reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:07 - Privacy and confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator shall take reasonable steps to provide
				  for privacy and confidentiality for the resident, including the residents
				  accommodations, medical treatment, written and telephone communications, care,
				  and visits. Residents shall have the right to:
(1) Send and receive unopened mail and to
				have access to stationery, postage, and writing implements at the residents own
				expense;
(2) Privately access and
				use a telephone or computer;
(3)
				Visit a spouse or friend, if both are residents of the same home, to share a
				room with the spouse or friend, within the capacity of the home, upon the
				consent of both residents;
(4)
				Except in an emergency, have room doors locked and to require knocking and
				permission before entering the residents room;
(5) Have only authorized staff or other
				individuals of the residents choosing present during treatment or activities of
				personal hygiene;
(6) Retire and
				rise according to the residents wishes, as long as the resident does not
				disturb other residents;
(7) Meet,
				associate, and communicate with any person of the residents choice in a private
				place within the home;
(8) To come
				and go from the home as the resident chooses, consistent with any restrictions
				related to specific assessed needs identified in the plan of care;
				and
(9) To participate in social,
				religious, and community activities which do not interfere with the rights of
				other residents in the home.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:08 - Quality of life

Current through Register Vol. 51, page 10, July 15, 2024
A community living home shall provide care and an
				  environment that contributes to the residents quality of life,
				  including:
(1) A safe, clean,
				comfortable, and homelike environment;
(2) Maintenance or enhancement of the
				residents ability to preserve individuality, autonomy, exercise
				self-determination, and control the physical environment, everyday physical and
				social needs, daily activities, and with whom to interact;
(3) Freedom from physical or chemical
				restraints unless ordered and implemented by qualified, trained personnel on an
				emergency basis, in order to protect the resident or others from immediate
				bodily injury;
(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).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:09 - Grievances

Current through Register Vol. 51, page 10, July 15, 2024
A resident may voice grievances without discrimination or
				  reprisal. A 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 residents rights. An owner or operator shall
				  adopt a grievance process and make the process known to each resident and to
				  residents immediate family. The grievance process shall include the home'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 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:10 - Availability of survey results

Current through Register Vol. 51, page 10, July 15, 2024
A resident may examine the results of the department's most
				  recent survey of the home and any plan of correction in effect. A home shall
				  make available results of the departments most recent survey to a resident or a
				  residents legal representative 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 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:11 - 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
				  home, unless otherwise agreed to in the residents plan of care. The resident
				  may perform services for the home 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 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:12 - Self-administration of drugs

Current through Register Vol. 51, page 10, July 15, 2024
A resident may self-administer and store drugs in their room
				  if an appropriate health care practitioner has determined the practice to be
				  safe.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:13 - Admission, transfer, and discharge policies

Current through Register Vol. 51, page 10, July 15, 2024
A home shall establish and maintain policies and practices
				  for admission, discharge, and transfer of residents that prohibit
				  discrimination based upon payment source. The home shall notify each resident
				  at or before the time of admission of these policies and practices. The
				  policies and practices shall include the following provisions:
(1) The resident may remain in the home and
				may not be transferred or discharged unless the residents needs and welfare
				cannot be met by the home, the safety or health of persons in the home is
				endangered by the resident, the resident has failed to pay for allowable billed
				services as agreed to, or the home ceased to operate;
(2) The home shall notify the resident, and a
				family member or resident advocate, in writing at least 30 days before the
				transfer or discharge unless a change in the residents health requires
				immediate transfer or discharge. 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 home; and
(4) A description of how the resident may
				appeal a decision by the home 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 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:06 - RESIDENT RIGHTS › Section 44:82:06:14 - Spiritual needs

Current through Register Vol. 51, page 10, July 15, 2024
The home shall provide for the spiritual needs of the
				  resident as appropriate. Any residents request to see a clergyman shall be
				  honored. No specific religious beliefs or practices may be imposed on any
				  resident contrary to the residents choice.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:07 - NUTRITION SERVICES › Section 44:82:07:01 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
The community living home shall have the space, equipment,
				  and supplies for efficient, safe, and sanitary food preparation. Safe and
				  sanitary food preparation, handling, and storage practices shall be used. If a
				  community living home's food service is contracted out, the contractor shall be
				  a licensed food service establishment that is inspected by a local, state, or
				  federal agency.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:07 - NUTRITION SERVICES › Section 44:82:07:02 - Nutrition requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each resident shall be offered a minimum of three meals a
				  day and have access to food at any time. Whenever possible, each meal should
				  include portions from each of the five basic food groups listed in the MyPlate,
				  "Dietary Guidelines for Americans," 2010, U.S. Department of Agriculture. The
				  owner or operator shall ensure that residents with special diets or dietary
				  restrictions pertaining to residents shall be fully
				  accommodated.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:82 - COMMUNITY LIVING HOME › Chapter 44:82:07 - NUTRITION SERVICES › Section 44:82:07:03 - Food quality - Storage

