reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:12 - Qualifications of supplemental personnel

Current through Register Vol. 51, page 10, July 15, 2024
Supplemental personnel may assist with the instruction of
				  nurse aides. One year of experience in the individual's respective field of
				  practice is required.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:13 - Supervision of students

Current through Register Vol. 51, page 10, July 15, 2024
A student in a nurse aide training program may not perform
				  any services unless they have been trained and found to be proficient by the
				  instructor. Students in a training program may perform services only under the
				  supervision of a licensed nurse.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:14 - Physical facilities

Current through Register Vol. 51, page 10, July 15, 2024
Classrooms, conference rooms, laboratories, and equipment
				  shall be available in the number and size to accommodate the number of nurse
				  aides enrolled in the training program. Programs shall provide temperature
				  control, lighting, and clean, safe conditions for
				  instruction.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:15 - Nurse aide curriculum

Current through Register Vol. 51, page 10, July 15, 2024
The curriculum of the nurse aide training program shall
				  address the medical, psychosocial, physical, and environmental needs of the
				  patients or residents served by the nursing facility. Each unit of instruction
				  shall include behaviorally stated objectives with measurable performance
				  criteria. The nurse aide training program shall consist of at least 75 hours of
				  classroom and clinical instruction, including the following:
(1) Sixteen hours of training in the
				following areas before the nurse aide has any direct contact with a patient or
				resident:
(a) Communication and interpersonal
				skills;
(b) Infection
				control;
(c) Safety/emergency
				procedures, including the Heimlich maneuver;
(d) Promoting patients' and residents'
				independence;
(e) Respecting
				patients' and residents' rights; and
(f) Abuse, neglect, and misappropriation of
				resident property;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:16 - Equivalency of education

Current through Register Vol. 51, page 10, July 15, 2024
An individual may meet the 75-hour training requirement by
				  equivalency of education. A facility shall make a request to the department in
				  writing for an equivalency determination, including proof of training with the
				  request.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:17 - Nurse aide competency evaluation program standards

Current through Register Vol. 51, page 10, July 15, 2024
A nurse aide competency evaluation program shall meet the
				  following standards:
(1) The nurse aide
				shall be informed by the facility that a record of successful completion of the
				evaluation will be included in the registry;
(2) The evaluation shall consist of two
				elements:
(a) The competency evaluation
				component may be offered as either a written or oral examination. This
				component of the evaluation shall:
(i) Include
				each curriculum requirement specified in §
											44:74:02:15;
(ii) Be developed from a pool of test
				questions, with no more than 20 percent of prior questions used on a succeeding
				examination;
(iii) Use a system
				that prevents disclosure of the content of the examination; and
(iv) If oral, be read from a prepared text in
				a neutral manner;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:18 - Competency evaluation program administration standards

Current through Register Vol. 51, page 10, July 15, 2024
The competency evaluation may be administered by a facility.
				  The entity that administers competency evaluations shall meet the requirements
				  of this section and shall have the approval of the department:
(1) The written or oral examination shall be
				administered by an individual with previous group testing experience;
(2) The skills demonstration shall be
				administered by a registered nurse who has at least one year's experience in
				providing care for the elderly or the chronically ill and who has taken a
				skills demonstration rater training course;
(3) The skills demonstration shall be
				conducted in a facility or laboratory setting comparable to the setting in
				which the nurse aide functions and shall accommodate the number of nurse aides
				enrolled in the competency evaluation program.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:19 - Facility proctoring of examination

Current through Register Vol. 51, page 10, July 15, 2024
The written, oral, or skills demonstration examination may
				  be conducted in a facility and proctored by facility personnel if the facility
				  obtains department approval before giving the examinations. The facility shall
				  ensure that the examination is secure from tampering. Department approval may
				  be withdrawn if there is evidence of tampering. Scoring of the examination
				  shall be done by the professional testing company under contract with the
				  department to administer the examination.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:20 - Notification to individual regarding successful or unsuccessful completion of the competency evaluation program

