reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:06 - Total activities of daily living assistance

Current through Register Vol. 51, page 10, July 15, 2024
A facility may admit or retain a resident who requires one
				  or two personnel for total assistance with completing activities of daily
				  living. Each direct care personnel shall complete an approved certified nurse
				  aide training program pursuant to article 44:74 or equivalent program approved
				  by the department before assisting a resident who requires total assistance. In
				  the assisted living center, the registered nurse may be the program coordinator
				  and the primary instructor. The licensed nurse shall conduct and document a
				  nursing assessment as to the resident's need of total assistance initially upon
				  requiring the services, upon a significant change in the resident's condition,
				  and at least semiannually. The facility shall have a licensed nurse to work the
				  day shift at least thirty-two hours a week when any resident requires the
				  assistance of two personnel. A licensed nurse shall be on call at all times. A
				  facility who provides total assistance is not eligible for a staffing exception
				  allowed under §
									44:70:03:02.01. If a mechanical
				  lift is used, it shall be operated by at least two personnel with training
				  documented for the use of the mechanical lift. A resident toileting room and
				  bathing room must be large enough to accommodate two person
				  assistance.
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 44:70 - Assisted living centers › Chapter 44:70:05 - Nursing and related care services › Section 44:70:05:07 - Care of a resident with cognitive impairment

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall use a validated screening tool for
				  evaluation of a resident's cognitive status upon admission, yearly, and after a
				  significant change in condition.
A facility that admits or retains a resident with cognitive
				  impairment shall have the resident's physician, physician assistant, or nurse
				  practitioner determine and document if services offered by the facility
				  continue to enhance the resident's functioning in activities of daily living.
				  The physician, physician assistant, or nurse practitioner shall identify if
				  other disabilities and illnesses are impacting the resident's cognitive and
				  mental functioning. The facility shall be equipped with exit alarms installed
				  in compliance with subdivision 44:70:02:17(5).
The facility shall have policies and procedures based on the
				  facility's capabilities to meet the needs of the residents.
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 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:01 - Dietetic services

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have an organized dietetic service that
				  meets the daily nutritional needs of residents and ensures that food is stored,
				  prepared, distributed, and served in a manner that is safe, wholesome, and
				  sanitary in accordance with the provisions of §
									44:70:02:06.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:02 - Food safety

Current through Register Vol. 51, page 10, July 15, 2024
Hot food shall be held at or above 135 degrees Fahrenheit
				  (57.2 degrees centigrade) and served promptly after being removed from the
				  temperature holding device. Cold foods shall be held at or below 41 degrees
				  Fahrenheit (5 degrees centigrade) and served promptly after being removed from
				  the holding device. Milk and milk products shall be from a source approved by
				  the Department of Agriculture. Fluid milk shall be Grade A, and only fluid milk
				  may be used for drinking purposes. Grade A pasteurized dried milk may be used
				  to fortify nutritional supplements only if consumed within four hours of
				  preparation.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Permit required to produce or process milk and milk
					 products, §
											12:05:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:03 - Nutritional adequacy

Current through Register Vol. 51, page 10, July 15, 2024
The dietetic service shall ensure food prepared is
				  nutritionally adequate in accordance with the Recommended Dietary Allowances
				  and is chosen from each of the five basic food groups listed Dietary Guidelines
				  for Americans 2020 2025, United States Department of Agriculture, in accordance
				  with consideration for individual needs and reasonable
				  preferences.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Dietary Guidelines for Americans 2020-2025, United States
					 Department of Agriculture. Copies may be viewed and printed free of charge at
					 https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:04 - Food substitutions

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall offer reasonable substitutions of equal
				  nutritional value to residents who refuse or are unable to eat the food
				  served.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:05 - Food supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall maintain an on-site supply of perishable
				  and nonperishable foods adequate to meet the requirements of planned menus for
				  three days. A facility shall maintain an additional supply of nonperishable
				  foods as part of the facility's emergency preparedness plan. Military meals
				  ready to eat in an emergency event according to the facility's emergency
				  response plan.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:06 - Therapeutic diets

