reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:19 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
A facility's plumbing system shall be designed and installed
				  in accordance with SDCL
				  36-25-15 and
				  36-25-15.1. Plumbing shall be
				  sized, installed, and maintained to carry required quantities of water to
				  required locations throughout the facility.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:20 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
All building spaces, parking lots, and exit discharge routes
				  shall be illuminated for general safety. Specific required lighting levels
				  shall be provided for the following spaces:
(1) Ten footcandles for general
				illumination;
(2) Thirty
				footcandles for dining rooms, bathing areas, food preparation areas, laundry,
				staff work area, and areas where persons are involved in reading or other close
				work tasks;
(3) Fifty footcandles
				shall be provided on the work surface of the medication set up and distribution
				area; and
(4) Portable halogen
				lamps may not be used due to extremely high surface temperatures.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:21 - Electrical convenience outlets

Current through Register Vol. 51, page 10, July 15, 2024
Electrical extension cords may not be used as a substitute
				  for properly installed electrical receptacles. Power strips in business office
				  areas and for entertainment centers may be used.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:22 - Infection control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop policies to address cleaning of
				  environmental surfaces, standard precautions, employee illness, and patient
				  transfer to another health care facility.
Chemicals used to sanitize, disinfect, or sterilize shall be
				  labeled to show registration with the United States Environmental Protection
				  Agency as being safe and effective for use in accordance with the procedures
				  used by the facility.
General Authority:
SDCL
					 34-12-13(1) and
					 (2).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:23 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to the occupants. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of the patients admitted to the facility. The
				  facility shall take at least the following precautions:
(1) Provide securely constructed and
				conveniently located grab bars in all toilet rooms and bathing areas used by
				patients;
(2) Provide grounded or
				double-insulated electrical equipment or protect the equipment with ground
				fault circuit interrupters. Ground fault circuit interrupters shall be provided
				in wet areas and for outlets within six feet of sinks;
(3) A portable space heater, portable halogen
				lamp, household-type electric blanket or household-type heating pad may not be
				used in a facility;
(4) Any clothes
				dryer shall have a galvanized metal vent pipe for exhaust; and
(5) The storage and transfilling of oxygen
				cylinders or containers shall meet the requirements of the NFPA 99 Standard for
				Health Care Occupancies, 2012 Edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 99 Health Care Facilities
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:24 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall submit any proposed change by new
				  construction, remodeling, or change of use of an area to the department. Any
				  change shall have the approval of the department before it is made. A written
				  narrative describing the intended use of the proposed construction shall
				  accompany the plans and specifications.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:25 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall take measures to effectively control the
				  entry, presence, and breeding of vermin. All openings around pipe, conduit, and
				  wiring or similar penetrations of the exterior wall shall be caulked to prevent
				  vermin entry. Any poisons used shall be stored safely to avoid contamination of
				  food and properly labeled and applied to protect the building
				  occupants.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:26 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of the facility shall promote the health,
				  treatment, comfort, safety, and well-being of persons accepted and retained for
				  care. The facility shall be served by good, passable roads. Easy accessibility
				  for caregivers, visitors, and fire-fighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:27 - Preventative maintenance

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop and implement a written system of
				  scheduled maintenance for building equipment, mechanical, and electrical
				  systems.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:28 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
A facility may be directed to remove or correct other
				  hazardous conditions not covered in this chapter if the department considers
				  the conditions to have the potential to cause injury or illness to any resident
				  or staff.
General Authority:
SDCL
					 34-12-13(1) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:29 - 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; and
(5) Incidents and diseases subject to
				mandatory reporting and the facility's reporting mechanisms;
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 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:03 - Fire safety and construction standards › Section 44:78:03:01 - Fire safety code requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall meet applicable fire safety standards in
NFPA 101 Life Safety Code,
2000 edition. An automatic sprinkler
				  system is not required in an existing facility unless significant renovations
				  or remodeling occurs; however, any existing automatic sprinkler system shall
				  remain in service.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2000 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:03 - Fire safety and construction standards › Section 44:78:03:02 - 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. Compliance with this section does not eliminate
				  or reduce the necessity for other provisions for safety of persons using the
				  structure under normal occupancy conditions.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Fire safety code requirements, §
											44:78:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:03 - Fire safety and construction standards › Section 44:78:03:03 - Staffing exception

