reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:04 - Storage and labeling of medications and drugs

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

Current through Register Vol. 51, page 10, July 15, 2024
Medications brought from home may be used if ordered by the
				  attending physician, physician assistant, or nurse practitioner and, if prior
				  to administration, is identified as the prescribed drug. Medications prescribed
				  for one resident may not be administered to another. Residents may not keep
				  medications on their person or in their room without a physician's, physician
				  assistant, or nurse practitioner's order allowing self-administration. Written
				  authorization by the resident's physician, physician assistant, or nurse
				  practitioner shall be secured for the release of any medication to a resident
				  upon discharge, transfer, or temporary leave from the facility. The release of
				  medication shall be documented in the resident's record, indicating quantity,
				  drug name, and strength. The facility shall maintain records that account for
				  all medications and drugs from their receipt through administration,
				  destruction, or return.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:06 - Documentation of drug disposal

Current through Register Vol. 51, page 10, July 15, 2024
Legend drugs not controlled under SDCL chapter 34-20 B shall
				  be destroyed or disposed of by a nurse and another witness. Destruction or
				  disposal of medications controlled under SDCL chapter 34-20 B shall be
				  witnessed by two persons, both of whom are a nurse or pharmacist, as designated
				  by facility policy. Methods of destruction or disposal may include:
(1) Disposal by using a professional waste
				hauler to take the medications to a permitted medical waste facility or by
				facility disposal at a permitted municipal solid waste landfill. Prior to
				disposal all medications shall be removed from original containers and made
				unpalatable by the addition of adulterants and alteration of solid dosage forms
				by dissolving or combination into a solid mass;
(2) Return to the dispensing pharmacy for
				destruction or dispose according to federal and state regulations;
(3) Return to an authorized reverse
				distributor company licensed by the South Dakota Board of Pharmacy;
				or
(4) Release to resident upon
				discharge after authorization by the resident's prescribing practitioner.
Medications controlled under SDCL chapter 34-20 B shall not
				  be returned to the dispensing pharmacy or to an authorized reverse distributor
				  company. Documentation of destruction or disposal of medications shall be
				  included in the resident's record. The documentation shall include the method
				  of disposition (destruction, disposal, return to pharmacy, or release to
				  resident); the medication name, strength, prescription number (as applicable),
				  quantity, and date of disposition; and the name of any person who witnessed the
				  destruction or disposal.
Medications, excluding those controlled under SDCL chapter
				  34-20 B, contained in unit dose packaging meeting the requirements of §
										20:51:13:02.01 may be returned to
				  the dispensing pharmacy for credit and redispensing.
Any medication held for disposal shall be physically
				  separated from the medications being used in the facility, locked with access
				  limited, in an area with a system to reconcile, audit, or monitor them to
				  prevent diversion.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:07 - Medication administration

Current through Register Vol. 51, page 10, July 15, 2024
Each medication administered shall be recorded in the
				  resident's medical record and signed by the person responsible. Medication
				  errors and drug reactions shall be reported to the resident's physician,
				  physician assistant, or nurse practitioner and an entry made in the resident's
				  medical record. Orders involving abbreviations and chemical symbols may be
				  carried out only if the facility has a standard list of abbreviations and
				  symbols approved by the medical staff or, in the absence of an organized
				  medical staff, by the medical director and the list is available to the nursing
				  staff. All medications shall be administered to residents by personnel acting
				  under delegation of a licensed nurse, or licensed to administer
				  medications.
A person may not administer medications that have been
				  prepared by another person, other than a pharmacist.
Medication administration shall comply with §§
									44:73:08:02 to
				  44:73:08:05, inclusive, and with
				  the requirements for training in §§ 20:48:04.01:14 and 20:48:04.01:15
				  and for supervision in § 20:48:04.01:02. The supervising nurse shall
				  provide an orientation to the unlicensed assistive personnel who will
				  administer medications. The orientation shall be specific to the facility and
				  relevant to the residents receiving administered medications.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:08 - Medication records

