upon
				  receipt.
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:03 - Procedures › Section 44:71:03:02 - Timeframes for acceptance of applications

Current through Register Vol. 51, page 10, July 15, 2024
The timeframes for acceptance of applications are as
				  follows:
(1) For the 2012 program year
				the department may accept applications from July 1, 2012, to December 31, 2012,
				inclusive, or from July 1, 2012, until the annual quota as provided by SDCL
				34-12G-12 has been met, whichever
				comes first; and
(2) For all
				subsequent program years the department may accept applications for review from
				May 1 to the last business day in December, inclusive, or from May 1 until the
				annual quota as provided by SDCL
				34-12G-12 has been met, whichever
				comes first
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:03 - Procedures › Section 44:71:03:03 - Application receipt and selection process

Current through Register Vol. 51, page 10, July 15, 2024
The application receipt and selection process is as
				  follows:
(1) Complete applications
				shall be selected on a first come, first served basis beginning July 1 to the
				last business day in December, inclusive, or until the annual quota as provided
				by SDCL 34-12G-12 has been met, whichever
				comes first;
(2) Up to three
				applications may be selected per employing facility;
(3) If more than three applications from an
				employing facility are received, preference shall be given to an application
				proposing to hire a new graduate;
(4) In case of a tie regarding subdivision
				(3) of this section, a random selection shall be held to select the three
				applications;
(5) If the number of
				completed applications received is more than the annual quota as provided by
				SDCL 34-12G-12, preference shall be
				given to an application proposing to hire a new graduate; and
(6) In case of a tie regarding subdivision
				(5) of this section, a random selection shall be held to select the
				applications.
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:71 - Rural healthcare facility recruitment assistance program › Chapter 44:71:04 - Rural healthcare facility recruitment assistance agreements › Section 44:71:04:01 - Form and content of agreements

Current through Register Vol. 51, page 10, July 15, 2024
The following shall be included in each rural healthcare
				  facility recruitment assistance agreement:
(1) A statement that the employing facility
				is eligible to enter into a rural healthcare facility recruitment assistance
				agreement;
(2) A statement that the
				employing facility agrees to reimburse the health professional for its share of
				recruitment assistance payments;
(3) A statement that the eligible health
				professional agrees to provide full-time professional services within the scope
				of the professional's license or certification at the employing facility for
				not less than a continuous three-year period; and
(4) Provisions for default and
				termination.
General Authority:
SDCL
					 34-12G-15.
Law Implemented:
SDCL
					 34-12G-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:01 - Geographic and population requirements › Section 44:72:01:01 - Geographic area

Current through Register Vol. 51, page 10, July 15, 2024
An eligible proposal for additional nursing facility beds
				  pursuant to SDCL
				  34-12-35.8 shall specify that the
				  additional beds will be housed in a new or existing nursing facility located in
				  an identified area of need in South Dakota.
General Authority:
SDCL
					 34-12-35.8(2).
Law Implemented:
SDCL
					 34-12-35.8(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:01 - Geographic and population requirements › Section 44:72:01:02 - Population to be served

Current through Register Vol. 51, page 10, July 15, 2024
Any new or existing facility requesting additional nursing
				  facility beds shall be either Medicare-certified, Medicaid-certified, or both,
				  or have skilled nursing services available on-site. The skilled services shall
				  be part of the facility's normal delivery of services. No new or existing
				  facility requesting additional nursing facility beds may place any restriction
				  on admissions as part of the facility's admissions agreement, other than those
				  allowed in article 44:04.
General Authority:
SDCL
					 34-12-35.8(2).
Law Implemented:
SDCL
					 34-12-35.8(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:02 - Proposal viability › Section 44:72:02:01 - Proposed viability

Current through Register Vol. 51, page 10, July 15, 2024
Upon request, any nursing facility that submits a proposal
				  shall include a copy of the facility's audited financial statements. The
				  audited financial statements shall be provided in the form of an independent
				  auditor's report from the most recent fiscal period available. The audited
				  financial statements shall demonstrate the facility's overall financial health
				  and long term financial sustainability.
General Authority:
SDCL
					 34-12-35.8(3).
Law Implemented:
SDCL
					 34-12-35.8(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:03 - Demonstration of local community support › Section 44:72:03:01 - Local community support required