Current through Register Vol. 51, page 10, July 15, 2024
A facility that admits or retains any resident requiring a
				  therapeutic diet, excluding low sodium diets, shall employ or contract with a
				  dietitian. The dietitian shall approve written menus and diet extensions,
				  assess the resident's nutritional status and dietary needs, plan individual
				  diets, and provide guidance to dietary personnel in areas of preparation,
				  service, and monitoring the resident's acceptance of the diet. The frequency of
				  dietitian consultations must be at least quarterly or sooner as determined by
				  the resident's dietary need.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Optional services, §
											44:70:04:14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:07 - Social needs and dining arrangements

Current through Register Vol. 51, page 10, July 15, 2024
In each facility the dietetic service, in cooperation with
				  other departments or services, shall meet the social and environmental needs of
				  the resident and encourage eating in the common dining area. Social needs
				  include mutually compatible seating arrangements, a pleasant dining atmosphere,
				  encouragement of interactions between residents, and food service to all
				  residents at a table at approximately the same time.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:08 - Written dietetic policies

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have written policies and procedures that
				  govern all dietetic activities. The policies and procedures shall include food
				  handling procedures, length of duration for leftovers, and opened packages of
				  commercially prepared food in accordance with chapter 44:02:07. The policies
				  and procedures shall be reviewed yearly and revised as
				  necessary.
General Authority:
SDCL
					 34-12-13(5)(8).
Law Implemented:
SDCL
					 34-12-13(5)(8).
Food Service Code, chapter
					 44:02:07.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:09 - Written menus

Current through Register Vol. 51, page 10, July 15, 2024
Any regular or therapeutic menu, including therapeutic diet
				  menu extensions for all diets served in the facility, must be written,
				  prepared, and served as prescribed by each resident's physician, physician
				  assistant, nurse practitioner, or dietitian. Each menu shall be written at
				  least one week in advance. Each planned menu shall be approved, signed, and
				  dated annually by the dietitian for all facilities except a facility without
				  therapeutic diet services. Any menu changes from month to month shall be
				  reviewed by the dietitian. Each menu as served must meet the nutritional needs
				  of the residents in accordance with the physician's, physician assistant's,
				  nurse practitioner's, or dietitian's orders Dietary Guidelines for Americans
				  2020-2025, United States Department of Agriculture. A record of each menu as
				  served must be filed and retained for thirty days.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Dietary Guidelines for Americans 2020-2025, United States
					 Department of Agriculture. Copies may be viewed and printed free of charge at
					 https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:11 - ServSafe and nutritional needs

Current through Register Vol. 51, page 10, July 15, 2024
The dietary manager, if employed, and at least one cook
				  shall successfully complete and possess a current certificate from a ServSafe
				  Food Protection Program offered by various retailers, successfully complete the
				  Certified Food Protection Professional's Sanitation Course offered by the
				  Dietary Managers Association, or successfully complete equivalent training as
				  determined by the department. The dietary manager or designated personnel shall
				  monitor the dietetic service to ensure that the nutritional and therapeutic
				  dietary needs for each resident are met. The facility shall have adequate staff
				  whose working hours are scheduled to meet the dietetic needs of the
				  residents.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:12 - Diet manual

Current through Register Vol. 51, page 10, July 15, 2024
A current therapeutic diet manual with description of all
				  diets served in the facility shall be readily available in the facility to food
				  service personnel or nursing service personnel. The manual shall be current
				  within the last five years.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:13 - Frequency of meals

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall serve at least three meals daily at
				  regular times with not more than a 14-hour span between a substantial evening
				  meal and breakfast.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:14

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:15 - Nutritional assessments

Current through Register Vol. 51, page 10, July 15, 2024
A registered dietitian shall ensure a nutritional assessment
				  is shall be completed and documented on each new resident on therapeutic diets
				  upon admission; on any resident having a significant change in diet, eating
				  ability, nutritional status, or weight loss or gain; and on any resident with a
				  disease or condition that puts the resident at significant nutritional risk. An
				  annual assessment shall be completed for each resident.
Any resident with a tube feeding a monthly tube feeding
				  assessment shall include nutritional adequacy of calories, protein, and fluids.
				  This nutritional assessment shall be performed by a registered dietitian or by
				  a health care provider licensed pursuant to SDCL 36 with the education
				  preparation to perform an advanced nutritional assessment.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:16 - Person-in-charge of dietary services