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration records shall be used and regularly
				  checked against the physician, physician assistant, or nurse practitioner's
				  orders. Each medication administered shall be recorded in the resident's
				  medical record and signed by the individual responsible.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:09 - Administration of facility pharmacy

Current through Register Vol. 51, page 10, July 15, 2024
The pharmaceutical service of each facility with a licensed
				  full or part-time pharmacy shall be directed by a licensed pharmacist
				  accountable to the administration of the facility. Only prepackaged drugs or a
				  single dose unit may be removed from the pharmacy when the pharmacist is not
				  available. These drugs may be removed only by a designated registered nurse or
				  physician, physician assistant, or nurse practitioner in amounts sufficient
				  only for immediate therapeutic needs. A record of such withdrawals shall be
				  made by the designated nurse or the physician, physician assistant, or nurse
				  practitioner making the withdrawal.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:10 - Stock of legend drugs prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Legend drugs or medications may be stocked in bulk form in
				  nursing facilities which employ a licensed pharmacist full or part time to
				  supervise, within the facility, the procurement, storage, and dispensing of
				  such drugs and medications. Nursing facilities without a pharmacy shall use the
				  emergency drug box kept on the premises pursuant to 44:73:08:11.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:11 - Controlled drugs kept for emergency use

Current through Register Vol. 51, page 10, July 15, 2024
Controlled drugs may be kept for emergency use under the
				  following circumstances:
(1) The pharmacist
				  supplying the controlled drugs maintains ownership and responsibility for the
				  drugs, including a monthly physical inventory;
(2) The controlled drugs are stored in a
				  manner that allows only those individuals authorized to administer the drugs
				  access to them;
(3) The controlled
				  drugs are stored in a sealed emergency box or in a separate locked cabinet,
				  with a complete and accurate record kept of the drugs in the box or cabinet and
				  of their disposition;
(4) The
				  facility notifies the pharmacist within 36 hours after the withdrawal of a
				  Schedule II drug and within 72 hours after the withdrawal of Schedule III and
				  IV drugs and the pharmacist replaces the drugs within 72 hours after
				  notification; and
(5) No more than 5
				  different controlled drugs are stored in the emergency box, which may contain
				  no more than 6 doses of any Schedule II controlled drug, no more than 6 doses
				  of any Schedule III or IV injectable controlled drug, and no more than 12 doses
				  of any oral Schedule III or IV controlled drug.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:01.01 - Medical record

Current through Register Vol. 51, page 10, July 15, 2024
There shall be an organized medical record system. A medical
				  record shall be maintained for each level of care for each resident admitted to
				  the facility.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:02 - Medical record staff

Current through Register Vol. 51, page 10, July 15, 2024
The medical record functions shall be performed by persons
				  trained and equipped to facilitate the accurate processing, checking, indexing,
				  filing, and retrieval of all medical records. The individual responsible for
				  the medical records service shall have knowledge and training in the field of
				  medical records.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:03 - Written policies and confidentiality of records

Current through Register Vol. 51, page 10, July 15, 2024
There shall be written policies and procedures to govern the
				  administration and activities of the medical record service. They shall include
				  policies and procedures pertaining to the confidentiality and safeguarding of
				  medical records, the record content, continuity of a resident's medical records
				  during subsequent admissions, requirements for completion of the record, and
				  the entries to be made by various authorized personnel.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:04 - Record content

Current through Register Vol. 51, page 10, July 15, 2024
Each medical record shall show the condition of the resident
				  from the time of admission until discharge and shall include the
				  following:
(1) Identification
				data;
(2) Consent forms, except when
				unobtainable, or in an emergency;
(3) History of the resident;
(4) A current overall plan of care;
(5) Report of the initial and periodic
				physical examinations, evaluations, and all plans of care with subsequent
				changes;
(6) Diagnostic and
				therapeutic orders;
(7) Progress
				notes from all disciplines, including practitioners, physical therapy,
				occupational therapy, and speech-language pathology;
(8) Laboratory and radiology
				reports;
(9) Description of
				treatments, diet, and services provided and medications administered;
(10) All indications of an illness or an
				injury, including the date, the time, and the action taken regarding
				each;
(11) A final diagnosis;
				and
(12) A discharge summary,
				including all discharge instructions for home care.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:05 - Authentication