Current through Register Vol. 51, page 10, July 15, 2024
The facility offering the examination shall advise in
				  advance any individual who takes a competency evaluation that a record of the
				  successful completion of the evaluation will be included in the registry. To be
				  listed in the registry, a nurse aide shall pass the written or oral portion and
				  the skills demonstration portion of the competency evaluation with a score of
				  at least 75 percent. If the nurse aide does not achieve a score of 75 percent,
				  the facility shall advise the nurse aide of the areas failed. The nurse aide
				  may have two additional opportunities to complete evaluation
				  successfully.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:21 - Operation of nurse aide registry

Current through Register Vol. 51, page 10, July 15, 2024
The department is accountable for the operation of the nurse
				  aide registry and may designate an entity to maintain the registry. A nurse
				  aide is listed on the registry through application or by endorsement. The
				  department shall provide a copy of all information contained in the registry on
				  an individual upon request. The public may contact the department at South
				  Dakota Department of Health, Office of Licensure and Certification, 615 East
				  4th Street, Pierre, South Dakota 57501, or by
				  calling 605-773-3356, to obtain information from the registry between the hours
				  of 8:00 a.m. and 5:00 p.m. central time, Monday through Friday, except for
				  state and federal holidays.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:22 - Registry status by application

Current through Register Vol. 51, page 10, July 15, 2024
A nurse aide seeking registry status shall submit to the
				  department an application, completed by the program coordinator or primary
				  instructor, documenting successful completion of an approved training program.
				  The entity responsible for scoring the nurse aide competency evaluation program
				  shall submit documentation of successful completion of the written or oral
				  examination and the skills demonstration of the competency evaluation to the
				  department within 30 days after the administration of the evaluation.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:23 - Registry status by endorsement

Current through Register Vol. 51, page 10, July 15, 2024
A nurse aide seeking registry status by endorsement from
				  another state registry shall submit to the department the following
				  information:
(1) A completed
				application;
(2) Written
				documentation indicating successful completion of another state's approved
				nurse aide training and competency evaluation program;
(3) Verification of initial listing on the
				nurse aide registry in another state;
(4) Verification of listing on a nurse aide
				registry from the state of most recent employment; and
(5) Documentation of employment as a nurse
				aide within the last 24 consecutive months.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:24 - Registry content

Current through Register Vol. 51, page 10, July 15, 2024
The registry contains the following information for each
				  nurse aide who has gained registry status:
(1) The full name of the nurse aide,
				including maiden name and any surnames used;
(2) The last known home address;
(3) The registration number;
(4) The date the registry status
				expires;
(5) The date of
				birth;
(6) The most recent
				employment;
(7) The date of
				successful completion of the examination and skills demonstration components of
				the competency evaluation;
(8) The
				name and address of the professional testing service that scored the competency
				evaluations taken by the nurse aide; and
(9) Any disciplinary proceedings against the
				nurse aide, including findings of abuse, neglect, or misappropriation of
				patient or resident property as specified in §
									44:74:02:30.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:25 - Renewal of certification

Current through Register Vol. 51, page 10, July 15, 2024
certification expires two years from the date of initial
				  registration. To renew certification, the nurse aide shall submit to the
				  department a verification of a minimum of 12 hours of training per year as
				  required in §
									44:74:02:02(4)
				  and a minimum of 12 hours of monetary compensation as a nurse aide during the
				  preceding 24 months. An individual who has not performed the training and the
				  required nursing or nursing-related services for monetary compensation during
				  the preceding 24 consecutive months shall complete a new competency evaluation
				  program. The department may grant an exception to § 44:74:02:25 for a
				  nurse aide called to active military service. The nurse aide shall provide
				  evidence of active duty, such as a copy of duty orders. The exemption for
				  renewal ceases six months after discharge from active military
				  service.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:26 - Grounds for revocation, denial, or suspension of nurse aide certification