Current through Register Vol. 51, page 10, July 15, 2024
Food shall be free from spoilage and contamination and shall
				  be safe for human consumption. Unless its identity is unmistakable, a bulk food
				  such as cooking oil, syrup, salt, sugar, or flour not stored in the product
				  container or package in which it was obtained shall be stored in a container
				  identifying the food by its common name.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:01 - Practitioner's written certification of debilitating medical condition

Current through Register Vol. 51, page 10, July 15, 2024
Only a practitioner as defined by SDCL
				  34-20G-1(21) may
				  issue a written certification pursuant to SDCL
				  34-20G-1(26) to a
				  resident of South Dakota. A practitioner's written certification shall be
				  submitted to the department and must be on a form supplied by the department.
				  The certification must include:
(1)
				The practitioner's name and address;
(2) The practitioner's South Dakota license
				and National Practitioner Identification numbers, if applicable;
(3) Certification that the practitioner has
				assessed the patient's medical history and current medical condition, including
				an in-person physical examination;
(4) The date on which the physical
				examination was conducted;
(5)
				Certification that the patient has a debilitating medical condition, as defined
				by SDCL 34-20G-1(8),
				specifying the International Classification of Diseases, Tenth Revision
				code;
(6) Certification that the
				practitioner and patient, or the patient's parents or legal guardian, have
				discussed treatment options for the patient's debilitating medical condition,
(7) Certification that the
				practitioner is available for further consultation and follow up care with the
				patient or the patient's parents or legal guardian as required to monitor the
				use of cannabis;
(8) The date of
				expiration, not to exceed one year;
(9) The number of designated caregivers, if
				more than one, that the patient's age or medical condition necessitates ;
				and
(10) Certification that the
				bona-fide practitioner-patient relationship exists and the relationship is not
				for the sole purpose of providing a written certification for medical cannabis,
				unless referred by another practitioner.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-1(2),
					 34-20G-1(23)(26),
					 34-20G-29.
National Center for Health Statistics. (2021).
					 International Classification of Diseases, 10th Revision, Clinical Modification.
https://icd10cmtool.cdc.gov/
.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:02 - Practitioner's written certification - Determination of caregivers

Current through Register Vol. 51, page 10, July 15, 2024
For patients under the age of 18, a practitioner as defined
				  by SDCL 34-20G-1(21)
				  shall consult with the patient's parents or legal guardians to determine how
				  many designated caregivers are needed to manage the acquisition, dosage, and
				  frequency of use. The practitioner shall include the number of designated
				  caregivers on the written certification.
For patients 18 years of age or older, if the practitioner
				  believes the patient's age or medical condition necessitates the appointment of
				  more than one designated caregiver, the practitioner shall include the number
				  of designated caregivers on the written certification.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:03 - Practitioner not required to provide certification

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in this chapter requires a practitioner as defined
				  by SDCL 34-20G-1(21) to
				  certify a patient for medical cannabis use if they do not believe there is any
				  therapeutic or palliative benefit to the patient by using medical
				  cannabis.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:04 - Patient registry identification card application requirements - Initial application

Current through Register Vol. 51, page 10, July 15, 2024
To apply for a patient registry identification card, a South
				  Dakota resident with a debilitating medical condition, or the person
				  responsible for making medical decisions for that person, shall submit to the
				  department:
(1) A completed
				application on a form supplied by the department that must contain all
				information required by SDCL
				34-20G-29 and
				34-20G-33;
(2) A photocopy of an unexpired form of
				identification acceptable for voter identification pursuant to SDCL
				12-18-6.1;
(3) A photograph meeting all the following
				requirements:
(a) A high resolution color
				photo that is not blurry, grainy, pixelated, or digitally altered;
(b) Uses a clear image of the individual's
				face without filters;
(c) Uses a
				plain white or off-white background;
(d) Is two by two inches in size;
(e) Is printed on matte or glossy photo
				quality paper; and
(f) Is not
				damaged with holes, creases, or smudges;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:05 - Patient designation of designated caregivers - Age-restricted cardholders - Person responsible for making medical decisions - Residents of health care facility or residential care facility