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall ensure entries to the medical record are
				  signed or electronically authenticated. If the facility permits any portion of
				  the medical record to be generated by electronic or optical means, policies and
				  procedures shall exist to prohibit the use of authentication by unauthorized
				  users.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:06 - Retention of medical records

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall retain medical records for a minimum of ten
				  years from the actual visit date of service or resident care. The retention of
				  the record for ten years is not affected by additional and future visit dates.
				  Records of minors shall be retained until the minor reaches the age of majority
				  plus an additional two years, but no less than ten years from the actual visit
				  date of service or resident care. Initial, annual, and significant-change
				  resident assessment records, as required in §§
									44:73:06:10 and
				  44:73:06:11, shall be retained for
				  ten years from the actual visit date of resident care. The retention of the
				  record for ten years is not affected by additional and future visit
				  dates.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical records, §
											44:73:09:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:07 - Storage of medical records

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for filing, safe storage, and easy
				  accessibility of medical records. The medical records shall be preserved as
				  original records or in other readily retrievable and reproducible form. Medical
				  records shall be protected against access by unauthorized individuals. All
				  medical records shall be retained by the health care facility upon change of
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Disposition of medical records on closure of facility or
					 transfer of ownership, §
											44:73:09:09.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:08 - Destruction of medical records

Current through Register Vol. 51, page 10, July 15, 2024
After the minimum retention period of ten years from the
				  actual visit date of care outlined in §
									44:73:09:06, the medical record
				  may be destroyed at the discretion of the facility. Before the destruction of
				  the medical record, the facility shall prepare and retain a resident index or
				  abstract. The resident index or abstract shall include:
(1) Name;
(2) Medical record number;
(3) Date of birth;
(4) Summary of visit dates;
(5) Attending or admitting physician,
				physician assistant, or nurse practitioner; and
(5) Diagnosis or diagnosis code.
The facility shall destroy the medical record in a way that
				  maintains confidentiality.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:09 - Medical record services › Section 44:73:09:09 - Disposition of medical records on closure of facility or transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
If a facility ceases operation, the facility shall provide
				  for safe storage and prompt retrieval of medical records and the resident
				  indexes specified in §
									44:73:09:06. The facility may
				  arrange storage of medical records with another health care facility of the
				  same licensure classification, transfer medical records to another health care
				  provider at the request of the resident, relinquish medical records to the
				  resident or the resident's parent or legal guardian, or arrange storage of
				  remaining medical records with a third party vendor who undertakes such a
				  storage activity. At least 60 days before closure, the facility shall notify
				  the department in writing indicating the provisions for the safe preservation
				  of medical records and their location and publish in a local newspaper the
				  location and disposition arrangements of the medical records.
If ownership of the facility is transferred, the new owner
				  shall maintain the medical records as if there was not a change in
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical records, §
											44:73:09:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:10 - Supportive services › Section 44:73:10:02 - Activities program

Current through Register Vol. 51, page 10, July 15, 2024
A planned activities program shall be provided with
				  therapeutic activities designed to meet the needs and interests of individual
				  residents. An activities coordinator shall be in charge of the activities
				  program in nursing facilities. Supplies and equipment shall be provided for
				  activities to satisfy the individual interests of patients or
				  residents.
General Authority:
SDCL
					 34-12-13(13).
Law Implemented:
SDCL
					 34-12-13(13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:10 - Supportive services › Section 44:73:10:03 - Spiritual needs

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide for the spiritual needs of the
				  residents. Resident requests to see a clergyman shall be honored. No specific
				  religious beliefs or practices may be imposed on any resident contrary to the
				  resident's choice.
General Authority:
SDCL
					 34-12-13(13).
Law Implemented:
SDCL
					 34-12-13(13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:10 - Supportive services › Section 44:73:10:04 - Provision of social services