Current through Register Vol. 51, page 10, July 15, 2024
The department may revoke, deny, or suspend a nurse aide's
				  certification if the department determines after a contested case hearing
				  pursuant to SDCL chapter 1-26 that the nurse aide has violated the meaning of
				  abuse, neglect, or misappropriation of resident property as those terms are
				  defined in §
									44:74:01:01. The department may
				  also revoke, deny, or suspend a nurse aides certification if the nurse aide
				  waives his or her right to a case hearing in accordance with §
									44:74:02:29. Certification may be
				  suspended by the department during the investigation of an allegation of abuse,
				  neglect, or misappropriation of resident property by a nurse aide following due
				  process as outlined in §
									44:74:02:29. The department may
				  revoke, deny, or suspend a nurse aides certification, following due process as
				  outlined in §
									44:74:02:29, if the department
				  determines the nurse aides certification has been revoked, suspended, or denied
				  in another state.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:27 - Mandatory reporting of allegations

Current through Register Vol. 51, page 10, July 15, 2024
A facility licensed by the department shall notify the
				  department in writing, within 48 hours, of any alleged misconduct by a nurse
				  aide related to abuse or neglect of an individual or to misappropriation of a
				  patient's or resident's property.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:28 - Investigation of allegations

Current through Register Vol. 51, page 10, July 15, 2024
After an allegation of abuse, neglect, or misappropriation
				  of resident property, the facility shall take steps to prevent further
				  incidents of abuse, neglect, or misappropriation of resident property from
				  occurring, investigate allegations thoroughly, and take any corrective action
				  necessary. The facility shall report its findings to the department within five
				  working days. The department, or another agency of state government, may
				  conduct its own investigation in addition to the facility's
				  investigation.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:29 - Notice and hearing process

Current through Register Vol. 51, page 10, July 15, 2024
The department shall follow the contested case procedure
				  found in SDCL chapter 1-26 if a hearing is conducted:
(1) To determine if a nurse aide has engaged
				in abuse, neglect, or misappropriation of resident property of an individual;
				or
(2) When the department denies a
				petition to remove a finding of neglect from the registry.
If the department has determined abuse, neglect, or
				  misappropriation of resident property of an individual has occurred, a notice
				  of the right to a hearing will be sent to the nurse aide. The notice shall
				  state the aide has 30 days from receipt of the notice to respond. The notice
				  shall include a waiver of hearing. Failure to return the waiver or failure to
				  request a hearing within 30 days waives the right to a
				  hearing.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:30 - Documentation of substantiated allegations on registry

Current through Register Vol. 51, page 10, July 15, 2024
If, after a hearing on the matter, the nurse aide is found
				  to have committed abuse, neglect, or misappropriation of resident property of
				  an individual, the department shall update the registry with documentation
				  within 10 days from the date of the ruling. If a waiver of hearing is received,
				  the department shall update the nurse aides registry status. The documentation
				  remains on the registry permanently and includes the following:
(1) A summary of the allegation;
(2) A summary of the department's
				investigative report;
(3) The
				statement by the nurse aide, if one is provided;
(4) The department's decision;
(5) The waiver of the hearing, if any;
				and
(6) A date of the hearing,
				findings of fact, and conclusions of law, and the outcome, if a hearing is
				held.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:74 - Nurse aide › Chapter 44:74:02 - Nurse aides › Section 44:74:02:31 - Procedure to remove of a finding of neglect from registry