Current through Register Vol. 51, page 10, July 15, 2024
The person-in-charge of dietary services shall possess a
				  current certificate from a ServSafe Food Protection Course, the Certified Food
				  Protection Professional's Sanitation Course from the Dietary Managers
				  Association, or equivalent training determined by the department. If the
				  dietary manager is not a dietitian, the facility shall schedule dietitian
				  consultations quarterly or sooner as determined by the dietary needs of the
				  residents. The dietitian shall approve all menus, assess the nutritional status
				  of residents with problems identified in the assessment, and review and revise
				  dietetic policies and procedures during scheduled visits.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:17 - Required dietary inservice training

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge of dietary services or the dietitian
				  shall provide ongoing inservice training for all dietary and food-handling
				  personnel. Training must be completed within thirty days of hire and annually
				  for any dietary or food-handling personnel and must include the following
				  subjects:
(1) Food safety;
(2) Handwashing;
(3) Food handling and preparation
				techniques;
(4) Food-borne
				illnesses;
(5) Serving and
				distribution procedures;
(6)
				Leftover food handling policies;
(7) Time and temperature controls for food
				preparation and service;
(8)
				Nutrition and hydration; and
(9)
				Sanitation requirements.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:06 - Dietetic services › Section 44:70:06:18 - Dining assistance program

Current through Register Vol. 51, page 10, July 15, 2024
A facility that admits or retains any resident who requires
				  dining assistance shall develop a nutrition and hydration assistance program.
				  Any personnel providing dining assistance shall be a certified nurse aide or
				  must have completed an approved nutrition and hydration dining assistance
				  program. The curriculum shall include instruction from both a licensed
				  speech-language pathologist and a registered dietitian. The program shall
				  consist of a minimum of ten hours of training and clinical experience. Any
				  dining assistant shall work under the supervision of a licensed nurse. A
				  resident shall be assessed by a registered nurse before participating in a
				  nutrition and hydration assistance program. A resident who has difficulty
				  swallowing, recurrent lung aspirations, or tube feeding may not participate. A
				  dietitian shall document any special nutritional needs and instructions on the
				  resident's care plan or service plan. The facility shall have a licensed nurse
				  to work the day shift at least thirty-two hours a week. A licensed nurse shall
				  be on call at all times.
General Authority:
SDCL
					 34-12-13(5)(8)(14).
Law Implemented:
SDCL
					 34-12-13(5)(8)(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:01 - Policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall establish and practice methods and
				  procedures for medication control that include the following:
(1) A requirement that each resident's
				prescribing physician, physician assistant, or nurse practitioner provide to
				the facility electronic or written signed orders for any medications taken by
				the resident; authorization for medications or drugs kept on the person or in
				the room of the resident; and release of medications;
(2) Provisions for proper storage of
				prescribed medications so that the medications are inaccessible to residents or
				visitors with requirements for:
(a) Separate
				storage of poisons, topical medications, and oral medication;
(b) Each resident's medication to be stored
				in the container in which it was originally received and not transferred to
				another container; and
(c) A
				medication prescribed for one resident not to be administered to any other
				resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:02 - Written orders for medication required

Current through Register Vol. 51, page 10, July 15, 2024
All medications or drugs taken by or administered to
				  residents shall be ordered electronically or in writing and signed by the
				  prescribing physician, physician assistant, or nurse
				  practitioner.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:03 - Medication therapy reviewed monthly

