reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:03 - Fire protection › Section 44:73:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each 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 fire alarm system shall be
				  sounded each month. At least two staff members shall be on duty at all times.
				  In a multilevel facility, at least one staff member shall 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, §
											44:73:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:02 - 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.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:03 - Administrator

Current through Register Vol. 51, page 10, July 15, 2024
The governing body shall designate an appropriately licensed
				  and 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 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:04 - 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. Staff members on duty shall be
				  awake at all times. Any supervisor shall be 18 years of age or older. Written
				  job descriptions and personnel policies and procedures shall be made available
				  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 staff members 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 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:05 - 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 personnel. Ongoing education programs shall
				  cover the required subjects annually. These programs shall include the
				  following subjects:
(1) Fire prevention
				and response. The facility shall conduct fire drills quarterly for each shift.
				If the facility is not operating with three shifts, monthly fire drills shall
				be conducted to provide training for all staff;
(2) Emergency procedures and
				preparedness;
(3) Infection control
				and prevention;
(4) Accident
				prevention and safety procedures;
(5) Proper use of restraints;
(6) Resident rights;
(7) Confidentiality of resident
				information;
(8) Incidents and
				diseases subject to mandatory reporting and the facility's reporting
				mechanisms;
(9) Care of residents
				with unique needs;
(10) Dining
				assistance, nutritional risks, and hydration needs of residents; and
(11) Abuse, neglect, misappropriation of
				resident property and funds, and mistreatment.
Any personnel whom the facility determines will have no
				  contact with residents are exempt from training required by subdivisions (5),
				  (9), and (10) of this section.
Additional personnel education shall be based on facility
				  identified needs.
Current professional and technical reference books and
				  periodicals shall be made available 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 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:06 - Employee health program

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have an employee health program for the
				  protection of the residents. All personnel shall 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 14 days after
				  employment including an assessment of previous vaccinations and tuberculin skin
				  tests. 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. Personnel absent from duty because of a reportable communicable
				  disease which may endanger the health of residents and fellow employees may not
				  return to duty until they are determined by a physician or physicians 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), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
Reportable diseases and conditions, ch
					 44:20:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:07 - Admissions of residents

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
				  assure the residents 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 residents for
				  whom it can provide care safely and effectively. A nursing facility may admit
				  and retain residents only on the orders of a physician, physician assistant, or
				  nurse practitioner.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:08 - Admission of residents with communicable diseases

Current through Register Vol. 51, page 10, July 15, 2024
A resident who is infected with a communicable disease which
				  is reportable to the department, pursuant to SDCL
				  34-22-12, may be admitted to a
				  facility if the appropriate infection control measures can be provided by the
				  facility to prevent the spread of the communicable disease. If the facility
				  chooses to admit residents with these diseases or antibiotic resistant
				  organisms, the following conditions shall be met:
(1) Facility staff shall complete a training
				program in infection control applicable to the states reportable diseases
				list;
(2) The facility shall have
				written procedures and protocols for staff to follow to avoid exposure to blood
				or body fluids of the affected residents; and
(3) The facility shall have written infection
				control procedures in place and practiced that prevent the spread of antibiotic
				resistant organisms.
If, after admission, a resident is suspected of having a
				  communicable disease that endangers the health and welfare of employees or
				  other residents, the facility shall contact a physician, physician assistant,
				  or nurse practitioner and ensure that measures are taken in behalf of the
				  resident with the communicable disease and the other residents to prevent
				  transmission of the disease.
General Authority:
SDCL
					 34-12-13(1) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (14),
					 34-22-9.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:09 - Prevention and control of influenza

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall arrange for influenza vaccination to be
				  completed annually for all residents. Each resident shall be offered influenza
				  vaccine when he or she is admitted and annually during the influenza season.
				  Documentation of vaccination or refusal shall be recorded in the resident's
				  medical record.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:10 - Prevention and control of pneumonia