Current through Register Vol. 51, page 10, July 15, 2024
A qualifying patient may designate an eligible individual as
				  a designated caregiver by submitting to the department:
(1) A completed designation on a form
				supplied by the department;
(2) The
				designated caregiver's sworn statement that the designated caregiver has not
				been convicted of a disqualifying felony offense; and
(3) Any additional fees pursuant to §
									44:90:02:17.
An age-restricted cardholder shall designate at least one
				  designated caregiver. If a practitioner has recommended that a patient younger
				  than 18 years of age have multiple designated caregivers, the parents or legal
				  guardians may designate other designated caregivers as advised by the
				  practitioner.
The person responsible for making medical decisions for a
				  qualifying patient 18 years of age or older, if qualified pursuant to SDCL
				  34-20G-1(10),
				  shall be designated caregiver to the qualifying patient. If the practitioner
				  has recommended that the patient have multiple designated caregivers, the
				  person responsible for making medical decisions may designate other designated
				  caregivers as advised by the practitioner.
The designation of an employee of a health care facility,
				  treatment facility, as defined in SDCL
				  34-20A-2, a mental health center,
				  as defined in SDCL
				  27A-1-1, a child welfare agency,
				  as defined in SDCL
				  26-6-1, or a community support
				  provider or community services provider, as defined in SDCL
				  27B-1-17 to act as a designated
				  caregiver on the premises of the facility requires the signature of the
				  facility director or designee.
The designation of a designated caregiver expires on the same
				  date as the qualifying patient's registry identification card.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-1(10),
					 34-20G-2(2),
					 34-20G-29,
					 34-20G-30, 34- 20G-32, 34-20G-33,
					 34-20G-35, 34-20G-95.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:06 - Designated caregivers - State - only background check - Prohibition of remuneration

Current through Register Vol. 51, page 10, July 15, 2024
Each person designated as a designated caregiver to one or
				  more qualifying patients shall submit to the Division of Criminal Investigation
				  once every two years:
(1) A photocopy
				of an unexpired form of identification acceptable for voter identification
				pursuant to SDCL
				12-18-6.1;
(2) A Division of Criminal Investigation
				fingerprint card processed by a local law enforcement agency; and
(3) An authorization and release form
				releasing the results of a state-only background check to the department, and
				payment of any fee charged by the Division of Criminal Investigation.
A designated caregiver shall submit to the department a
				  photograph meeting the requirements of §
										44:90:02:04(3)
				  once every five years. A designated caregiver shall acknowledge in writing to
				  the department the prohibition of remuneration other than direct costs incurred
				  for assisting with the registered qualifying patient's medical use of cannabis,
				  pursuant to SDCL
				  34-20G-2(2).
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-1(10),
					 34-20G-2(2),
					 34-20G-29,
					 34-20G-30,
					 34-20G-32,
					 34-20G-33.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:07 - Application to cultivate cannabis - Patient designation of designated caregivers to cultivate cannabis

Current through Register Vol. 51, page 10, July 15, 2024
A patient, or the patient's designated caregiver applying to
				  cultivate cannabis, shall submit to the department:
(1) A diagram and photographs of the
				enclosed, locked facility in which the cannabis will be cultivated;
				and
(2) The fee required by §
									44:90:02:17.
An age-restricted cardholder may not cultivate cannabis but
				  may, unless a nonresident, designate a designated caregiver to cultivate
				  cannabis on the patient's behalf.
Upon approval of the application, the department shall issue
				  a two-part registry identification card to the patient or designated caregiver
				  designated to cultivate cannabis. One part of the registry identification card
				  must be posted on the door of the enclosed, locked facility in which the
				  cannabis is cultivated and the other part of the registry identification card
				  must be carried by the patient or designated caregiver. If more than one person
				  is authorized to cultivate cannabis on behalf of a qualifying patient, each
				  person shall receive a two-part identification card and shall post and carry
				  the appropriate parts.
General Authority:
SDCL
					 34-20G-1(1)(c),
					 34-20G-72(4),
					 34-20G-72(5).
Law Implemented:
SDCL
					 34-20G-1(1)(13),
					 34-20G-29,
					 34-20G-95.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:08 - Requirements for designated caregivers designated to cultivate cannabis

