reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:12.01 - Water supply - Control of Legionella

Current through Register Vol. 51, page 10, July 15, 2024
Each water supply system in a facility, must maintain one
				  part per million free residual chlorine at remote point-of-use fixtures in the
				  facility or the facility may use another bacteriological control method that
				  has been demonstrated to be equivalent in control of
Legionella
. Increasing the water temperature range from one
				  hundred twenty-two degrees to one hundred twenty-five degrees Fahrenheit or
				  fifty degrees to fifty-two degrees centigrade is acceptable for the control
Legionella
. The facility shall document water temperatures to
				  verify the hot water temperature is being maintained within the acceptable
				  range for the control Legionella. If hot water temperatures are outside the
				  acceptable range, the facility must conduct chlorine testing using photocell
				  and light source N, N, Diethyl-p-phenylenediamine test kits, and the facility
				  shall log the test results. If testing demonstrates that consistent chlorine
				  levels are maintained, the facility may conduct monthly
				  testing.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:13 - 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:14 - 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. Patient bedrooms shall have general lighting and
				  night lighting. A reading light shall be provided for each patient who can
				  benefit from one. Required exits 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:15 - 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:16 - 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:17 - 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
				  the provisions of 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:18 - 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 patients admitted to the facility. The
				  facility shall:
(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
				patients;
(3) Provide a call system
				for each patient bed and in all toilet rooms and bathing facilities routinely
				used by patients. The call system shall be capable of being easily activated by
				the patient and shall register at a nurses' station serving the unit. A
				wireless call system may be used;
(4) 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;
(5) Prohibit the use of a portable space
				heater, portable halogen lamp., household-type electric blanket, or
				household-type heating pad in a facility;
(6) Ensure that any light fixture located
				over a patient bed, bathing or treatment area, clean supply storage room, clean
				laundry and linen storage area, or medication set-up are be equipped with a
				lens cover or a shatterproof lamp;
(7) Ensure clothes dryer must have a
				galvanized metal transition duct for exhaust or flexible transition duct listed
				and labeled in accordance with UL 218A; and
(8) Ensure that the storage and transfilling
				of oxygen cylinders or containers meet the requirements of the NFPA 99 Health
				Care Facilities, 2012 Edition, chapter 11.
General Authority:
SDCL
					 34-12-13(1)(3).
Law Implemented:
SDCL
					 34-12-13(1)(3).
NFPA 99 Health Care Facilities, 2012 edition, National Fire
					 Protection Association. Copies may be obtained at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards
.
					 Cost: $111.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:19 - Area requirements for currently licensed patient rooms

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed patient room must have at least seventy-five
				  square feet or 6.98 square meters of floor space per bed, with at least three
				  feet or 0.91 meters between beds in a multi-bed room exclusive of closets and
				  wardrobes; and ninety-five square feet or 8.83 square meters in a single room,
				  exclusive of closets and wardrobes. Each patient 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 patient. Each hospital shall have twenty square feet
				  or 1.86 square meters of general storage for each bed. Each facility shall be
				  constructed, equipped, and operated to maintain the privacy and dignity of all
				  patients. 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)(3).
Law Implemented:
SDCL
					 34-12-13(1)(3).
Area requirements for new construction or renovations,
					 §
											44:75:13:07(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:20 - Room required for isolation techniques

Current through Register Vol. 51, page 10, July 15, 2024
When an authorized facility personnel determines isolation is
				  required, a private room with necessary equipment, including handwashing
				  facilities, to carry out isolation techniques shall be provided. The room shall
				  have a negative air pressure with regard to the corridor and connecting rooms
				  and a minimum of six air exchanges an hour exhausted to the outside
				  air.
General Authority:
SDCL
					 34-12-13(1)(3),
					 34-22-9.
Law Implemented:
SDCL
					 34-12-13(1)(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:21 - 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 patients
				  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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:22 - 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 must have the approval of the department before it is
				  made.
General Authority:
SDCL
					 34-12-13(1)(3).
Law Implemented:
SDCL
					 34-12-13(1)(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:23 - 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. A facility 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:24 - 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 sixty-eight and eighty degrees Fahrenheit during waking
				  hours and not lower than sixty-four degrees Fahrenheit during sleeping hours.
				  Individual patient 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:25 - Seclusion rooms