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall arrange for immunization for
				  pneumococcal disease. If immunization is lacking and the resident's physician,
				  physician assistant, or nurse practitioner recommends immunization, the nursing
				  facility shall arrange for an immunization for pneumococcal pneumonia within 14
				  days of admission. A pneumococcal vaccination may be waived for a resident
				  because of religious beliefs, medical contraindication, or refusal by the
				  resident. Documentation of the vaccination or its waiver shall be recorded in
				  the resident's medical record.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14),
					 34-22-9(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:11 - 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 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:13 - Care policies

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall 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 residents' needs. Each facility shall establish and maintain policies
				  and procedures for the management of adult day care clients and respite care
				  residents if the facility offers those services.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:14 - Memory care units

Current through Register Vol. 51, page 10, July 15, 2024
Each facility with memory care units shall comply with the
				  following provisions:
(1) Each
				physician's, physician assistants, or nurse practitioners order for confinement
				that includes medical symptoms that warrant seclusion or placement shall be
				documented in the resident's chart and shall be reviewed periodically by the
				physician, physician assistant, or nurse practitioner;
(2) Therapeutic programming shall be provided
				and shall be 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 resident's physical and cognitive
				and psychosocial needs, and the risks and benefits of this confinement shall be
				communicated to the resident'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
				memory care unit shall have specific training regarding the unique needs of
				residents in that unit. At least one caregiver shall be on duty on the memory
				care unit at all times.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
NFPA 101 Life Safety Code,
2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:15 - Restraints

Current through Register Vol. 51, page 10, July 15, 2024
There shall be 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
				  resident's physical and cognitive abilities, evaluation and effectiveness of
				  less restrictive alternatives, and an involvement of the resident in weighing
				  the benefits and consequences. Restraint use requires a physicians, physician
				  assistants, or nurse practitioners order including specific time frames.
				  Continued use of the restraint and reorders may be given only on review of the
				  resident's condition by the physician, physician assistant, or nurse
				  practitioner and the interdisciplinary team. Restraints shall be physically
				  checked as ordered and documented by nursing personnel. Restraints shall not be
				  used to limit mobility, for convenience of staff, for punishment, or as a
				  substitute for supervision. Restraints shall not hinder evacuation of the
				  resident during fire or cause injury to the resident.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:16 - Transfer agreements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have in effect a transfer agreement with
				  one or more hospitals sufficiently close to provide prompt inpatient hospital
				  care to the facility's residents when needed. The agreement shall provide for
				  an interchange of medical and other information necessary or useful in the care
				  and treatment of individuals transferred between the
				  facilities.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:17 - Quality assessment

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall provide for ongoing evaluation of the
				  quality of services provided to residents. Components of the quality assessment
				  evaluation shall include establishment of facility standards; interdisciplinary
				  review of resident services to identify deviations from the standards and
				  actions taken to correct deviations; resident satisfaction surveys; utilization
				  of services provided; and documentation of the evaluation and report to the
				  governing body.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:04 - Management and administration › Section 44:73:04:18 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
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. Outside caregivers may be included in discharge planning
				  conference.
The facility shall initiate planning with applicable agencies
				  to meet identified needs, and residents shall be offered assistance to obtain
				  needed services upon discharge. Information necessary for coordination and
				  continuity of care shall be made available to whomever the resident is
				  discharged and to referral agencies as required by the discharge
				  plan.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:05 - Physician, physician assistant, and nurse practitioner services › Section 44:73:05:02 - Admissions