Current through Register Vol. 51, page 10, July 15, 2024
Only one person may cultivate cannabis on behalf of a
				  patient, except that:
(1) A qualifying
				patient may share the designation with a designated caregiver who resides in
				the same dwelling; and
(2) Two
				parents or legal guardians of an age-restricted cardholder who reside in the
				same dwelling may share the designation.
The entirety of a patient's cannabis must be cultivated in a
				  single enclosed, locked facility.
Two or more designated caregivers may not form a collective.
				  Two or more designated caregivers may not cultivate cannabis in a single-unit
				  building or in a unit of a multi-unit building, unless expressly permitted by
				  SDCL chapter 34-20 G.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-1(13),
					 34-20G-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:09 - Registry identification card - Renewal

Current through Register Vol. 51, page 10, July 15, 2024
A qualifying patient, or the qualifying patient's parents or
				  legal guardian, shall submit a renewal application, with the required fee
				  pursuant to §
									44:90:02:17, up to 45 days prior
				  to the expiration of the patient's registry identification card on a form
				  supplied by the department. A qualifying patient may remove, add, or substitute
				  designated caregivers at the time of renewal on a form supplied by the
				  department.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:10 - Change of designation of designated caregivers

Current through Register Vol. 51, page 10, July 15, 2024
A qualifying patient or the qualifying patient's parent or
				  legal guardian may remove, add, or substitute designated caregivers at any
				  time.
If the change results in the addition or substitution of a
				  designated caregiver, the qualifying patient shall submit a form pursuant to
				  §
									44:90:02:04.
If the change results in the removal of one or more
				  designated caregivers, the patient shall notify each removed designated
				  caregiver in writing and shall certify to the department that notice has been
				  given. The removed designated caregiver shall have 15 days to return the
				  registry identification card associated with that patient.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-46.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:11 - Change of designation to cultivate

Current through Register Vol. 51, page 10, July 15, 2024
A qualifying patient or the qualifying patient's parent or
				  legal guardian may remove, add, or substitute a designation to cultivate at any
				  time.
If the change results in the addition or substitution of an
				  individual to cultivate medical cannabis for the patient, the qualifying
				  patient, or the qualifying patient's parent or legal guardian, shall submit an
				  application pursuant to §
									44:90:02:07.
If the change results in the removal of a designated
				  caregiver to cultivate cannabis on the patient's behalf, the patient, or the
				  patient's parent or legal guardian, shall notify the current designated
				  caregiver in writing and shall certify to the department that notice has been
				  given. The designated caregiver shall, within 15 days, return the registry
				  identification care and destroy any cannabis plants and any cannabis and
				  cannabis products that were produced from the allowable
				  plants.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-46.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:12 - Notice to no longer act as designated caregiver

Current through Register Vol. 51, page 10, July 15, 2024
A designated caregiver shall provide written notice to the
				  patient or the patient's parents or legal guardians and shall notify the
				  department on a form supplied by the department if the designated caregiver no
				  longer wishes to act as the patient's designated caregiver. The designated
				  caregiver shall return the registry identification card associated with the
				  patient immediately upon submitting such notice and, if applicable, shall
				  destroy any cannabis plants and any cannabis and cannabis products that were
				  produced from the allowable plants.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-46.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:13 - Death of qualifying patient

Current through Register Vol. 51, page 10, July 15, 2024
Upon giving notice of a patient's death pursuant to SDCL
				  34-20G-46(2), a
				  designated caregiver shall, within 15 days, return the registry identification
				  card associated with the patient to the department and, if applicable, shall
				  destroy any cannabis plants and any cannabis and cannabis products that were
				  produced from the allowable plants.
General Authority:
SDCL
					 34-20G-72(4).
Law Implemented:
SDCL
					 34-20G-46.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:14 - Nonresident registration - Required documentation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall accept any of the following as
				  sufficient documentation of a nonresident's debilitating medical
				  condition:
(1) Practitioner
				certification issued in the person's jurisdiction of residence and listing a
				debilitating medical condition consistent with SDCL
				34-20G-1 or rules promulgated by
				the department;
(2) Practitioner
				certification issued in the person's jurisdiction of residence, along with
				additional medical records indicating a debilitating medical condition
				recognized by the department pursuant to SDCL
				34-20G-1 or rules promulgated by
				the department; or
(3) Practitioner
				certification on a form supplied by the department.
Prior to issuing a nonresident registration, the department
				  shall determine whether the applicant's registry identification card or its
				  equivalent allows the use of cannabis, as defined in SDCL
				  34-20G-1(1) and
				  34-20G-1(14), in
				  the jurisdiction of issuance.
General Authority:
SDCL
					 34-20G-72(8).
Law Implemented:
SDCL
					 34-20G-1(19),
					 34-20G-72(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:15 - Nonresident registration - Registry identification number