Current through Register Vol. 51, page 10, July 15, 2024
A staffing exception may be allowed as follows:
(1) For each facility with 16 beds or less,
				one staff person who is awake is required if:
(a) The facility fire alarm promptly alerts
				staff;
(b) The facility is equipped
				with an automatic sprinkler system as defined in § 9.7, automatic
				sprinklers, of
NFPA 101 Life Safety Code
, 2000 edition;
(c) An automatic fire alarm dialer as defined
				in § 9.6.4, Emergency Forces Notification, of
NFPA 101 Life Safety
				Code
, 2000 edition, to summon the local fire department is provided;
				and
(d) The clients have an
				evacuation time which shows them capable of evacuation in five minutes or
				less.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:03 - Fire safety and construction standards › Section 44:78:03:04 - Fire extinguishers

Current through Register Vol. 51, page 10, July 15, 2024
Fire extinguishers that are at least 2-A:10-B:C rated shall
				  be installed for general building coverage at a rate of one for each 3,000
				  square feet and one additional 2-A:10-B:C rated extinguisher also located at
				  the kitchen, laundry, and furnace room.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:03 - Fire safety and construction standards › Section 44:78:03:05 - New Construction

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this section apply to each newly licensed
				  inpatient chemical dependency treatment facility and to any renovation,
				  addition, or change in space use of currently approved existing
				  facility.
Each new construction, renovation, addition, and change of
				  space use shall comply with Article 44:78 and NFPA 101 Life Safety Code, 2012
				  edition.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 34-12-1.1 have the same meaning in
				  this article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an
				individual indicating that one or more of the following has occurred:
(a) A criminal conviction against a person
				for mistreatment toward an individual; or
(b) In the absence of a criminal conviction,
				substantial evidence that one or more of the following has occurred resulting
				in harm, pain, fear, or mental anguish:
(i)
				Misappropriation of a patient's or patient's property or funds;
(ii) An attempt to commit a crime against a
				resident or patient;
(iii) Physical
				harm or injury against a patient; or
(iv) Using profanity, making a gesture, or
				engaging in other any act made to or directed at a patient or
				patient;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:02 - Posting of License

Current through Register Vol. 51, page 10, July 15, 2024
The most current license issued by the department shall be
				  posted on the premises of the facility in a place conspicuous to the public.
				  Each facility address shall show a current license. The license certificate
				  remains the property of the department.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:03 - Name of hospice

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice shall be designated by a pertinent and
				  distinctive name that shall be used in applying for a license. The name may not
				  be changed without first notifying the department in writing. No hospice may be
				  given a name or advertise in a way that implies services rendered are in excess
				  of the classification for which it is licensed or which would indicate an
				  ownership other than actual.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:04 - Bed capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the bed capacity of each
				  hospice pursuant to the physical plant and space provisions of this article.
				  The patient census may not exceed the bed capacity for which the facility is
				  licensed. A request by the hospice for an adjustment in bed capacity because of
				  change of purpose or construction shall be approved by the department before
				  any changes are made.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:05 - Restrictions on acceptance of patients

Current through Register Vol. 51, page 10, July 15, 2024
A hospice shall accept patients in accordance with the
				  following restrictions:
(1) The
				hospice facility shall be certified by the Centers for Medicare and Medicaid
				Services as a Medicare certified hospice providing inpatient hospice
				services;
(2) A patient accepted
				for care by a hospice shall be housed within the facility covered by the
				license;
(3) A hospice may not
				accept or retain a patient who requires care in excess of the classification
				for which it is licensed;
(4)
				Personnel essential to maintaining adequate staff may not leave a hospice
				during the persons tour of duty in the hospice to provide services to a person
				who is not patient of the hospice with the exception of providing emergency
				care on premises contiguous to the hospice's property; and
(5) A hospice facility may only admit and
				retain a patient certified by a physician as terminally ill.
General Authority:
SDCL
					 34-12-7,
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-7,
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:06 - Joint occupancy