Current through Register Vol. 51, page 10, July 15, 2024
Each resident may be admitted only on the order of a
				  physician, physician assistant, or nurse practitioner. Prior to or upon
				  admission of a resident, the attending physician, physician assistant, or nurse
				  practitioner shall provide the staff of the facility with documented
				  information regarding current medical findings and with written orders for the
				  immediate care of the individual. This information shall include a medical
				  evaluation, diagnosis, and rehabilitation potential. The information on the
				  resident shall be based on a physical examination done within 48 hours after
				  admission unless the examination was performed within the five days prior to
				  admission. The resident's health care shall continue under the supervision of a
				  physician, physician assistant, or nurse practitioner. If a resident transfers
				  from one nursing facility to another while retaining the same physician,
				  physician assistant, or nurse practitioner, the requirement for the physical
				  examination shall be waived; however, the schedule for physician, physician
				  assistant, or nurse visits shall continue.
The resident shall be seen by the attending physician,
				  physician assistant, or nurse practitioner at least once every 30 days for the
				  first 90 days following admission. Subsequent to the 90th day following
				  admission, the physician, physician assistant, or nurse practitioner shall
				  visit the resident whenever necessary; but the time between visits may not
				  exceed 60 days.
The facility shall follow the physician visit requirements as
				  outlined in the federal regulations for nursing facilities. A physician may not
				  delegate a task when the regulations specify the physician shall perform it
				  personally, or when the delegation is prohibited under State law or by the
				  facility's own policies.
The resident's total care program including medications and
				  treatments shall be reviewed during the physician, physician assistant, or
				  nurse practitioner visit.
General Authority:
SDCL
					 34-12-13(6).
Law Implemented:
SDCL
					 34-12-13(6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:05 - Physician, physician assistant, and nurse practitioner services › Section 44:73:05:03 - Medical orders

Current through Register Vol. 51, page 10, July 15, 2024
All medical orders, including verbal orders, shall be in
				  writing or electronic format and signed by the practitioner. Verbal orders are
				  for medications, treatments, interventions, or other resident 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. The
				  practitioner shall sign or initial the orders for residents on the next visit
				  to the facility. Each resident's practitioner is responsible for documenting
				  written or electronic orders and progress notes on each resident's clinical
				  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 44:73 - Nursing facilities › Chapter 44:73:05 - Physician, physician assistant, and nurse practitioner services › Section 44:73:05:04 - Emergency physician, physician assistant, or nurse practitioner coverage

Current through Register Vol. 51, page 10, July 15, 2024
A resident's physician, physician assistant, or nurse
				  practitioner shall arrange for the care of the resident by an alternate
				  physician, physician assistant, or nurse practitioner during the physician's,
				  physician assistant's, or nurse practitioner's
				  unavailability.
General Authority:
SDCL
					 34-12-13(6) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(6) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:05 - Physician, physician assistant, and nurse practitioner services › Section 44:73:05:06 - 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 assure
				  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 44:73 - Nursing facilities › Chapter 44:73:05 - Physician, physician assistant, and nurse practitioner services › Section 44:73:05:07 - 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 resident elects hospice care. Each resident 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 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:03 - Director of nursing service

Current through Register Vol. 51, page 10, July 15, 2024
There shall be 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 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:04 - 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. The policies
				  shall include at least the following:
(1) The
				  noting of diagnostic and therapeutic orders;
(2) Assigning the nursing care of
				  residents;
(3) Administration and
				  control of medications;
(4) Charting
				  by nursing personnel;
(5) Infection
				  control;
(6) Resident safety;
				  and
(7) Delineation of orders from
				  nonphysician practitioners.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:05 - Resident 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 written care plans for each resident. The
				  care plan shall address medical, physical, mental, and emotional needs of the
				  resident. The facility shall establish and implement procedures for assessment
				  and management of symptoms including pain.
The care plan shall be based on the resident assessments
				  required in §§
									44:73:06:10 and shall be developed
				  and approved by the resident's physician, physician assistant, or nurse
				  practitioner; the resident, the resident's family, or the resident's legal
				  representative; the interdisciplinary team consisting of at least a licensed
				  nurse, the facility's social worker or social service designee, the dietary
				  manager or dietitian, the activities coordinator, and other staff in
				  disciplines determined by the resident's needs. The care plan shall describe
				  the services necessary to meet the resident's medical, physical, mental or
				  cognitive, nursing, and psychosocial needs and shall contain objectives and
				  timetables to attain and maintain the highest level of functioning of the
				  resident. The care plan shall be completed within seven days after the
				  completion of each resident assessment required in §§
									44:73:06:10.
Each facility shall provide restorative care services to meet
				  resident needs.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
Record content, §
											44:73:09:04(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:07 - Nursing service staffing