Current through Register Vol. 51, page 10, July 15, 2024
The department shall issue to a nonresident cardholder who
				  has met all registration requirements a nonrenewable ten-digit registry
				  identification number, which expires on the earliest of:
(1) One year from the date of issuance of the
				registry identification number;
(2)
				The expiration date of the nonresident's proof of authorization issued by the
				jurisdiction where the nonresident cardholder resides; or
(3) Any earlier expiration date specified by
				the practitioner's statement.
The registry identification number is valid at no more than
				  two dispensaries, which must be designated by the nonresident cardholder at the
				  time of registration.
General Authority:
SDCL
					 34-20G-72(8).
Law Implemented:
SDCL
					 34-20G-1(19),
					 34-20G-72(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:16 - Allowable quantity of cannabis products

Current through Register Vol. 51, page 10, July 15, 2024
Under 34-20G-1(1)(b), cardholders and nonresident
				  cardholders may possess cannabis products if the equivalent cannabis weight of
				  the products plus the amount of cannabis flower and trim possessed does not
				  exceed three ounces pursuant to SDCL
				  34-20G-1(1)(a).
				  The equivalent cannabis weight of cannabis products shall be:
Type of cannabis
Amount equivalent to one ounce of
							 cannabis
Concentrated cannabis in smokable
							 form
8 grams (net weight)
Vaporizer pens or cartridges
8 grams (net weight)
Edible oils in oral dosage syringe or capsule form
							 (including tincture)
15 grams (net weight)
Edibles (excluding oils)
2,000 milligrams THC
Topical (ointment, cream, or lotion)
12 fluid ounces
Topical (dried plant material or
							 powder)
16 ounces
Transdermal patches
800 milligrams THC
General Authority:
SDCL
					 34-20G-72(9).
Law Implemented:
SDCL
					 34-20G-1,
					 34-20G-2,
					 34-20G-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:16.01

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  48
				  SDR 54, effective
				  11/15/2021 is not
				  yet available.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:02 - Registry identification cards › Section 44:90:02:17 - Fees for registry identification cards

Current through Register Vol. 51, page 10, July 15, 2024
(1) The base fee for initial application and
				yearly renewal of a patient registry identification card for a resident of
				South Dakota is:
(a) For a low-income
				qualifying patient, $20; and
(b)
				For all other applicants, $75.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:01 - Initial application for registration certificate

Current through Register Vol. 51, page 10, July 15, 2024
An initial application for a registration certificate for
				  any type of medical cannabis establishment must include:
(1) A completed application form;
(2) Operating procedures consistent with this
				article;
(3) Proof of the property
				owner's consent to use the property for cultivation, manufacturing, dispensing,
				or testing cannabis, as applicable;
(4) Certification of compliance from the
				local municipality or county, as applicable, ensuring applicant's proposed
				plans and location meet all local zoning and ordinance requirements;
(5) Copies of all required registrations,
				licenses, or permits;
(6)
				Photocopies of a valid form of identification issued in South Dakota, or its
				equivalent issued in another United States jurisdiction, for all principal
				officers and board members;
(7)
				Photocopies of organizing documents, operating agreements, management
				agreements, bylaws, and other legal documents relating to the applicant's
				business structure;
(8)
				Certification that background checks have been completed for all medical
				cannabis establishment agents; and
(9) The applicable fee pursuant to §
									44:90:03:17.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1),
					 34-20G-57,
					 34-20G-61.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:02 - Certificate renewal - Application

Current through Register Vol. 51, page 10, July 15, 2024
A renewal application for a registration certificate:
(1) Is required every 12 months from date of
				issuance; and
(2) Must include all
				components of an initial application, except that a detailed description of any
				changes to operating procedures, or a certification that no such changes exist,
				may be substituted for a complete set of operating procedures.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1),
					 34-20G-57,
					 34-20G-61.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:03 - Certificate location transfer - Application