Current through Register Vol. 51, page 10, July 15, 2024
A certified nurse aide may petition for a removal of a
				  finding of neglect after one year beginning on the date on which the finding
				  was placed on the certified nurse aide registry.
If the department determines the employment and personal
				  history of the certified nurse aide does not reflect a pattern of abusive
				  behavior or neglect and the neglect in the original finding was a singular
				  occurrence, the department may remove the finding from the registry.
The department may deny the petition if the employment and
				  personal history of the certified nurse aide reflects a pattern of abusive
				  behavior or neglect and the neglect involved in the original finding was not a
				  singular occurrence. The department shall follow the procedure as provided in
				  §
									44:74:02:29.
General Authority:
SDCL
					 34-12-29.
Law Implemented:
SDCL
					 34-12-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Abuse," shown by a criminal conviction
				for, or substantial evidence of:
(a) Emotional
				or psychological abuse as defined in SDCL
				22-46-1(4);
(b) Exploitation as defined in SDCL
				22-46-1(5);
				or
(c) Physical abuse as defined in
				SDCL 22-46-1(7);
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:02 - Licensure of facilities by classification

Current through Register Vol. 51, page 10, July 15, 2024
Each health care facility shall identify the classification
				  of facility on the application for licensure. The license shall include each
				  facility address at which services licensed under this chapter are provided. A
				  facility shall comply only with those chapters in this article that apply to
				  the classification of license issued. Each facility address shall post the
				  current license in a place conspicuous to the public. The license 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:02.01 - Designation of rural emergency hospital

Current through Register Vol. 51, page 10, July 15, 2024
A facility may be certified as a rural emergency hospital
				  if, as of December 27, 2023, the facility was:
(1) A critical access hospital;
(2) A hospital as defined in section
				1886(d)(1)(B) of the Social Security Act,
				42 U.S.C. §§
										301 -1940, with not more than fifty beds
				located in an area designated by state or federal law as a rural area;
				or
(3) A hospital as defined in
				section 1886(d)(1)(B) of the Social Security Act,
				42 U.S.C. §§
										301 -1940, with not more than fifty beds that
				was treated as being located in a rural area that has had an active
				reclassification from urban to rural status.
Any facility licensed as a rural emergency hospital shall
				  have in effect a provider agreement with the Centers for Medicare and Medicaid
				  Services.
General Authority:
SDCL
					 34-12-7,
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:02.02 - Rural emergency hospital - Services

Current through Register Vol. 51, page 10, July 15, 2024
Any facility licensed as a rural emergency hospital shall
				  provide emergency department services, observation care, outpatient medical
				  care, and other health care services with a patient length of stay of less than
				  twenty-four hours. A rural emergency hospital may not provide inpatient
				  services, except those furnished in a unit that is a distinct part of the rural
				  emergency hospital and is licensed as a skilled nursing facility to furnish
				  posthospital extended care services.
General Authority:
SDCL
					 34-12-7;
					 34-12-13 (5).
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:03 - Name of facility

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall designate a pertinent and distinctive
				  name that is used in applying for a license. The facility name may not imply
				  services rendered in excess of the facility's licensure classification. The
				  governing body of the facility or designee must provide prior written notice to
				  the department of any name change for the facility.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:04 - Bed capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the bed capacity of each
				  facility in accordance with ARSD chapters 44:75:13 and 44:75:14. The patient
				  census may not exceed the bed capacity for which the facility is licensed. A
				  request by the facility for an adjustment in bed capacity because of change of
				  purpose or construction shall be approved by the department before any changes
				  are made. A critical access hospital (CAH) may license no more than twenty-five
				  beds. A CAH may establish a distinct part that meets requirements for such beds
				  as established for a short-term, general hospital. Those beds may not count
				  toward the CAH bed limit, and the total number in each distinct part may not
				  exceed ten.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:05 - Acceptance and retention of patients