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall maintain a licensed nurse in charge of
				  nursing activities during each tour of duty. The director of nursing may not
				  serve as charge nurse in a nursing facility with an average daily occupancy of
				  60 or more residents. Adequate staff shall be provided to meet the resident's
				  total care needs at all times. The ratio of registered and licensed practical
				  nurses to aides and shall be sufficient to assure professional guidance and
				  supervision in the nursing care of the residents.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:08 - Intermittent nursing care

Current through Register Vol. 51, page 10, July 15, 2024
The service providing the care shall specify a planned
				  completion date based on the assessments conducted. An unlicensed employee of a
				  licensed 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 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:09 - Hospice services

Current through Register Vol. 51, page 10, July 15, 2024
Each facility offering hospice services 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. An unlicensed employee 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 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:10 - Resident assessments

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall make a comprehensive assessment of the
				  functional, medical, mental, nursing, and psychosocial needs of each
				  resident.
The facility shall use the resident assessment instrument
				  described in the Long Term Care Facility Resident Assessment Instrument User's
				  Manual or an instrument substantially equivalent as determined by the
				  department.
General Authority:
SDCL
					 34-12-13(7).
Law Implemented:
SDCL
					 34-12-13(7).
Long Term Care Facility Resident Assessment
					 Instrument User's Manual
, Version 3.0. Copies and manual may be viewed
					 and printed free of charge at
http://www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/NursingHomeQualityInits/MDS30RAIManual.html
.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:06 - Nursing and related care services › Section 44:73:06:13 - Nurse Aides

Current through Register Vol. 51, page 10, July 15, 2024
The facility and nurse aide shall meet the provisions of
				  article 44:74.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:01.01 - 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 residents.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:02 - Food safety

Current through Register Vol. 51, page 10, July 15, 2024
Hot food shall be held at or above 135 degrees Fahrenheit (
				  57.2 degrees Centigrade) and served promptly after being removed from the
				  temperature holding device. Cold foods shall be held at or below 41 degrees
				  Fahrenheit (5 degrees centigrade) and served promptly after being removed from
				  the holding device. Milk and milk products shall be from a source approved by
				  the state Department of Agriculture. Fluid milk shall be Grade A, and only
				  fluid milk may be used for drinking purposes. Grade A pasteurized dried milk
				  may be used to fortify nutritional supplements only if consumed within four
				  hours of preparation.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Note:
Article 44:02, Lodging and Food Service,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 E. Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for $4.14.
Permit required to produce or process milk and milk
					 products, §
											12:05:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:03 - Nutritional adequacy

Current through Register Vol. 51, page 10, July 15, 2024
The dietetic service shall ensure food prepared is
				  nutritionally adequate in accordance with the Recommended Dietary Allowances
				  and is chosen from each of the five basic food groups listed in the
MyPlate, Dietary Guidelines for Americans
, 2010, U.S. Department
				  of Agriculture, in accordance with consideration for individual needs and
				  reasonable preferences.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Dietary Guidelines for Americans, 2010
,
					 United States Department of Agriculture. Copies may be viewed and printed free
					 of charge at
http//:www.dietaryguidelines.gov
.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:04 - Food substitutions

Current through Register Vol. 51, page 10, July 15, 2024
Reasonable substitutions of equal nutritional value shall be
				  offered to who refuse or are unable to eat the food served.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:05 - Food supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall maintain an on-site supply of perishable
				  and nonperishable foods adequate to meet the planned menus for three days. A
				  facility shall maintain an additional supply of nonperishable foods as part of
				  their emergency preparedness plan. Military meals ready to eat (MRE) are not a
				  substitute for the nonperishable food supply for residents, but may be used to
				  address other emergency food supply needs.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:06 - Therapeutic diets