Current through Register Vol. 51, page 10, July 15, 2024
An eligible proposal requesting additional nursing facility
				  beds pursuant to SDCL
				  34-12-35.8 may contain
				  documentation of local community support for the proposals, including letters
				  of support from health care providers in the service area, local government,
				  and nonprofit associations or organizations,
General Authority:
SDCL
					 34-12-35.8(4).
Law Implemented:
SDCL
					 34-12-35.8(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:04 › Section 44:72:04:01

Current through Register Vol. 51, page 10, July 15, 2024
An existing nursing facility that is a candidate for
				  selection as a special focus facility by the Centers for Medicare and Medicaid
				  Services is not eligible to receive additional nursing facility beds. An
				  existing nursing facility that has received a deficiency, as measured by the
				  Centers for Medicare and Medicaid Services, which is considered to be an
				  immediate jeopardy to resident health and safety during the most recent
				  certification or complaint survey is not eligible to receive additional nursing
				  facility beds. An existing nursing facility that is currently operating under a
				  provisional state license is not eligible to receive additional nursing
				  facility beds, unless the provisional license only relates to construction or
				  structural improvements currently in progress. Any facility submitting a
				  proposal shall submit a copy of the facility's quality assurance program. It
				  shall identify the following:
(1) The members
				  of the quality assurance committee by position;
(2) How often the committee meets:
(3) The guiding principles of the committee;
(4) Committee member assignments;
(5) The process of how the
				  committee identifies concerns, implements corrective action, and monitors
				  progress; and
(6) The methods that
				  employees can use to submit quality improvement ideas to the committee.
General Authority:
SDCL
					 34-12-35.8(5).
Law Implemented:
SDCL
					 34-12-35.8(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:05 › Section 44:72:05:01

Current through Register Vol. 51, page 10, July 15, 2024
An eligible proposal requesting additional nursing facility
				  beds pursuant to SDCL
				  34-12-35.8 shall contain a
				  detailed workforce plan that outlines how the nursing facility will meet the
				  facility's workforce needs.
General Authority:
SDCL
					 34-12-35.8(7).
Law Implemented:
SDCL
					 34-12-35.8(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:72 - Redistribution of nursing facility beds › Chapter 44:72:05 › Section 44:72:05:02

Current through Register Vol. 51, page 10, July 15, 2024
An eligible proposal shall include a nursing facility-based
				  certified nurse aid training program, or an acceptable alternative.
General Authority:
SDCL
					 34-12-35.8(7).
Law Implemented:
SDCL
					 34-12-35.8(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:01 - 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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:02 - Posting of License

Current through Register Vol. 51, page 10, July 15, 2024
The most current license issued by the department shall be
				  posted on the premises of the facility in a place conspicuous to the public.
				  Each facility address shall show a current license. The license certificate
				  remains the property of the department.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:03 - Name of facility

Current through Register Vol. 51, page 10, July 15, 2024
Each facility 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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:04 - 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 facility is
				  licensed. A request by the facility 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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:05 - Restrictions on acceptance of residents

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall accept residents in accordance with the
				  following restrictions:
(1) A resident
				accepted for care by a licensed facility shall be housed within the facility
				covered by the license;
(2) A
				facility may not accept or retain residents who require care in excess of the
				classification for which it is licensed;
(3) Nursing and other personnel essential to
				maintaining adequate staff may not leave a licensed facility during their tour
				of duty in the facility to provide services to persons who are not residents of
				the facility with the exception of providing emergency care on premises
				contiguous to the facility's property;
(4) All licensed facilities that accept or
				retain residents suffering from developmental disabilities or mental diseases
				shall provide facilities and programs consistent with the needs of such
				residents;
(5) If persons other
				than residents are accepted for care or to participate in any programs,
				services, or activities for the residents, their numbers shall be included in
				the evaluation of central use, activity, and dining spaces; staffing of
				nursing, dietary, and activity programs; and the provision of an infection
				control program. Services provided such individuals may not infringe upon the
				needs of the residents;
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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:06 - 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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:07 - 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 24 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 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 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 60 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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:08 - 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 licensed 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 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:09 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
Modifications to the staffing requirements provided in §
									44:73:03:02 may be approved by the
				  department for licensed facilities which are physically combined and jointly
				  operated if:
(1) A hospital or
				critical access hospital and nursing facility are co-located and the nursing
				facility has a licensed bed capacity of 16 or less or the hospital has an acute
				care patient daily census of less than five; or
(2) A nursing facility and assisted living
				center are co-located.
The health and safety of the patients or residents in either
				  facility shall not be jeopardized.
A modification specified by this section may be requested in
				  writing by the facility.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:01 - Rules of general applicability › Section 44:73:01:10 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:73 limits or expands the rights of any
				  healthcare worker 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 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall be designed, constructed, maintained, and
				  operated to minimize the sources and transmission of infectious diseases and
				  ensure the safety and well-being of residents, personnel, visitors, and the
				  community at large. This requirement shall be accomplished by providing the
				  physical resources, personnel, and technical expertise necessary to ensure good
				  public health practices for institutional sanitation.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:02 - 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.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:03 - Cleaning methods and facilities