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall accept and retain patients based on the
				  facility's capabilities to meet the needs of the patients. The facility may
				  accept or retain patients in accordance with the services provided in
				  accordance with the facility's classification as determined by the governing
				  body, and with acceptable written policies and procedures for the
				  following:
(1) A patient accepted for
				care by a licensed facility shall be housed and treated within the
				facility;
(2) Healthcare personnel
				and other personnel essential to maintaining sufficient personnel may not leave
				a facility during their tour of duty in the facility to provide services to
				individuals who are not patients of the facility with the exception of
				providing emergency care on premises contiguous to the facility's
				property;
(3) A hospital which
				accepts or retains a patient for other than short-term acute care shall provide
				the facilities, equipment, programs, and care needed by the patient;
(4) Each facility that accepts or retains a
				patient with a developmental disability, as defined in SDCL
				27B-1-18, or mental disease that
				causes a patient to lack sufficient understanding or capacity to make
				responsible decisions to meet the ordinary demands of life, as evidenced by the
				person's behavior, or that causes the person to be a danger to self or other,
				shall provide facilities and programs consistent with the needs of the
				patients;
(5) If a person other
				than an impatient is accepted for care or to participate in any programs,
				service, or activity for an inpatient, the person shall be included in the
				evaluation of staffing of nursing, dietary, and activity programs; and the
				provision of an infection control program. Services provided to persons other
				than inpatients may not infringe upon the needs of the inpatients;
				and
(6) A critical access hospital
				may provide inpatient acute care up to an annual average length of stay of
				ninety-six hours.
A facility may not accept or retain a patient who requires
				  care in excess of the classification for which it is licensed.
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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:06 - 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:07 - Reports to the department

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall report the following events to the
				  department through the department's online reporting system within twenty-four
				  hours of the discovery of the event:
(1) Any incident or event where there is
				reasonable cause to suspect abuse or neglect of any patient by any
				person
(2) Any death resulting from
				other than natural causes originating on facility property
(3) A missing patient
(4) A fire in the facility
(5) Any loss of utilities, emergency
				generator, fire alarm, sprinklers, and other critical equipment necessary for
				operation of the facility for more than 2 4 twenty-four hours; or
(6) Any unsafe water samples for pools or
				spas.
The facility shall conduct an internal investigation for the
				  event and report the results to the department no later than five working days
				  after the event.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:07.01 - Reports to the Department of Human Services, law enforcement or state's attorney

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall report an event involving an attempted
				  suicide or any reasonable cause to suspect abuse or neglect of any resident by
				  any person within twenty-four hours of the discovery of the event orally or in
				  writing to the Department of Human Services, to a law enforcement officer, or
				  to the state's attorney of the county in which the facility is
				  located.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:08 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within ten days of the receipt of the statement of
				  deficiencies, each licensed facility 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 the
				  original forms provided by the department. The department may reject the plan
				  of correction if there is no evidence the plan will cause the facility 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:09 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
The department may approve modifications to the staffing
				  requirements provided in §
									44:75:03:02 or
				  44:75:06:05 for facilities that
				  are physically combined and jointly operated if:
(1) A hospital and nursing facility are
				co-located and the nursing facility has a licensed bed capacity of sixteen or
				less or the hospital has an acute care patient daily census of less than five:
				or
(2) A hospital or a critical
				access hospital and assisted living center are co-located.
The health and safety of the patients or residents in either
				  facility may not be jeopardized.
Modifications to the staffing requirements in this article
				  may be approved by the department for a critical access hospital if there are
				  no acute care or swing bed patients present.
A modification specified by this section may be requested by
				  the health care facility.
General Authority:
SDCL
					 34-12-13(5)(14).
Law Implemented:
SDCL
					 34-12-13(5)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:01 - Rules of general Applicability › Section 44:75:01:10 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:75 limits or expands the rights of any
				  healthcare personnel to provide services within the scope of the personnel's
				  license, certification, or registration, as provided by 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall be designed, constructed, maintained, and
				  operated to minimize the sources and transmission of infectious diseases to
				  patients, personnel, visitors, and the community at large. This requirement
				  shall be accomplished by providing the physical resources, personnel, and
				  technical expertise necessary to ensure good public health practices for
				  institutional sanitation.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
No pet kept in or visiting a facility 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:03 - Cleaning methods and facilities