Current through Register Vol. 51, page 10, July 15, 2024
The use of a portion of a building for a purpose other than
				  that covered by the license may be approved by the department only if it can be
				  shown that joint occupancy is not detrimental to the welfare of the patients.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:07 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall fax, email, or mail to the department
				  the pertinent data necessary to comply with the requirements of all applicable
				  administrative rules and statutes.
Any incident or event where there is reasonable cause to
				  suspect abuse or neglect of any patient by any person shall be reported within
				  24 hours of becoming informed of the alleged incident or event. The facility
				  shall report each incident or event orally or in writing to the states attorney
				  of the county in which the facility is located, to the Department of Social
				  Services, or to a law enforcement officer. The facility shall report each
				  incident or event to the department within 24 hours, and conduct a subsequent
				  internal investigation and provide a written report of the results to the
				  department within five working days after the event.
Each facility shall report to the department within 48 hours
				  of the event any death resulting from other than natural causes originating on
				  facility property such as accidents or suicide. The facility shall conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each facility shall report a missing patient to the
				  department within 48 hours. The facility shall conduct a subsequent internal
				  investigation and provide a written report of the results to the department
				  within five working days after the event.
Each facility shall also report to the department as soon as
				  possible any fire with damage or where injury or death occurs; any partial or
				  complete evacuation of the facility resulting from natural disaster; or any
				  loss of utilities, such as electricity, natural gas, telephone, emergency
				  generator, fire alarm, sprinklers, and other critical equipment necessary for
				  operation of the facility for more than 24 hours.
Each facility shall notify the department of any anticipated
				  closure or discontinuation of service at least 30 days in advance of the
				  effective date.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:08 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days of the receipt of the statement of
				  deficiencies, each hospice shall submit to the department a written plan of
				  correction for the citation of noncompliance with licensure requirements. The
				  plan of correction shall be signed, dated, and on forms provided by the
				  department. The department may reject the plan of correction if there is no
				  evidence the plan will cause the hospice to attain or maintain compliance with
				  SDCL chapter 34-12 and this article.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:09 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
A modification to the staffing requirements provided in
				  §
									44:79:03:02 may be approved by the
				  department for licensed hospices which are physically combined and jointly
				  operated. The health and safety of the patient either facility may not be
				  jeopardized. A modification pursuant to this section may be requested in
				  writing by the hospice.
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 44:79 - Inpatient hospice facilities › Chapter 44:79:01 - Rules of general applicability › Section 44:79:01:10 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:79 limits or expands the rights of any
				  healthcare worker to provide services within the scope of the professional's
				  license, certification, or registration, as provided by South Dakota
				  law.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall be designed, constructed, maintained, and
				  operated to minimize the sources and transmission of infectious diseases to
				  clients, personnel, visitors, and the community at large.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
No pet kept in or visiting a hospice may negatively affect
				  the well-being of a patient.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Physically disabled, blind or deaf person's right to be
					 accompanied by guide dog without extra charge, SDCL
					 20-13-23.2.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:03 - Cleaning methods and facilities

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall have supplies, equipment, work areas, and
				  complete written procedures for cleaning, sanitizing, or disinfecting all work
				  areas, equipment, utensils, and medical devices used for patient's care. Common
				  use equipment shall be disinfected after each use. Facilities shall have a
				  separate clean and soiled utility rooms. All parts of the hospice shall be kept
				  clean, neat, and free of visible soil, litter, or rubbish.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:04 - Chemicals used to sanitize, disinfect, or sterilize

Current through Register Vol. 51, page 10, July 15, 2024
The label of chemicals used to sanitize, disinfect, or
				  sterilize shall indicate registration with the Environmental Protection Agency
				  as effective, safe, and approved for their intended use.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:05 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
If an in-house food service is provided, the hospice shall
				  meet the safety and sanitation procedures for food service in §§
									44:02:07:01,
				  44:02:07:02, and 44:02:07:04 to
				  44:02:07:95, inclusive, the Food Service Code. The hospice shall have the
				  space, equipment, supplies, and mechanical systems for efficient, safe, and
				  sanitary food preparation. If the hospice food service is contracted out, the
				  contractor shall be a licensed food service establishment that is inspected by
				  a local, state, or federal authority. The facility shall ensure that food is
				  prepared and served in a manner that is safe and palatable. 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 (five degrees centigrade) and
				  served promptly after being removed from the holding device.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
Note:
Article 44:02, Lodging and Food Service,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for
					 $4.14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:06 - Handwashing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Handwashing facilities consisting of hot and cold running
				  water dispensed through a mixing faucet controlled with blade handles or other
				  hands-free controls, a towel dispenser with single-service towels or a
				  hand-drying device, and hand cleanser shall be located at dietary areas,
				  utility rooms, staff stations, laundry, and all toilet rooms not directly
				  connected to resident rooms. A handwashing facility shall be provided in each
				  resident room. If existing faucets and controls are replaced or changed, they
				  shall be replaced with mixing faucets controlled with blade handles or other
				  hands-free controls.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
Plumbing fixtures, §
											44:80:10:21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:07 - Linen