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have supplies, equipment, work areas, and
				  complete written procedures for cleaning, sanitizing, disinfecting, or
				  sterilizing all work areas, equipment, utensils, and medical devices used for
				  residents' care. Common use equipment shall be disinfected or sterilized after
				  each use. Facilities shall have separate clean and soiled utility
				  rooms.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:04 - Chemicals used to sanitize, disinfect, or sterilize

Current through Register Vol. 51, page 10, July 15, 2024
The label of chemicals used to sanitize, disinfect, or
				  sterilize must shall indicate registration with the Environmental Protection
				  Agency as effective, safe, and approved for their intended
				  use.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:05 - Sterilization

Current through Register Vol. 51, page 10, July 15, 2024
Instruments, supplies, utensils and equipment which are not
				  single service shall be decontaminated before sterilization in a manner that
				  will make them safe for handling by personnel. Supplies and equipment
				  commercially prepared and sterilized to retain sterility indefinitely are
				  acceptable in lieu of sterilization in the facility. Autoclaves used for steam
				  sterilization shall be bacteriologically monitored at least weekly. Supplies
				  and equipment sterilized and packaged in the facility shall have the processing
				  date on the package and shall be reprocessed in accordance with any specific
				  manufacturer's recommendation for the packaging.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:06 - Housekeeping cleaning methods and equipment

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish written housekeeping procedures
				  for the cleaning of all areas in the facility and copies made available to all
				  housekeeping personnel. All parts of the facility shall be kept clean, neat,
				  and free of visible soil, litter, and rubbish. Equipment and supplies shall be
				  provided for cleaning of all surfaces. Such equipment shall be maintained in a
				  safe, sanitary condition. Hazardous cleaning solutions, chemicals, poisons, and
				  substances shall be labeled, stored in a safe place, and kept in an enclosed
				  section separate from other cleaning materials. Cleaning of areas designed for
				  resident use shall be performed by dustless methods that minimize the spread of
				  pathogenic organisms in the facility's atmosphere. Each vacuum used in medical
				  facilities shall be equipped to provide effective discharge air filtration of
				  particles larger than 0.3 microns. Cleaning shall include all environmental
				  surfaces within the facility that are subject to contamination from dust,
				  direct splash, or pathogenic organisms except medical equipment, supplies, or
				  devices that are the responsibility of other services or departments of the
				  facility.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:07 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
Food service shall be provided by a licensed facility or
				  food service establishment that is inspected by a local, state, or federal
				  agency. The facility shall meet the safety and sanitation procedures for food
				  service in §§
									44:02:07:01,
				  44:02:07:02, and 44:02:07:04 to
				  44:02:07:95, inclusive, the Food Service Code. In addition, a mechanical
				  dishwasher shall be provided in all facilities of 17 beds or more. The facility
				  shall have the space, equipment, supplies, and mechanical systems for
				  efficient, safe, and sanitary food preparation if any part of the food service
				  is provided by the facility.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
Note:
Article 44:02, Lodging and Food Service,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for $
					 4.14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:08 - Handwashing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Handwashing facilities consisting of hot and cold running
				  water dispensed through a mixing faucet controlled with blade handles or other
				  hands-free controls, a towel dispenser with single-service towels or a
				  hand-drying device, and hand cleanser shall be located in dietary areas,
				  utility rooms, staff stations, pharmacies, physical therapy rooms, restorative
				  therapy rooms, examination and treatment rooms, laundry, and all toilet rooms
				  not directly connected to resident rooms. A handwashing facility shall be
				  provided in each resident room or in a bath or toilet room connected directly
				  to the room. If existing faucets and controls are replaced or changed, they
				  shall be replaced with mixing faucets controlled with blade handles or other
				  hands-free controls.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
Plumbing fixtures, §
											44:73:12:31.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:10 - Infection control