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have supplies, equipment, work areas, and
				  complete written procedures for cleaning, sanitizing, disinfecting, or
				  sterilizing all work areas, equipment, utensils, and medical devices used for
				  patients' care. Common use equipment shall be disinfected or sterilized after
				  each use. Facilities shall have separate clean and soiled utility
				  rooms.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:04 - 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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:05 - Sterilization

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall decontaminate any instruments, supplies,
				  utensils, and equipment that are not single service before sterilization in a
				  manner that will make them safe for handling by personnel. Supplies and
				  equipment commercially prepared and sterilized to retain sterility indefinitely
				  are acceptable in lieu of sterilization in the facility. Autoclaves used for
				  steam sterilization shall be bacteriologically monitored at least weekly.
				  Supplies and equipment sterilized and packaged in the facility shall have the
				  processing date, the sterilizer number or unique identifier if more than one
				  sterilizer is used, the cycle or load number, description of the contents, and
				  identifier of the assembler on the package and shall be reprocessed in
				  accordance with any specific manufacturer's recommendation for sterilization
				  and packaging.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:06 - Housekeeping cleaning methods and equipment

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish written housekeeping procedures
				  for the cleaning of all areas in the facility and copies made available to all
				  housekeeping personnel. All parts of the facility shall be kept clean, neat,
				  and free of visible soil, litter, and rubbish. Equipment and supplies shall be
				  provided for cleaning of all surfaces. Such equipment shall be maintained in a
				  safe, sanitary condition. Hazardous cleaning solutions, chemicals, poisons, and
				  substances shall be labeled, stored in a safe place, and kept in an enclosed
				  section separate from other cleaning materials. Cleaning of areas designed for
				  patient use shall be performed by dustless methods that minimize the spread of
				  pathogenic organisms in the facility's atmosphere. Each vacuum used in medical
				  facilities shall be equipped to provide effective discharge air filtration of
				  particles larger than 0.3 microns. Cleaning shall include all environmental
				  surfaces within the facility that are subject to contamination from dust,
				  direct splash, or pathogenic organisms except medical equipment, supplies, or
				  devices that are the responsibility of other services or departments of the
				  facility.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:07 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
Food service must be provided by a facility licensed in
				  accordance with SDCL chapter 34-12 or food service establishment licensed in
				  accordance with SDCL chapter 34-18 that is inspected by a local, state, or
				  federal agency. The facility 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. A facility of seventeen beds or more shall have a
				  mechanical dishwasher. The facility shall have the space, equipment, supplies,
				  and mechanical systems for efficient, safe, and sanitary food preparation if
				  any part of the food service is provided by the facility.
General Authority:
SDCL
					 34-12-13(5)(8).
Law Implemented:
SDCL
					 34-12-13(5)(8).
Cross-Reference
: Food Service Code, chapter
					 44:02:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:08 - 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 shall be controlled with blade handles
				  or hands-free controls, a towel dispenser with single-service towels or a
				  hand-drying device, and wallmounted hand cleanser dispenser must be located in
				  dietary areas, utility rooms, nurses' stations, pharmacies, laboratories,
				  nurseries, surgical suites, delivery suites, physical therapy rooms,
				  examination and treatment rooms, emergency rooms, laundry, and all toilet
				  rooms. A handwashing facility must be provided in each patient room or in a
				  bath or toilet room connected directly to the room. If existing faucets and
				  controls are replaced or changed, they must be replaced with mixing faucets
				  controlled with blade handles or hands-free controls.
General Authority:
SDCL
					 34-12-13(1)(4).
Law Implemented:
SDCL
					 34-12-13(1)(4).
Plumbing fixtures, §
											44:75:13:29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:10 - Infection prevention and control program