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide or make arrangements to provide
				  social services for each resident as needed. A staff social worker or social
				  service designee shall be designated as responsible to facilitate the provision
				  of social services. If the staff member is not a social worker, the facility
				  shall have a written agreement with a social worker for consultation and
				  assistance to be provided on a regularly scheduled basis but at least
				  quarterly.
General Authority:
SDCL
					 34-12-13(13).
Law Implemented:
SDCL
					 34-12-13(13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:10 - Supportive services › Section 44:73:10:05 - Rehabilitation services

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide rehabilitation services based on
				  the needs of residents as identified in the comprehensive resident assessment
				  specified in §§
									44:73:06:10 and
				  44:73:06:11.
General Authority:
SDCL
					 34-12-13(13).
Law Implemented:
SDCL
					 34-12-13(13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:01 - Application of chapter - Residents' rights policies

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish policies consistent with this
				  chapter to protect and promote the rights of each resident.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:02 - Facility to inform resident of rights

Current through Register Vol. 51, page 10, July 15, 2024
Prior to or at the time of admission, a facility shall
				  inform the resident, both orally and in writing, of the resident's rights and
				  of the rules governing the resident's conduct and responsibilities while living
				  in the facility. The resident shall acknowledge in writing that the resident
				  received the information. During the resident's stay the facility shall notify
				  the resident, both orally and in writing, of any changes to the original
				  information.
Visiting hours and policies of the facility shall permit and
				  encourage the visiting of residents by friends and relatives. Visitors may not
				  cause a disruption to the care and services residents receive or infringement
				  on other residents rights or place an undue burden on the
				  facility.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:03 - Facility to provide information on available services

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide the following information in
				  writing to each resident:
(1) A list of
				services available in the facility and the charges for such services. The
				facility shall specify which items and services are included in the services
				for which the resident may not be charged, those other items and services that
				the facility offers and for which the resident may be charged, and the amount
				of any such charges;
(2) A
				description of how to apply for and use Medicare and Medicaid benefits, and the
				right to establish eligibility for Medicaid, including the addresses and
				telephone numbers of the nearest office of the South Dakota Department of
				Social Services and of the United States Social Security
				Administration;
(3) A description
				of the bed-hold policy that indicates the length of time the bed will be held
				for the resident, any policies regarding the held bed, and readmission rights
				of the resident; and
(4) A
				description explaining the responsibilities of the resident and family members
				regarding self-administered medication.
A signed and dated admission agreement between the resident
				  or the resident's legal representative and the facility shall include
				  subdivisions (1) to (4), inclusive, of this section. The resident or resident's
				  legal representative and the facility shall complete the admission agreement
				  before or at the time of admission and before the resident has made a
				  commitment for payment for proposed or actual care. The agreement shall be
				  printed for ease of reading by the resident. Any change in the information
				  shall be given to the resident or the resident's legal representative as a
				  signed and dated addendum to the original agreement.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:04 - Notification when resident's condition changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall immediately inform the resident, consult
				  with the resident's physician, physician assistant, or nurse practitioner, and,
				  if known, notify the resident's legal representative or interested family
				  member when any of the following occurs:
(1)
				  An accident involving the resident that results in injury or has the potential
				  for requiring intervention by a physician, physician assistant, or nurse
				  practitioner;
(2) A significant
				  change in the resident's physical, mental, or psychosocial status;
(3) A need to alter treatment significantly;
				  or
(4) A decision to transfer or
				  discharge the resident from the facility.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:05 - Notification of resident's room assignment or rights change, Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:06 - Right to manage financial affairs