Current through Register Vol. 51, page 10, July 15, 2024
Each seclusion room shall be arranged for the safety of the
				  patient and to prevent patient hiding, escape, injury, or suicide. The room
				  shall be without sharp corners. The room door shall swing out of the patient
				  room, but not into a general traffic corridor. Each room door shall permit
				  staff observation of the patient while still providing for patient
				  privacy.
Each finish fastener and hardware shall be tamper resistant.
				  Security fixtures shall be provided for lighting. Nine foot ceiling heights
				  shall be provided. An anteroom at the seclusion room entrance should be
				  provided to allow staff-controlled access to the seclusion room toilet
				  facility. Any lock on a seclusion room shall be controlled by staff at the door
				  location and shall unlock when released by the staff person. A locking device
				  may be manual or automatic.
General Authority:
SDCL
					 34-12-13(1)(14).
Law Implemented:
SDCL
					 34-12-13(1)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:03 - Fire Protection › Section 44:75:03:01 - 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, 2012 edition in chapter 32 or 33.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code, 2012 edition, National Fire
					 Protection Association. Copies may be obtained at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards
.
					 Cost: $151.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:03 - Fire Protection › Section 44:75:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed health care facility covered under this article
				  shall be constructed, arranged, equipped, maintained, and operated to avoid
				  undue danger to the lives and safety of its occupants from fire, smoke, fumes,
				  or resulting panic during the period of time reasonably necessary for escape
				  from the structure in case of fire or other emergency. The facility shall
				  conduct fire drills quarterly for each shift. If the facility is not operating
				  with three shifts, the facility must conduct monthly drills to provide training
				  for all staff. At least two staff members must be on duty at all times. In a
				  multilevel facility, at least one personnel must be on duty on each floor
				  containing occupied beds.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Fire safety code requirements, §
											44:75:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:01 - Governing body

Current through Register Vol. 51, page 10, July 15, 2024
Each facility operated by limited liability partnership, a
				  corporation, or political subdivision shall have an organized governing body
				  legally responsible for the overall conduct of the facility. If the facility is
				  operated by an individual or partnership, the individual or partnership shall
				  carry out the functions in this chapter pertaining to the governing body. The
				  governing body shall establish and maintain administration policies,
				  procedures, or bylaws governing the operation of the facility. The governing
				  body of a facility shall determine which categories of practitioners are
				  eligible candidates for appointment to the medical staff and shall credential
				  and grant admitting or patient care privileges to appointees to the medical
				  staff. The governing body may appoint members to the medical staff only after
				  considering the recommendations of the existing members of the medical
				  staff.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Hospital medical staff, §
											44:75:04:03.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:02 - Hospital medical staff

Current through Register Vol. 51, page 10, July 15, 2024
A hospital shall have a medical staff organized under bylaws
				  and rules approved by the governing body and responsible to the governing body
				  of the hospital for the quality of all medical care provided patients in the
				  hospital and for the ethical and professional practices of its members. The
				  responsibility for the conduct of medical staff affairs shall be assigned to an
				  individual physician. The medical staff shall establish a credentials committee
				  to review the qualifications of practitioners applying for admitting or patient
				  care privileges and recommend to the governing body practitioners eligible for
				  appointment to the medical staff by the governing body. The review shall
				  include recommendations regarding delineation of admitting and patient care
				  privileges. The medical staff shall conduct appraisals of its members at least
				  every two years.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Governing body, §
					 44:75:04:02.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:03 - Administrator

Current through Register Vol. 51, page 10, July 15, 2024
The governing body shall designate a qualified administrator
				  to represent the owner or governing body and to be responsible for the daily
				  overall management of the facility. The administrator shall designate a
				  qualified person to represent the administrator during the administrator's
				  absence. The governing body shall notify the department in writing of any
				  change of administrator.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:04 - Personnel