Current through Register Vol. 51, page 10, July 15, 2024
In each facility the dietetic service shall provide for the
				  needs of those residents requiring therapeutic diets.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:07 - Social needs and dining arrangements

Current through Register Vol. 51, page 10, July 15, 2024
In each facility the dietetic service, in cooperation with
				  other departments or services, shall meet the social and environmental needs of
				  each resident to encourage eating in the common dining area. Social needs
				  include mutually compatible seating arrangements, pleasant dining atmosphere,
				  encouragement of interactions between residents, and food service to all
				  residents at a table at approximately the same time. Assistance shall be
				  provided for residents in need of help in eating.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:08 - Written dietetic policies

Current through Register Vol. 51, page 10, July 15, 2024
There shall be written policies and procedures that govern
				  all dietetic activities. Policies shall include food handling procedures,
				  length of duration for leftovers, and opened packages of commercially prepared
				  food in accordance with chapter 44:02:07, the Food Service Code. Policies and
				  procedures shall be reviewed yearly and revised as necessary.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
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 and
Food Code
, U.S.
					 Public Health Service, FDA, 1999, and may be obtained from U.S. Department of
					 Commerce Technology Administration National Technical Information Service, 5285
					 Port Royal Road, Springfield, Virginia 22161, 1-800-553 -6847 for
					 $69.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:09 - Written menus

Current through Register Vol. 51, page 10, July 15, 2024
Any regular and therapeutic menu, including therapeutic diet
				  menu extensions for all diets served in the facility, shall be written,
				  prepared, and served as prescribed by each resident's physician, physician
				  assistant, or nurse practitioner. Each planned menu shall be approved, signed,
				  and dated by the dietitian for each facility. Any menu changes from month to
				  month shall be reviewed by the dietitian and each menu shall be reviewed and
				  approved by the dietitian at least annually if applicable. Each menu as served
				  shall meet the nutritional needs of the residents in accordance with the
				  physician's, physician assistants, or nurse practitioners orders and the
				  Dietary Guidelines for Americans, 2010. A record of each menu as served shall
				  be filed and retained for 30 days.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Dietary Guidelines for Americans, 2010,
United States Department of Agriculture. Copies may be obtained at
www.dietaryguidelines.gov
.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:11 - Director of dietetic services

Current through Register Vol. 51, page 10, July 15, 2024
A full time dietary manager who is responsible to the
				  administrator shall direct the dietetic services. Any dietary manager that has
				  not completed a Dietary Manager's course, approved by the Association of
				  Nutrition & Foodservice Professionals, shall enroll in a course within 90
				  days of the hire date and complete the course within 18 months. The dietary
				  manager and at least one cook shall successfully complete and possess a current
				  certificate from a ServSafe Food Protection Program offered by various
				  retailers or the Certified Food Protection Professional's Sanitation Course
				  offered by the Association of Nutrition & Foodservice Professionals, or
				  successfully completed equivalent training as determined by the department.
				  Individuals seeking ServSafe recertification are only required to take the
				  national examination. The dietary manager shall monitor the dietetic service to
				  ensure that the nutritional and therapeutic dietary needs for each resident are
				  met. If the dietary manager is not a dietitian, the facility shall schedule
				  dietitian consultations onsite at least monthly. The dietitian shall approve
				  each menu, assess the nutritional status of each resident with problems
				  identified in the assessment, and review and revise dietetic policies and
				  procedures during scheduled visits. Adequate staff whose working hours are
				  scheduled to meet the dietetic needs of the residents shall be on duty daily
				  over a period of 12 or more hours in facilities.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:12 - Diet manual

Current through Register Vol. 51, page 10, July 15, 2024
A current therapeutic diet manual with description of all
				  diets served in the facility shall be readily available in the facility to food
				  service personnel, nursing service personnel, and
				  practitioners.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:13 - Frequency of meals