Current through Register Vol. 51, page 10, July 15, 2024
A resident may manage personal financial affairs. A facility
				  may not require any resident to deposit any personal funds with the facility.
				  If the resident chooses to deposit funds with the facility and gives written
				  authorization, the facility shall hold the funds in accordance with the
				  provisions of SDCL
				  34-12-15.1 to
				  34-12-15.10,
				  inclusive.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:08 - Privacy and confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for privacy and confidentiality for
				  the resident. A facility shall permit residents to perform the
				  following:
(1) To visit a spouse or, if
				both are residents of the same facility, to share a room with the spouse,
				within the capacity of the facility, upon the consent of both
				spouses;
(2) Except in an
				emergency, to have room doors closed and to require knocking;
(3) To have only authorized staff present
				during treatment or activities of personal hygiene;
(4) To retire and rise according to the
				resident's wishes, as long as the resident does not disturb other
				residents;
(5) To meet, associate,
				and communicate with any person of the resident's choice in a private place
				within the facility;
(6) To
				participate in social, religious, and community activities that do not
				interfere with the rights of other residents in the facility; and
(7) To approve or refuse the release of
				personal and medical records to any individual outside the facility, except if
				the resident is transferred to another health care facility or if the release
				of the record is required by law. With the resident's permission, a facility
				shall allow the state ombudsman or a representative of the ombudsman access to
				the resident's medical records.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Written policies and confidentiality of records, §
											44:73:09:03.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:09 - Quality of life

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide care and an environment that
				  contributes to the resident's quality of life, including:
(1) A safe, clean, comfortable, and homelike
				environment;
(2) Maintenance or
				enhancement of the resident's ability to preserve individuality, exercise
				self-determination, and control everyday physical needs;
(3) Freedom from physical or chemical
				restraints imposed for purposes of discipline or convenience;
(4) Freedom from verbal, sexual, physical,
				and mental abuse and from involuntary seclusion, neglect, or exploitation
				imposed by anyone, and theft of personal property;
(5) Retention and use of personal
				possessions, including furnishings and clothing, as space permits, unless to do
				so would infringe upon the rights or health and safety of other residents;
				and
(6) Support and coordination to
				assure pain is recognized and addressed appropriately.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Care policies, §
											44:73:04:12.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:10 - Grievances

Current through Register Vol. 51, page 10, July 15, 2024
A resident's grievance may be in writing or oral and may
				  relate to treatment furnished, treatment that has not been furnished, the
				  behavior of other residents, and infringement of the resident's rights. A
				  facility shall adopt a grievance process and make the process known to each
				  resident and to the resident's immediate family. The grievance process shall
				  include the facility's efforts to resolve the grievance and documentation
				  of:
(1) The grievance;
(2) The names of the persons
				involved;
(3) The disposition of
				the matter; and
(4) The date of
				disposition.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:11 - Availability of survey results

Current through Register Vol. 51, page 10, July 15, 2024
Survey results, along with the corresponding Plan of
				  Correction shall be provided to residents and individuals upon
				  request.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:12 - Right to refuse to perform services

Current through Register Vol. 51, page 10, July 15, 2024
A resident may refuse to perform services on behalf of the
				  facility, unless otherwise agreed to in the resident's plan of care. The
				  resident may perform services for the facility if the following conditions are
				  met:
(1) The plan of care includes
				documentation of the need or desire for work;
(2) The nature of the services performed is
				specified, including whether the services are voluntary or paid;
(3) Compensation for paid services is at or
				above prevailing rates; and
(4) The
				resident agrees to the work arrangement.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:13 - Self-administration of drugs

Current through Register Vol. 51, page 10, July 15, 2024
A resident may self-administer drugs if the
				  interdisciplinary team consisting of selected healthcare workers and licensed
				  health professionals has determined the practice to be safe. The determination
				  shall state whether the resident or the nursing staff is responsible for
				  storage of the drug and documentation of its administration in accordance with
				  the provisions of chapter 44:73:08.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Medication control, ch
					 44:73:08.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:11 - Residents' rights › Section 44:73:11:14 - Admission, transfer, and discharge policies