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a sufficient number of qualified
				  personnel to provide effective and safe care. Healthcare personnel on duty
				  shall be awake at all times. Any supervisor must be eighteen years of age or
				  older. The facility shall make available written job descriptions and personnel
				  policies and procedures to personnel of all departments and services. The
				  facility may not knowingly employ any person with a conviction for abusing
				  another person. The facility shall establish and follow policies regarding
				  special duty or personnel on contract.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:05 - Personnel training

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a formal orientation program and an
				  ongoing education program for all healthcare personnel. These programs must be
				  completed within thirty days of hire for all healthcare personnel and annually
				  thereafter and must include the following subjects:
(1) Fire prevention and response;
(2) Emergency procedures and
				preparedness;
(3) Infection control
				and prevention;
(4) Accident
				prevention and safety procedures;
(5) Proper use of restraints and
				seclusion;
(6) Patient
				rights;
(7) Confidentiality of
				patient information;
(8) Incidents
				and diseases subject to mandatory reporting and the facility's reporting
				mechanisms;
(9) Care of patients
				with unique needs;
(10) Dining
				assistance, nutritional risks, and hydration needs of patients;
(11) Advanced directives; and
(12) Abuse and neglect.
Any personnel whom the facility determines will have no
				  contact with patients are exempt from training required by subdivisions (5),
				  (8), (9), (10), (11), and (12) of this section.
The facility shall provide additional personnel education
				  based on facility identified needs.
The facility shall make available current professional and
				  technical reference books and periodicals for personnel.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:06 - Personnel health program

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have a personnel health program for the
				  protection of the patients. All personnel must be evaluated by a licensed
				  health professional for freedom from reportable communicable disease which
				  poses a threat to others before assignment to duties or within fourteen days
				  after employment including an assessment of previous vaccinations, tuberculin
				  skin tests, or blood assay test. The facility may not allow anyone with a
				  communicable disease, during the period of communicability, to work in a
				  capacity that would allow spread of the disease. Any personnel absent from duty
				  because of a reportable communicable disease which may endanger the health of
				  patients and fellow personnel may not return to duty until they are determined
				  by a physician, physician's designee, physician assistant, nurse practitioner,
				  or clinical nurse specialist to no longer have the disease in a communicable
				  stage.
General Authority:
SDCL
					 34-12-13(1)(5)(14).
Law Implemented:
SDCL
					 34-12-13(1)
					 -(5)(14).
Definitions and reportable diseases, ch
					 44:20:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:07 - Admissions of patients

Current through Register Vol. 51, page 10, July 15, 2024
The governing body of the facility shall establish and
				  maintain admission, transfer, and discharge policies, with written evidence to
				  ensure the patients admitted to and retained in the facility are within the
				  licensure classification of the facility or its distinct part. The facility may
				  admit and retain, on the orders of a practitioner, only those patients for whom
				  it can provide care safely and effectively.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:08 - Disease prevention

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall provide an organized infection control
				  program for preventing, investigating and controlling infection. The facility
				  shall establish written policies regarding visitation in the various services
				  and departments of the facility. Any visitor who has an infectious disease, who
				  has recently recovered from such a disease, or who has recently had contact
				  with such a disease shall be discouraged from entering the
				  facility.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:09.01 - TB education for healthcare personnel

Current through Register Vol. 51, page 10, July 15, 2024
All healthcare personnel shall receive TB education
				  annually. TB education shall include information on TB risk factors, the signs
				  and symptoms of TB disease, and TB infection control policies and procedures of
				  the facility.
General Authority:
SDCL
					 34-12-13(1)(5),
					 34-22-9.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:10 - Care policies

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must establish and maintain policies,
				  procedures, and practices that follow accepted standards of professional
				  practice to govern care, and related medical or other services necessary to
				  meet the patients' needs.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:11 - Secured units