Current through Register Vol. 51, page 10, July 15, 2024
At least three meals shall be served daily at regular times
				  with not more than a 14-hour span between a substantial evening meal and
				  breakfast.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:14 - Dining arrangements

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide environmental and social
				  accommodations for each resident to encourage eating in the common dining area.
				  Assistance shall be provided for patients or residents in need of help in
				  eating.
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 44:73:07 - Dietetic services › Section 44:73:07:15 - Nutritional assessments

Current through Register Vol. 51, page 10, July 15, 2024
A registered dietitian shall ensure a nutritional assessment
				  is completed on each new resident upon admission; any resident having a
				  significant change in diet, eating ability, or nutritional status; monthly for
				  any resident receiving tube feedings; and on any resident with a disease or
				  condition that puts the resident at significant nutritional risk. A monthly
				  tube feeding assessment shall include nutritional adequacy of calories,
				  protein, and fluids. An annual assessment shall be completed for each
				  resident.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:16 - Required dietary inservice training

Current through Register Vol. 51, page 10, July 15, 2024
The dietary manager or the dietitian shall provide ongoing
				  inservice training for all dietary and food-handling employees. Topics shall
				  include: food safety, handwashing, food handling and preparation techniques,
				  food-borne illnesses, serving and distribution procedures, leftover food
				  handling policies, time and temperature controls for food preparation and
				  service, nutrition and hydration, and sanitation
				  requirements.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:07 - Dietetic services › Section 44:73:07:17 - Nutrition and hydration assistance program

Current through Register Vol. 51, page 10, July 15, 2024
A facility may develop a program to train nutrition and
				  hydration assistants. The program shall be approved by the department. To be
				  approved by the department, the program shall include instruction from a speech
				  -language pathologist and registered dietitian and consist of ten hours of
				  training and clinical experience.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:01.01 - Policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish and practice methods and
				  procedures for medication control that include the following:
(1) A requirement that each resident's
				  prescribing physician, physician assistant, or nurse practitioner provide to
				  the facility electronic or written signed orders for any medications taken by
				  the resident; authorization for medications or drugs kept on the person or in
				  the room of the resident; and release of medications;
(2) Provisions for proper storage of
				  prescribed medications so that the medications are inaccessible to residents or
				  visitors with requirements for:
(a) Separate
				  storage of poisons, topical medications, and oral medications;
(b) Each resident's medication to be stored
				  in the container in which it was originally received and not transferred to
				  another container; and
(c) A
				  medication prescribed for one resident not to be administered to any other
				  resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:73 - Nursing facilities › Chapter 44:73:08 - Medication control › Section 44:73:08:02 - Written orders for medication required

Current through Register Vol. 51, page 10, July 15, 2024
All medications or drugs administered to residents shall be
				  ordered electronically or in writing and signed by the prescriber. Verbal
				  orders for medications or drugs may be taken only when there is an urgent need
				  to initiate or change an order and accepted only by a pharmacist or licensed
				  nurse. The prescriber shall sign or initial the orders for residents on the
				  next visit to the facility.
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 44:73:08:03 - Medication therapy reviewed monthly

Current through Register Vol. 51, page 10, July 15, 2024
The pharmacist shall review the drug regimen at least
				  monthly. The pharmacist shall review the resident's diagnosis, the drug
				  regimen, and any pertinent laboratory findings and dietary considerations. The
				  pharmacist shall report potential drug therapy irregularities and make
				  recommendations for improving the drug therapy of the residents to the
				  attending physician, physician assistant, or nurse practitioner and the
				  administrator. The pharmacist shall document the review by preparing a monthly
				  report of the potential irregularities and recommendations. The administrator
				  shall retain the report in the facility. A copy of the medication review shall
				  be in the resident medical record.
The pharmaceutical service shall be under the supervision of
				  a licensed pharmacist who provides consultation and oversees all aspects of the
				  pharmaceutical services.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).