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall establish and maintain policies and
				  practices for admission, discharge, and transfer of residents that prohibit
				  discrimination based upon payment source. The facility shall notify each
				  resident at or before the time of admission of these policies and procedures.
				  The policies and practices shall include the following provisions:
(1) The resident may remain in the facility
				and may not be transferred or discharged unless the resident's needs and
				welfare cannot be met by the facility, the resident's health has improved
				sufficiently so the resident no longer needs the services provided by the
				facility, the safety or health of persons in the facility is endangered by the
				resident, the resident has failed to pay for allowable billed services as
				agreed to, or the facility ceases to operate;
(2) The facility shall notify the resident
				and a family member or client advocate in writing at least 30 days before the
				transfer or discharge unless a change in the resident's health requires
				immediate transfer or discharge or the resident has not resided in the facility
				for 30 days. The written notice shall specify the reason for and effective date
				of the transfer or discharge and the location to which the resident will be
				transferred or discharged;
(3) The
				conditions under which the resident may request or refuse transfer within the
				facility; and
(4) A description of
				how the resident may appeal a decision by the facility to transfer or discharge
				the resident.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:01 - Application of chapter

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this chapter apply to any new facility and
				  to any renovation, addition, or change in space use of currently approved
				  existing facility. Accessible and usable accommodations shall be available to
				  the public, staff, and residents with disabilities.
Each facility shall comply with
NFPA 101 Life Safety
				  Code,
2012 edition.
Each facility providing off-site services shall comply with
				  "Business Occupancy standards or other occupancies standards as applicable for
				  the use of the facility from"
NFPA 101 Life Safety Code
, 2012
				  edition for the buildings where these services are offered.
General Authority:
SDCL
					 34-1-17(4) and
					 (5),
					 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 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 44:73:12 - Construction standards › Section 44:73:12:02 - Administration department

Current through Register Vol. 51, page 10, July 15, 2024
The administration department shall include a business
				  office, administrator's office, lobby, public and staff toilet rooms, office
				  for the director of nurses, and social service office.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:03 - Medical records unit

Current through Register Vol. 51, page 10, July 15, 2024
The medical records unit shall include active and closed
				  record storage and a work area.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:04 - Storage rooms

Current through Register Vol. 51, page 10, July 15, 2024
There shall be at least 10 square feet (0.929 square meters)
				  of central storage provided for each bed. General storage shall be concentrated
				  in one area in the facility, but up to 50 percent of the general storage space
				  may be provided on the premises.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:05 - Resident dining and recreation area

Current through Register Vol. 51, page 10, July 15, 2024
The total areas set aside for resident dining, recreation,
				  and other central use areas may not be less than 45 square feet ( 4.18 square
				  meters) for each bed and each day-care resident. The resident dining space
				  shall be at least 25 square feet (2.32 square meters) for each bed. A
				  handwashing sink shall be provided in each dining space. Additional space shall
				  be provided for day-care residents if they participate in a day-care program.
				  Storage shall be provided for recreational equipment and
				  supplies.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:06 - Outside area

Current through Register Vol. 51, page 10, July 15, 2024
Each memory care unit shall have for the residents access to
				  an outdoor area that is enclosed by a fence. The fence shall extend to a
				  minimum of six feet above grade level and be designed to be safe for resident
				  contact. Hard surface walking paths shall be provided in the outside area.
				  Space shall be provided for lounging and for gardening. If the access to the
				  outside area is through a required building exit, the area shall be large
				  enough to allow movement of all residents away from the building structure a
				  distance of 50 feet (15.24 meters) and have a gate to exit the outside area to
				  allow emergency egress and allow access for maintenance.
General Authority:
SDCL
					 34-12-13(3) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(3) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:07 - Memory care unit locations

Current through Register Vol. 51, page 10, July 15, 2024
Any memory care unit shall be located at grade level and
				  have direct access to an outside area.
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 44:73:12 - Construction standards › Section 44:73:12:08 - Resident rooms