Current through Register Vol. 51, page 10, July 15, 2024
Each facility with secured units shall comply with the
				  following provisions:
(1) A
				physician's, physician assistant's, or nurse practitioner's order for
				confinement that includes medical symptoms that warrant seclusion or placement
				must be documented in the patient's chart and must be reviewed periodically by
				the physician, physician assistant, or nurse practitioner;
(2) Therapeutic programming shall be provided
				and documented in the overall plan of care;
(3) Confinement may not be used as a
				punishment or for the convenience of the staff;
(4) Confinement and its necessity shall be
				based on a comprehensive assessment of the patient's physical cognitive and
				psychosocial needs, and the risks and benefits of this confinement shall be
				communicated to the patient's family;
(5) Locked doors shall conform to Sections:
				18.2.2.2 and 19.2.2.2 of NFPA 101 Life Safety Code, 2012 edition; and
(6) Staff assigned to the secured unit must
				have specific training regarding the unique needs of patients in that unit. The
				facility shall ensure sufficient personnel are on duty at all times to safely
				provide care and services to the patients.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13(5)(14).
NFPA 101 Life Safety Code
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained at
https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards
.
					 Cost: $151.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:12 - Restraints

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must have written policies and procedures for
				  all restraint use, including emergency restraints, bedrails, and locked doors.
				  The use of restraints shall be based on a comprehensive assessment of the
				  patient's physical and cognitive abilities, evaluation and effectiveness of
				  less restrictive alternatives, and an involvement of the patient in weighing
				  the benefits and consequences. Restraint use requires a physician's physician
				  assistant's, or nurse practitioner's order including specific time frames and
				  types of restraint. Continued use of the restraint and reorders may be given
				  only by the physician's, physician assistant's, or nurse practitioner's order
				  and a review of the patient's condition by the interdisciplinary team.
				  Restraints must be physically checked as ordered and documented by nursing
				  personnel. Restraints may not be used to limit mobility, for convenience of
				  staff, for punishment, or as a substitute for supervision. Restraints may not
				  hinder evacuation of the patient during fire or cause injury to the
				  patient.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:12.01 - Seclusion

Current through Register Vol. 51, page 10, July 15, 2024
Each facility must have written policies and procedures for
				  all seclusion use. The use of seclusion shall be based on a comprehensive
				  assessment of the patient's behaviors to prevent harm to self and others.
				  Seclusion use requires a physician's, physician assistant's, or nurse
				  practitioner's order including specific time frames and type of seclusion.
				  Continued use of seclusion and reorders may be given only by the physician,
				  physician assistant, or nurse practitioners after a review of the patient's
				  condition. Seclusion may not be used to limit mobility, for convenience of
				  staff, for punishment, or as a substitute for supervision. Seclusion may not
				  hinder evacuation of the patient during fire or cause injury to the patient.
				  Patients in seclusion must be visually monitored by staff at all times. Video
				  surveillance alone of a patient in seclusion is not sufficient to meet the
				  requirement for visual monitoring.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:13 - Transfer agreements

Current through Register Vol. 51, page 10, July 15, 2024
Each specialized hospital, critical access hospital, and
				  rural emergency hospital must have a transfer agreement with one or more
				  hospitals to provide services not available on site or each physician,
				  physician assistant, or nurse practitioner must have admitting privileges to a
				  Medicare participating or nonparticipating hospital. A rural emergency hospital
				  must have a transfer agreement with a level 1 or level 2 trauma center. Any
				  agreement must provide for an interchange of medical and other necessary
				  information.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:14 - Quality assessment and performance improvement program