Current through Register Vol. 51, page 10, July 15, 2024
An application for the transfer of a registration certificate
				  to a different physical location must include:
(1) A completed change of location
				form;
(2) Documentation that
				establishment is operating in substantial compliance with its
				department-approved operating procedures or that circumstances beyond its
				control prevented such operation;
(3) Diagrams of all locations in which
				cannabis will be cultivated, harvested, dried, stored, manufactured, or
				destroyed;
(4) A detailed
				description of any changes to operating procedures, or a certification that no
				such changes exist;
(5)
				Certification of compliance with all applicable local zoning requirements;
				and
(6) Copies of all required
				registration, licenses, or permits reflecting the establishment's new address.
Nothing in this section shall be interpreted to require a
				  city or county to issue a registration, license or permit to operate at the new
				  address.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1),
					 34-20G-57,
					 34-20G-61.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:04 - Transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
The transfer of any ownership interest in a medical cannabis
				  establishment of 50 percent or more to a party not already approved by the
				  department as an owner of the establishment requires the submission of an
				  initial application pursuant to §
									44:90:03:01.
The department may permit the transfer of an ownership
				  interest in a medical cannabis establishment of less than 50 percent to a party
				  not already approved by the department as an owner of the establishment
				  if:
(1) The establishment is operating
				in substantial compliance with its department-approved operating procedures or
				can demonstrate that circumstances beyond its control prevented such
				operation;
(2) The establishment
				provides advance written notification to the department;
(3) The new owners meet all requirements of
				this article; and
(4) The city or
				county issues any required registration, license or permit to the
				establishment's new owners.
Nothing in this section shall be interpreted to require a
				  city or county to approve a transfer of ownership.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1),
					 34-20G-57,
					 34-20G-61.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:05 - Operating procedures - Required contents - All medical cannabis establishments

Current through Register Vol. 51, page 10, July 15, 2024
The operating procedures of any medical cannabis
				  establishment must include:
(1) A
				management plan identifying the individuals who will be in charge of day-to-day
				operations of the establishment and their specific management roles;
(2) A site plan that must:
(a) Identify any areas in which cannabis will
				be cultivated, harvested, dried, stored, manufactured, tested, or
				destroyed;
(b) Indicate the types
				of activities that will take place in those areas;
(c) Identify a means of legal ingress onto
				property from the closest maintained public right of way;
(d) Demonstrate compliance with §
										44:90:04:05;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:06 - Cannabis cultivation facility operating procedures - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The operating procedures for a cultivation facility must
				  provide the department with sufficient detail to determine the establishment's
				  compliance with this article and SDCL chapter 34-20 G, including:
(1) The number of mature cannabis plants, or
				size of plant canopy, to be cultivated;
(2) The number of seedlings to be
				cultivated;
(3) The lights,
				irrigation, greenhouses and other equipment to be used and the approval listing
				issued by a nationally recognize testing laboratory;
(4) Plans for providing electricity, water
				and other utilities necessary for the normal operation of the cultivation
				facility;
(5) Plans for ventilation
				and filtration systems that reduce the potential for mold;
(6) Detailed plans for remediating cannabis,
				specifying the steps to be taken by type of test failed; and
(7) A list of all pesticides, fungicides,
				insecticides, and fertilizers that will be present or used.
General Authority:
SDCL
					 34-20G-72(2)(5).
Law Implemented:
SDCL
					 34-20G-55(1),
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:07 - Cannabis testing facility operating procedures - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The written operating procedures for a testing facility must
				  provide the department with sufficient detail to determine the establishment's
				  compliance with this article and SDCL chapter 34-20 G, including:
(1) A policy signed by each owner that
				ensures management and personnel are free from any undue internal and external
				commercial, financial, or other influences that may adversely affect the
				quality of their work or diminish confidence in its competence, impartiality,
				judgment, or operational integrity;
(2) A signed disclosure by each owner stating
				that there is no financial conflict with, interest in, investment in,
				landlord-tenant relationship with, or loan to a cannabis cultivation facility,
				cannabis product manufacturing facility, or cannabis dispensary;
(3) A list of analytical tests, specifying
				the analyte and technology for each, the applicant intends to offer and:
(a) Certification that the applicant will,
				within six months of licensing, begin working with an accreditation body to
				ensure compliance with applicable rules and ensure progress towards achieving
				ISO/IEC 17025 accreditation including all proposed analytical tests within its
				scope of accreditation; or
(b) If
				an initial application or a renewal application for a cannabis testing facility
				that has been licensed for less than 18 months, an agreement to:
(i) Submit quarterly reports to the
				department on its progress toward ISO/IEC accreditation; and
(ii) Comply with any department requests for
				confirmation testing at the cannabis testing facility's expense;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:08 - Cannabis product manufacturing facility operating procedures - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The operating procedures for a cannabis product manufacturing
				  facility must provide the department with sufficient detail to determine the
				  establishment's compliance with this article and SDCL chapter 34-20 G,
				  including:
(1) A description of the
				classes of products that will be manufactured by the establishment;
(2) A detailed description of the
				manufacturing processes that will occur on the premises, including:
(a) Mechanical extraction using potable
				water, ice, dry screening or sieving, cryonic extraction, pressure, or
				temperature;
(b) Infusion into
				propylene glycol, glycerin, or food-grade fats;
(c) Extraction using food-grade ethanol;
				and
(d) Extraction using an
				inherently hazardous substance;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:09 - Cannabis dispensary operating procedures - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
The operating procedures for a dispensary must provide the
				  department with sufficient detail to determine the establishment's compliance
				  with this article and SDCL chapter 34-20 G, including:
(1) Plans to obtain an adequate supply of
				cannabis and cannabis products;
(2)
				Types of products offered;
(3)
				Verification of identification card and purchase limits;
(4) Advertising plan, including onsite
				signs;
(5) Training plan;
(6) Point-of-sale software to be used,
				including documentation of its interoperability with the inventory tracking
				system;
(7) Parking;
(8) Accessibility to individuals with
				disabilities; and
(9) Suitability
				of location for maximizing access by cardholders.
General Authority:
SDCL
					 34-20G-72(2)(5).
Law Implemented:
SDCL
					 34-20G-55(1),
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:10 - Compliance with local zoning requirements - Form of certification