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall contract with a commercial laundry service
				  or the laundry service of another licensed health care facility for all common
				  use linens if laundry services are not provided on the premises. The facility
				  shall process laundry following the laundry equipment and cleaning agent
				  recommendations. A hospice providing laundry services shall have adequate space
				  and equipment for the safe and effective operation of the laundry service.
				  Closed containers shall be used during transport and the arrangement of
				  equipment and the handling of linens shall prevent soiled linens from
				  contacting the processed clean linens. Air flow in the linen processing shall
				  be from clean processing areas toward the soiled holding and sorting area.
				  Clean linens shall be covered during transport to storage
				  areas.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:08 - Infection control

Current through Register Vol. 51, page 10, July 15, 2024
The infection prevention and control program shall utilize
				  the concept of standard precautions. Bloodborne pathogen control shall be
				  maintained according to the requirements contained in
				  29 C.F.R.
				  1910.1030, July 1, 2006. The hospice shall
				  designate an employee to be responsible for the implementation of the infection
				  control program including surveillance and reporting activities. There shall be
				  written procedures that govern the use of aseptic techniques and procedures in
				  all areas of the facility. Each hospice shall develop policies and procedures
				  for the handling and storage of potentially hazardous substances (including lab
				  specimens). There shall be a method of control if sterilize supplies are used
				  and a written policy if sterile supplies are reprocessed. The hospice shall
				  provide orientation and continuing education to all personnel on the cause,
				  effect, transmission, prevention, and elimination of infections. Each hospice
				  shall develop a written policy for evaluation and reporting of any employee
				  with a reportable infectious disease.
General Authority:
SDCL
					 34-12-13(1),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:09 - Refuse and waste disposal

Current through Register Vol. 51, page 10, July 15, 2024
Garbage, refuse, and waste shall be handled and disposed of
				  in a safe and sanitary manner. Final disposal of all refuse and waste shall
				  comply with articles 74:27 and 74:28. Putrescible garbage shall be removed at a
				  frequency to contain or prevent odors, insects, and vermin.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:10 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to the occupants. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of the patients admitted to the facility. The
				  hospice shall take at least the following precautions:
(1) Develop and implement a written and
				scheduled preventive maintenance program;
(2) Provide securely constructed and
				conveniently located grab bars in all toilet rooms and bathing areas used by
				patients;
(3) Provide a call system
				for each patient bed and in all toilet rooms and bathing facilities routinely
				used by patients. The call system shall be capable of being easily activated by
				the patient and shall register at a staff station. A wireless call system may
				be used;
(4) Ground fault circuit
				interrupters shall be provided in wet areas and for outlets within six feet of
				sinks;
(5) A portable space heater,
				portable halogen lamp, household-type electric blanket, or household-type
				heating pad may not be used in a facility;
(6) Any light fixture located over a patient
				bed, in any bathing or treatment area, in a clean supply storage room, in any
				laundry clean linen storage area, or in any medication set-up area shall be
				equipped with a lens cover or a shatterproof lamp;
(7) Any clothes dryer shall have a galvanized
				metal vent pipe for exhaust; and
(8) The storage and transfilling of oxygen
				cylinders or containers shall meet the requirements of the NFPA 99 Standard for
				Health Care Occupancies, 2012 Edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 99 Health Care Facilities
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $66.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:11 - Area requirements for currently licensed patient rooms