Current through Register Vol. 51, page 10, July 15, 2024
The infection prevention and control program shall utilize
				  the concept of standard precautions. Bloodborne pathogen control shall be
				  maintained according to the requirements contained in
				  29 C.F.R.
				  1910.1030, July 1, 2006. The facility shall
				  designate an employee to be responsible for the implementation of the infection
				  control program including surveillance and reporting activities. There shall be
				  written procedures that govern the use of aseptic techniques and procedures in
				  all areas of the facility. Each facility shall develop policies and procedures
				  for the handling and storage of potentially hazardous substances (including lab
				  specimens). There shall be a method of control used in relation to the
				  sterilization of supplies and a written policy requiring sterile supplies to be
				  reprocessed. The facility shall provide orientation and continuing education to
				  all personnel on the facility's staff on the cause, effect, transmission,
				  prevention, and elimination of infections. Each facility shall develop a
				  written policy for evaluation and reporting of any employee with a reportable
				  infectious disease.
General Authority:
SDCL
					 34-12-13(1),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:11 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
Facility plumbing systems shall be designed and installed in
				  accordance with SDCL
				  36-25-15 and
				  36-25-15.1. Plumbing shall be
				  sized, installed, and maintained to carry required quantities of water to
				  required locations throughout the facility.
General Authority:
SDCL
					 34-12-13(1) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:12 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply shall be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Environment and Natural Resources. Private water supplies shall have a water
				  sample bacteriologically tested at least monthly. The volume of water shall be
				  sufficient for the needs of the facility, including fire fighting requirements.
				  The hot water system shall be capable of supplying the work and resident areas
				  with water at the required temperatures. Maximum hot water temperatures at
				  plumbing fixtures used by residents may not exceed 125 degrees Fahrenheit (52
				  degrees centigrade). The minimum temperature of hot water for resident use
				  shall be at least 100 degrees Fahrenheit (38 degrees centigrade).
Each water supply system shall maintain one part per million
				  free residual chlorine at remote point-of-use fixtures in the facility or may
				  use another bacteriological control method, such as increasing the water
				  temperature range from 122 degrees to 125 degrees Fahrenheit (50-52 degrees
				  centigrade), that has been demonstrated to be equivalent in control of
Legionella
. The facility shall document water temperatures to
				  verify the hot water temperature is being maintained within the acceptable
				  range. The chlorine testing shall be done daily using photocell and light
				  source DPD (N, N, Diethyl-p-phenylenediamine) test kits, and the test results
				  logged. If testing demonstrates that consistent chlorine levels are maintained,
				  the frequency of testing may be reduced to a level necessary to demonstrate
				  compliance.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Standards adopted for plumbing -- Conformity to Uniform
					 Plumbing Code, SDCL
					 36-25-15; Scope and objectives of
					 plumbing standards and rules, SDCL
					 36-25-15.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:13 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered exhaust ventilation shall be provided
				  in all soiled areas, wet areas, toilet rooms, and storage rooms. Clean storage
				  rooms may also be ventilated by supplying and returning air from the building's
				  air-handling system.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:14 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Spaces occupied by people, machinery, and equipment within
				  buildings and their approaches and parking lots shall have artificial lighting
				  at a level for general safety. Each resident bedroom shall have general
				  lighting and night lighting. A reading light shall be provided for each
				  resident who can benefit from one. Each required exit shall be equipped with
				  continuous emergency lighting. Emergency power shall be provided if the main
				  source of power fails.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:15 - Refuse and waste disposal

Current through Register Vol. 51, page 10, July 15, 2024
Garbage, refuse, and waste shall be handled and disposed of
				  in a safe and sanitary manner. Final disposal of all refuse and waste shall
				  comply with articles 74:27 and 74:28. Putrescible garbage shall be removed at a
				  frequency to contain or prevent odors, insects, and vermin.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:16 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall take effective measures to protect
				  against the entrance into the facility and the breeding or presence on the
				  premises of rodents, flies, roaches, and other vermin. The facility may use
				  chemical substances of a poisonous nature in accordance with the requirements
				  of this section to control or eliminate various types of vermin. The substances
				  shall be properly colored and labeled to identify them as poisons, shall be
				  used and stored in a safe manner, and may not be stored with food or drugs used
				  for human consumption. Extreme care shall be taken to prevent any poisons from
				  contaminating food or food products.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:17 - Sewage disposal