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall develop and implement a facility-wide,
				  data-driven quality assessment and performance improvement program that
				  reflects the complexity of the facility and focuses on indicators related to
				  improved health outcomes and the prevention and reduction of medical errors.
				  The facility must maintain and demonstrate evidence of its quality assessment
				  and performance improvement program for review by the department.
The quality assessment and performance improvement program
				  must measure, analyze, and track quality and performance improvement
				  indicators, including adverse patient events, medical errors, staffing, and
				  other aspects of performance that assess processes of care including services
				  and operations and implement preventative actions and mechanisms that include
				  feedback and learning throughout the hospital to address identified
				  issues.
The program shall set priorities for quality assessment and
				  performance improvement that:
(1)
				Focus high-risk, high-volume, or problem areas;
(2) Consider the incidence, prevalence, and
				severity of problems in those areas and;
(3) Affect health outcomes, patient safety,
				and quality of care.
The governing body of the facility, medical staff, and
				  administrative officials are responsible and accountable for ensuring adequate
				  resources are allocated for measuring, assessing, improving, and sustaining the
				  performance and reducing risks to patients.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:04 - Management and Administration › Section 44:75:04:15 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
A facility must have an effective discharge planning process
				  that includes the patient and the patient's caregiver or support person as
				  active partners for post-discharge care. The discharge planning process and
				  discharge plan must:
(1) Be consistent
				with the patient's goals and treatment preferences;
(2) Ensure an effective transition of the
				patient from the hospital to discharge care; and
(3) Reduce the factors leading to preventable hospital
				readmissions.
A facility shall have policies and procedures for discharge
				  planning including the person responsible, members of the discharge planning
				  team, a list of all area agencies and resources, and a description of the
				  process.
Within twenty-four hours after admission, a hospital must
				  determine each patient's potential need for continuing care following
				  discharge. The facility must initiate planning with applicable agencies to meet
				  the patient's identified needs. To avoid any delays, the patient must be
				  offered assistance to obtain needed services prior discharge. The patient's
				  discharge plan must be reevaluated and modified as needed according to the
				  patient's condition.
A facility must assess its discharge planning process on a
				  regular basis. The assessment must include ongoing periodic review of a
				  representative sample of discharge plans.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13(5)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:05 - Physical Environment › Section 44:75:05:01 - Admissions

Current through Register Vol. 51, page 10, July 15, 2024
Each patient admitted to a hospital may be admitted only on
				  the order of physician, physician assistant, or nurse practitioner. The
				  patient's health care shall continue under the supervision of a physician who
				  is a member of the medical staff. Before or on admission of a patient, the
				  patient's physician must provide the staff of the facility with documented
				  information regarding current medical findings, admitting diagnoses, and
				  written orders for the immediate care of the individual.
The patient's history and physical examination shall be
				  completed no more than seven days prior to admission or forty-eight hours after
				  admission; or within thirty days prior to admission with documentation of an
				  update of the patient's current medical status completed within seven days
				  prior to admission or forty-eight hours after admission. The patient's history
				  and physical examination must be completed prior to surgery except in emergency
				  situations.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:05 - Physical Environment › Section 44:75:05:02 - Medical orders

Current through Register Vol. 51, page 10, July 15, 2024
All medical orders, including verbal orders, must be in
				  writing or electronic format and must be dated, timed, and authenticated
				  promptly by the practitioner. Verbal orders are for medications, treatment,
				  interventions, or other patient care that are transmitted as oral, spoken
				  communications between senders and receivers, delivered either face-to-face or
				  via telephone. Verbal orders may be taken only when there is an urgent need to
				  initiate or change a medical order. Each patient's practitioner is responsible
				  for documenting written or electronic orders and progress notes on each
				  patient's medical record.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:05 - Physical Environment › Section 44:75:05:03 - Emergency physician coverage

Current through Register Vol. 51, page 10, July 15, 2024
A patient's physician must arrange for the care of the
				  patient by an alternate physician during the physician's unavailability. A
				  hospital must have one or more physicians on duty or call at all times and
				  available to the hospital on-site, by telephone or other reliable
				  communications device within thirty minutes to give necessary orders or medical
				  care to patients in case of emergency.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:05 - Physical Environment › Section 44:75:05:04 - Physician assistant, nurse practitioner, or clinical nurse specialist