Current through Register Vol. 51, page 10, July 15, 2024
Each currently licensed hospice patient room shall have at
				  least 120 square feet (11.15 square meters) of floor space per bed, exclusive
				  of closets and wardrobes. Each hospice shall have 10 square feet (0.93 square
				  meters) of general storage for each bed. A total of 40 square feet (3.72 square
				  meters) of dining and lounge area for each patient shall be provided in a
				  facility. Each hospice shall be constructed, equipped, and operated to maintain
				  the privacy, comfort, and dignity of all patients.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
Area requirements for new construction or renovations,
					 §
											44:79:10:08(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:12 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of a hospice shall promote the health,
				  treatment, comfort, safety, and well-being of persons accepted and retained for
				  care.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:13 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply shall be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Environment and Natural Resources. Private water supplies shall have a water
				  sample bacteriologically tested at least monthly. The volume of water shall be
				  sufficient for the needs of the facility, including fire fighting requirements.
				  The hot water system shall be capable of supplying the work and patient areas
				  with water at the required temperatures. Maximum hot water temperatures at
				  plumbing fixtures used by patients may not exceed 125 degrees Fahrenheit (52
				  degrees centigrade). The minimum temperature of hot water for patient use shall
				  be at least 100 degrees Fahrenheit (38 degrees centigrade).
Each water supply system shall maintain one part per million
				  free residual chlorine at remote point-of-use fixtures in the facility or may
				  use another bacteriological control method, such as increasing water
				  temperature range from 122 degrees to 125 degrees Fahrenheit (50-52 degrees
				  centigrade), that has been demonstrated to be equivalent in control of
Legionella
. The facility shall document water temperatures to
				  verify the hot water temperature is being maintained within the acceptable
				  range. The chlorine testing shall be done daily using photocell and light
				  source DPD (N, N, Diethyl-p-phenylenediamine) test kits, and the test results
				  logged. If testing demonstrates that consistent chlorine levels are maintained,
				  the frequency of testing may be reduced to a level necessary to demonstrate
				  compliance.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Standards adopted for plumbing -- Conformity to National
					 Code, SDCL
					 36-25-15; Scope and objectives of
					 plumbing standards and rules, SDCL
					 36-25-15.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:02 - Physical environment › Section 44:79:02:14 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
A hospice may be directed to remove or correct other
				  hazardous conditions not covered in this chapter if the department considers
				  the conditions to have a potential to cause injury or illness to the patients
				  or staff.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:03 - Fire protection › Section 44:79:03:01 - Fire safety code requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice shall meet applicable fire safety standards in
NFPA 101 Life Safety Code,
2000 edition.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2000 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $ 93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:03 - Fire protection › Section 44:79:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each hospice 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 hospice, 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, §
											44:79:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:03 - Fire protection › Section 44:79:03:03 - Detached structures

Current through Register Vol. 51, page 10, July 15, 2024
A detached structure or auxiliary building used for
				  combustible storage or vehicle parking built adjacent to, but not directly
				  attached to, a hospice shall either be separated from the facility by a minimum
				  distance of 20 feet, equipped with automatic sprinkler protection, or provided
				  with two-hour fire rated separation.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:01 - Governing body

Current through Register Vol. 51, page 10, July 15, 2024
Each facility operated by limited liability partnership, a
				  corporation, or political subdivision shall have an organized governing body
				  legally responsible for the overall conduct of the facility. If the facility is
				  operated by an individual or partnership, the individual or partnership shall
				  carry out the functions in this chapter pertaining to the governing body. The
				  governing body shall establish and maintain administration policies,
				  procedures, or bylaws governing the operation of the
				  facility.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:02 - Administrator

Current through Register Vol. 51, page 10, July 15, 2024
The governing body shall designate a qualified administrator
				  to represent the owner or governing body and to be responsible for the daily
				  overall management of the facility. The administrator shall designate a
				  qualified person to represent the administrator during the administrator's
				  absence. The governing body shall notify the department in writing of any
				  change of administrator.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:03 - Personnel

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall have a sufficient number of qualified
				  personnel to provide effective and safe care. Written job descriptions and
				  personnel policies and procedures shall be made available to personnel of all
				  departments and services. The hospice may not knowingly employ any person with
				  a conviction for abusing another person. The hospice 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 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:04 - Personnel training

Current through Register Vol. 51, page 10, July 15, 2024
The hospice 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 hospice shall conduct fire drills quarterly for
				each shift to train all staff. Silent or code announcement drills may be
				conducted;
(2) Emergency procedures
				and preparedness;
(3) Infection
				control and prevention;
(4)
				Accident prevention and safety procedures;
(5) Proper use of restraints;
(6) Patient rights;
(7) Hospice philosophy and death &
				dying;
(8) Confidentiality of
				patient information;
(9) Incidents
				and diseases subject to mandatory reporting and the hospices reporting
				mechanisms;
(10) Care of patients
				with special or unique needs; and
(11) Dining assistance, nutritional risks,
				and hydration needs of patients.
Any personnel whom the hospice determines will have no
				  contact with patients are exempt from training required by subdivisions (5),
				  (7), (9), (10) and (11) of this section.
Additional personnel education shall be based on hospice
				  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 44:79 - Inpatient hospice facilities › Chapter 44:79:04 - Management and administration › Section 44:79:04:05 - Employee health program

Current through Register Vol. 51, page 10, July 15, 2024
The hospice shall have an employee health program for the
				  protection of the patients. 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 hospice may not allow anyone with a communicable disease, during the
				  period of communicability, to work in a capacity that would allow spread of the
				  disease. Any personnel absent from duty because of a reportable communicable
				  disease which may endanger the health of patients and fellow employees may not
				  return to duty until they are determined by a physician, 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.