Current through Register Vol. 51, page 10, July 15, 2024
Sewage shall be disposed of in a public sewage works system
				  or, in its absence, in a manner approved by the department in accordance with
				  SDCL chapter 34A-2.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:18 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to the occupants. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of the residents admitted to the facility. The
				  facility shall take at least the following precautions:
(1) Develop and implement a written and
				scheduled preventive maintenance program;
(2) Provide securely constructed and
				conveniently located grab bars in all toilet rooms and bathing areas used by
				residents;
(3) Provide a call
				system for each resident bed and in all toilet rooms and bathing facilities
				routinely used by residents. The call system shall be capable of being easily
				activated by the resident and must register at a staff station serving the
				unit. A wireless call system may be used;
(4) Provide handrails firmly attached to the
				walls on both sides of all resident corridors;
(5) Provide grounded or double-insulated
				electrical equipment or protect the equipment with ground fault circuit
				interrupters. Ground fault circuit interrupters shall be provided in wet areas
				and for outlets within six feet of sinks;
(6) Install an electrically activated audible
				alarm on all unattended exit doors. Any other exterior doors shall be locked or
				alarmed. The alarm shall be audible at a designated staff station and may not
				automatically silence when the door is closed;
(7) A portable space heater, portable halogen
				lamp, household-type electric blanket, or household-type heating pad may not be
				used in a facility;
(8) Any light
				fixture located over a resident bed, in any bathing or treatment area, in a
				clean supply storage room, in any laundry clean linen storage area, or in any
				medication set-up area shall be equipped with a lens cover or a shatterproof
				lamp;
(9) Any clothes dryer shall
				have a galvanized metal vent pipe for exhaust; and
(10) The storage and transfilling of oxygen
				cylinders or containers shall meet the requirements of the NFPA 99 Standard for
				Health Care Occupancies, 2012 Edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 99 Health Care Facilities
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:19 - Area requirements for currently licensed resident rooms

Current through Register Vol. 51, page 10, July 15, 2024
Each currently licensed resident room shall have at least 75
				  square feet (6.98 square meters) of floor space per bed, with at least three
				  feet (0.91 meters) between beds in a multi-bed room exclusive of closets and
				  wardrobes; and 95 square feet (8.83 square meters) in a single room, exclusive
				  of closets and wardrobes. Each resident shall have for individual use in the
				  assigned room a bed, a bedside stand, and a chair appropriate to the needs and
				  comfort of the resident. Each facility shall have 10 square feet (0.93 square
				  meters) of general storage for each bed. A total of 37.5 square feet (3.48
				  square meters) of recreational, activity, dining, and occupational therapy area
				  for each bed and each day care resident shall be provided in a facility. Each
				  facility shall be constructed, equipped, and operated to maintain the privacy
				  and dignity of all residents. In a multi-bed room, each bed shall be able to be
				  separated from the other beds by privacy curtains.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
Area requirements for new construction or renovations,
					 §
											44:73:12:08(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:20 - Office required for social services activities

Current through Register Vol. 51, page 10, July 15, 2024
An office which is large enough to accommodate private
				  consultation and record keeping and which is easily accessible to residents
				  shall be provided for social services activities.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:21 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall submit any proposed change by new
				  construction, remodeling, or change of use of an area to the department. Any
				  change shall have the approval of the department before it is
				  made.
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 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:22 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of and access to facilities shall promote the
				  health, treatment, comfort, safety, and well-being of persons accepted and
				  retained for care. Facilities shall be served by good, passable roads. Easy
				  accessibility for employees, visitors, and fire-fighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:02 - Physical environment › Section 44:73:02:23 - Heating and cooling

Current through Register Vol. 51, page 10, July 15, 2024
The temperature in any occupied space in the facility shall
				  be maintained between 68 and 80 degrees Fahrenheit during waking hours and not
				  lower than 64 degrees Fahrenheit during sleeping hours. Individual resident's
				  space may be maintained outside the required range when desired by the
				  occupant.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:03 - Fire protection › Section 44:73:03:01 - Fire safety code requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall meet applicable fire safety standards in
NFPA 101 Life Safety Code,
2000 edition.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2000 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.