Current through Register Vol. 51, page 10, July 15, 2024
Each initial or renewal application must include a
				  certification, on a form supplied by the department, of compliance with all
				  applicable city and county zoning requirements.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1)(d).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:11 - Local registration, license, or permit - Department

Current through Register Vol. 51, page 10, July 15, 2024
Each initial or renewal application must include either:
(1) A certification, on a form
				supplied by the department, that the applicant is not required to obtain any
				city or county registration, license, or permit; or
(2) Copies of all required registrations,
				licenses, or permits.
The department may contact the city or county to verify the
				  absence of registration, licensing, or permitting requirements or to verify the
				  form and content of such documents.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:12 - Deadline to submit initial applications for establishments

Current through Register Vol. 51, page 10, July 15, 2024
The department shall accept applications on a rolling basis,
				  except that applications to locate an establishment in a city or county that
				  has limited the number of medical cannabis establishments must be
				  submitted:
(1) By November 1, 2021, if
				the limit was enacted prior to October 1, 2021; or
(2) Within 90 days of the effective date of a
				limit enacted on or after October 1, 2021.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:13 - No registration certificate revocation - Department verification

Current through Register Vol. 51, page 10, July 15, 2024
Each initial or renewal application must include a
				  certification, on a form supplied by the department, that none of the principal
				  officers or board members have served as a principal officer or board member
				  for a medical cannabis establishment that has had its registration certificate
				  revoked.
General Authority:
SDCL
					 34-20G-72(2).
Law Implemented:
SDCL
					 34-20G-55(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:14 - No disqualifying felonies - Form of certification

Current through Register Vol. 51, page 10, July 15, 2024
With each initial or renewal application:
(1) Each principal officer or board member
				shall affirm that the individual has not been convicted of any disqualifying
				felony offense, whether in South Dakota or another jurisdiction.
(2) The signatory who has authority to bind
				the applicant to the representations in the application shall affirm that the
				applicant has conducted background checks on all principal officers and board
				members within 90 days of the initial application or within two years of a
				renewal application.
General Authority:
SDCL
					 34-20G-72(2),
					 (3)(c).
Law Implemented:
SDCL
					 34-20G-61,
					 34-20G-62,
					 34-20G-72(3).