Current through Register Vol. 51, page 10, July 15, 2024
If the services of a physician assistant, nurse
				  practitioner, or clinical nurse specialist are utilized, the facility shall
				  develop written policies regarding their role in the care of the
				  patient.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:05 - Physical Environment › Section 44:75:05:05 - Medical director required

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall appoint a physician licensed in South
				  Dakota to serve as a medical director. The medical director shall ensure
				  physician services are provided only by qualified caregivers.
General Authority:
SDCL
					 34-12-13(5) and
					 (6).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:05 - Physical Environment › Section 44:75:05:06 - Physician services for hospice patients

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide or arrange for physician services,
				  including emergencies once a patient elects hospice care. Each patient shall
				  designate an attending physician upon admission or when they elect hospice
				  care.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:01 - Organized nursing service

Current through Register Vol. 51, page 10, July 15, 2024
A facility must have organized nursing service with a written
				  organizational plan that delineates its functional structure.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:02 - Director of nursing service

Current through Register Vol. 51, page 10, July 15, 2024
A facility must have a full-time registered nurse designated
				  as the director of nursing service who is responsible for the organization of
				  the total nursing service and who serves during the day shift. The director may
				  not serve in a dual role as the administrator of the facility and the director
				  of nursing.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:03 - Nursing policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish and maintain policies and
				  procedures that provide the nursing staff with methods of meeting its
				  administrative and technical responsibilities in providing care to patients
				  including:
(1) The noting of
				diagnostic and therapeutic orders;
(2) Assigning the nursing care of
				patients;
(3) Administration and
				control of medications;
(4)
				Charting by nursing personnel;
(5)
				Infection control;
(6) Patient
				safety;
(7) Delineation of orders
				from nonphysician practitioners; and
(8) Discharge planning.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:04 - Patient care plans and programs

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide nursing services that provide safe
				  and effective care from the day of admission through the ongoing development
				  and implementation of a written care plan for each patient. The care plan must
				  address medical, physical, mental, and emotional needs of the patient. The
				  facility shall establish and implement procedures for assessment and management
				  of symptoms including pain.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
Record content,
					 §44:04:09:05(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:05 - Nursing service staffing

Current through Register Vol. 51, page 10, July 15, 2024
A hospital shall maintain a sufficient number of registered
				  nurses and other qualified nursing personnel on duty at all times to provide
				  supervision of and nursing care for all patients. A registered nurse shall be
				  designated as charge nurse for each nursing care unit at all times. A critical
				  access hospital is required to staff with a registered nurse only when there
				  are acute care patients present. A critical access hospital is required to
				  staff with a licensed nurse when there are only swing bed patients present. A
				  facility shall develop staffing patterns for each patient care unit, including
				  surgical and obstetrical suites, emergency services, special care units, and
				  other services.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:06 - Intermittent nursing care

Current through Register Vol. 51, page 10, July 15, 2024
Unlicensed personnel of a facility may not accept any
				  delegated skilled tasks from any nonemployed, noncontracted skilled nursing and
				  therapy providers pursuant to SDCL chapters 36-9, 36-10, and
				  36-31.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:06 - Nursing and related Care services › Section 44:75:06:07 - Hospice services

Current through Register Vol. 51, page 10, July 15, 2024
Each facility offering hospice services, as defined in §
									44:79:01:01(14),
				  shall provide services to terminally ill individuals or arrange for such
				  services by a hospice program under a written plan established and periodically
				  reviewed by the individual's attending physician, physician assistant, or nurse
				  practitioner. The hospice agency shall provide for care and services in the
				  facility or on a short-term inpatient basis. Personnel providing hospice care
				  shall include at least one physician, one registered nurse, and one social
				  worker. Unlicensed personnel of a facility may not accept any delegated skilled
				  tasks from any hospice providers pursuant to SDCL chapter
				  36-9.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:07 - Dietetic Services › Section 44:75:07:01 - Dietetic services

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have an organized dietetic service that
				  meets the daily nutritional needs of patients.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).