Current through Register Vol. 51, page 10, July 15, 2024
A resident room shall meet the following
				  requirements:
(1) A maximum room
				capacity not exceeding two residents;
(2) A minimum area, exclusive of toilet
				rooms, closets, lockers, wardrobes, or vestibules, of 120 square feet (10.8
				square meters) in each one-bed room and 200 square feet (18.58 square meters)
				in each two-bed room. Any sleeping room designed as part of a suite of rooms
				shall have a minimum area of 100 square feet (9.29 square meters) in each
				one-bed room and 160 square feet (14.86 square meters) in each two-bed room.
				The minimum dimension in sleeping rooms may not be less than nine feet six
				inches (2.90 meters);
(3) Each bed
				in a two-bed room shall have cubicle curtains or equivalent built-in devices
				for full visual privacy that allow access to the toilet room and corridor
				without entering the roommates space;
(4) A window sill not higher than three feet
				(0.91 meters) above the floor. The floor shall be above grade;
(5) Have a call button at each bed for staff
				calling stations;
(6) Have a toilet
				room and lavatory. Each resident toilet room shall be directly accessible for
				each resident without going through the general corridor. In a remodeling
				project, a one toilet room with handsink in a resident room may serve two
				resident rooms, but not more than four beds. For new construction, a toilet
				room may not be shared between resident rooms. Each resident toilet room shall
				include a water closet, handsink, mirror, and private individual storage. In
				two bed rooms a separate handsink shall be provided in the resident room. All
				toilet rooms used by residents shall be wheelchair accessible;
(7) Have a wardrobe or closet for each
				resident with an area of at least five square feet (0.465 square meters);
				and
(8) Have each resident room
				door located not more than 150 feet (45.72 meters) from the staff station.
Any modifications of the requirements listed in subdivisions
				  (1) to (8), inclusive, of this section may be approved for any special care
				  room by the department after receipt of a written request.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:09 - Service area in care units

Current through Register Vol. 51, page 10, July 15, 2024
Each care unit must shall contain a service area which
				  includes the following:
(1) Staff station with
				  convenient access to handwashing facilities;
(2) Staff charting;
(3) Communications;
(4) Storage for supplies and staff personal
				  effects;
(5) Staff toilet
				  room;
(6) Nurses' office;
(7) Clean workroom for the storage and
				  assembly of supplies for nursing procedures which contains a work counter and
				  sink;
(8) Soiled workroom which
				  contains a work counter with handwashing facility, a waste receptacle, soiled
				  linen receptacles, a clinical sink with an exposed water trap seal, siphon jet
				  or blowout action, and a bedpan flushing device;
(9) Medicine room adjacent to the staff
				  station with a sink, refrigerator, locked storage, and facilities for
				  preparation and administration of medication;
(10) Clean linen storage area in an enclosed
				  storage space;
(11) Nourishment
				  station containing refrigerated storage, self-dispensing ice machine, and a
				  sink for serving between-meal nourishments;
(12) Equipment storage room on each resident
				  wing or floor for storage of resident care equipment;
(13) Resident bathing facilities containing
				  one shower, bathtub, or whirlpool for each 15 beds not individually served.
				  Whirlpool units with lifts may serve 30 beds;
(14) Janitor's closet for storage of
				  housekeeping supplies and equipment which contains a floor receptor or service
				  sink. The janitor's closet space and equipment may be incorporated into the
				  soiled utility room;
(15)
				  Multipurpose rooms for staff, residents, and residents' families for
				  conferences, reports, education, training sessions, and consultation; and
If outpatient therapy services are offered, the therapy
					 unit must shall provide access without traversing inpatient areas. The therapy
					 unit shall contain locked records storage, handsinks located convenient to
					 treatment areas, private room with handsink for speech language pathology,
					 cubicle curtains for privacy at treatment areas, and the therapy unit shall be
					 sized and equipped to accommodate the therapy modalities
					 offered.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:12 - Construction standards › Section 44:73:12:11 - Dietary department

Current through Register Vol. 51, page 10, July 15, 2024
Construction, equipment, and installation of the dietary
				  department shall comply with or exceed the minimum standards in §§
									44:02:07:01,
				  44:02:07:02, and 44:02:07:04 to
				  44:02:07:95, inclusive, the Food Service Code. The installation shall comply
				  with §44:04:13:05 unless a commercially prepared dietary service, meals,
				  or disposables are used. If a commercial service is used, dietary areas and
				  equipment shall meet the requirements for sanitary storage, processing, and
				  handling.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
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.