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have an active facility-wide program for
				  the surveillance, prevention, and control healthcare-associated infections and
				  other infectious disease. The program must demonstrate adherence to nationally
				  recognized infection prevention and control guidelines to reduce the
				  development and transmission of healthcare-associated infections.
Each facility shall, based on recommendations from the
				  facility's medical and nursing leadership, appoint an infection prevention and
				  control director who is qualified through education, training, experience, or
				  certification in infection prevention and control, to be responsible for the
				  infection prevention and control program including:
(1) Developing and implementing policies and
				procedures for facility-wide infection surveillance, prevention, and control
				that reflect the scope and complexity of services furnished by the facility and
				maintain a clean and sanitary environment to avoid sources and transmission of
				infection;
(2) Documenting
				infection prevention, control, and surveillance activities;
(3) Communicating and collaborating with the
				quality assessment and performance program required by §
									44:75:04:14 and the antibiotic
				stewardship program required by § 44:75:02:10.01 on infection prevention
				and control issues;
(4) Ensuring
				competency-based training and education is provided to healthcare personnel;
				and
(5) Auditing adherence to the
				facility's infection prevention and control policies.
The governing body of each facility shall ensure systems are
				  in place and operational for the tracking of all infection surveillance,
				  prevention, and control activities to demonstrate implementation, success, and
				  sustainability of activities.
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 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:10.01 - Antibiotic stewardship program

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have an active facility-wide program for
				  the optimization of antibiotic use through stewardship. The program must
				  demonstrate adherence to nationally recognized best practices for improving
				  antibiotic use and reducing antibiotic-resistant organisms.
Each facility shall, based on recommendations from the
				  facility's medical and pharmacy leadership, appoint an antibiotic stewardship
				  director who is qualified through education, training, experience, or
				  certification in infectious disease or antibiotic stewardship, to be
				  responsible for the antibiotic stewardship program including:
(1) Developing and implementing policies and
				procedures for facility-wide antibiotic stewardship to monitor and improve the
				facility's use of antibiotics that reflect the scope and complexity of services
				furnished by the facility;
(2)
				Documenting antibiotic stewardship activities to include sustained
				improvements, in proper antibiotic use;
(3) Communicating and collaborating with
				medical, nursing, and pharmacy personnel and with the quality assessment and
				performance program required by §
									44:75:04:14 and the infection
				prevention and control program required by §
									44:75:02:10 on antibiotic
				stewardship issues;
(4) Ensuring
				competency-based training and education is provided to healthcare personnel on
				the practical application of antibiotic stewardship guidelines, policies, and
				procedures; and (5) Auditing adherence to the facility's antibiotic stewardship
				policies.
The governing body of each facility shall ensure a system is
				  in place and operational for the tracking of all antibiotic use activities to
				  demonstrate implementation, success, and sustainability of
				  activities.
General Authority:
SDCL
					 34-12-13(1),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:11 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
Facility plumbing systems must be designed and installed in
				  accordance with SDCL
				  36-25-15 and chapter 36-25-15.1.
				  Plumbing must be sized, installed, and maintained to carry required quantities
				  of water to required locations throughout the facility.
General Authority:
SDCL
					 34-12-13(1)(14).
Law Implemented:
SDCL
					 34-12-13(1)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:02 - PHYSICAL ENVIRONMENT › Section 44:75:02:12 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply must be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Agriculture and Natural Resources. Each private water supply must have a water
				  sample bacteriologically tested at least monthly. The volume of water shall be
				  sufficient for the needs of the facility, including firefighting requirements.
				  The hot water system must be capable of supplying the work and patient areas
				  with water at the required temperatures. The maximum temperature of hot water
				  for patient use must be one hundred twenty-five degrees Fahrenheit or fifty-two
				  degrees centigrade). The minimum temperature of hot water for patient use must
				  be one hundred degrees Fahrenheit or thirty-eight degrees centigrade. A
				  facility shall monitor water temperatures monthly, and maintain documentation
				  in accordance with facility policy.
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.