Current through Register Vol. 51, page 10, July 15, 2024
The pharmacist shall review the drug regimen monthly of those
				  residents who require administration of medications. The pharmacist shall
				  review the resident's diagnosis, the drug regimen, and any pertinent laboratory
				  findings and dietary considerations. The pharmacist shall report potential drug
				  therapy irregularities and make recommendations for improving the drug therapy
				  of the residents to the resident's physician, physician assistant, or nurse
				  practitioner, the facility's licensed nurse, and the administrator. The
				  pharmacist shall document the review by preparing a monthly report of the
				  potential irregularities and recommendations. The administrator shall retain
				  the report in the assisted living center
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:04 - Storage and labeling of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
All drugs or medications shall be stored in a well
				  illuminated, locked storage area that is well ventilated, maintained at a
				  temperature appropriate for drug storage, and inaccessible to residents, or
				  visitors at all times. Medications suitable for storage at room temperature
				  shall be maintained between fifty-nine and eighty-six degrees Fahrenheit
				  (fifteen and thirty degrees centigrade). Medications that require refrigeration
				  shall be maintained between thirty-six and forty-six degrees Fahrenheit (two
				  and eight degrees centigrade). Poisons and medications prescribed for external
				  use shall be stored separately from internal medications, locked, and made
				  inaccessible to residents.
The medications or drugs of each resident for whom
				  medications are facility-administered shall be stored in the containers in
				  which they were originally received and may not be transferred to another
				  container. Special modification of this requirement may be made if single dose
				  packaging is used. Each prescription drug container, including manufacturer's
				  complimentary samples, shall be labeled with the resident's name, physician,
				  physician assistant, or nurse practitioner's name, drug name and strength,
				  directions for use, and prescription date.
Containers with contents that will not be used within thirty
				  days of issue or with contents that expire in less than thirty days of issue
				  shall bear an expiration date. If a single dose system is used, the drug name
				  and strength, expiration date, and a control number shall be on the unit dose
				  packet.
A co-located nursing facility and assisted living center, a
				  co-located hospital and assisted living center, or an assisted living center
				  with twenty-four hour per day licensed nursing personnel may procure and stock,
				  including in bulk form, nonlegend medications and administer them in accordance
				  with written policies and procedures that provide for oversight by qualified
				  personnel.
Any container with a worn, illegible, or missing label shall
				  be destroyed pursuant to §
									44:70:07:06. Licensed pharmacists
				  are responsible for the labeling, relabeling, or altering of labels on
				  medication containers.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:05 - Control and accountability of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
Medication brought from home may be used if ordered by the
				  attending physician, physician assistant, or nurse practitioner and, if prior
				  to administration, the medication is identified as the prescribed drug. Any
				  medication prescribed for one resident may not be administered to another. No
				  resident may keep medications on the resident's person or in the resident's
				  room without a physician, physician assistant, or nurse practitioner's order
				  allowing self-administration. Written authorization by the resident's
				  physician, physician assistant, or nurse practitioner shall be secured for the
				  release of any medication to a resident upon discharge, transfer, or temporary
				  leave from the facility. The release of medication must be documented in the
				  resident's record, indicating quantity, drug name, and strength. The facility
				  shall maintain records that account for all medications and drugs from receipt
				  through administration, destruction, or return.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:06 - Drug disposal

Current through Register Vol. 51, page 10, July 15, 2024
Legend drugs not controlled under SDCL chapter 34-20 B shall
				  be destroyed or disposed of by a nurse and another witness. Destruction or
				  disposal of medications controlled under SDCL chapter 34-20 B shall be
				  witnessed by two persons, both of whom are a nurse or pharmacist, as designated
				  by facility policy. Methods of destruction or disposal may include:
(1) Disposal by using a professional waste
				hauler to take the medications to a permitted medical waste facility or by
				facility disposal at a permitted municipal solid waste landfill. Prior to
				disposal all medications shall be removed from original containers and made
				unpalatable by the addition of adulterants and alteration of solid dosage forms
				by dissolving or combination into a solid mass;
(2) Return to the dispensing pharmacy for
				destruction or dispose according to federal and state regulations;
(3) Return to an authorized reverse
				distributor company licensed by the South Dakota Board of Pharmacy;
(4) Medications controlled under SDCL chapter
				34-20 B shall not be returned to the dispensing pharmacy or to an authorized
				reverse distributor company; or
(5)
				Documentation of destruction or disposal of medications shall be included in
				the resident's record. The documentation shall include the method of
				disposition (destruction, disposal, or release to resident); the medication
				name, strength, prescription number (as applicable), quantity, and date of
				disposition; and the name of any person who witnessed the destruction or
				disposal.
Medications, excluding those controlled under SDCL chapter
				  34-20, contained in unit dose packaging meeting the requirements of §
										20:51:13:02.01 may be returned to
				  the dispensing pharmacy for credit and redispensing.
Any medication held for disposal shall be physically
				  separated from the medications being used in the facility, locked with access
				  limited, in an area with a system to reconcile, audit, or monitor them to
				  prevent diversion.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:07 - Medication administration

Current through Register Vol. 51, page 10, July 15, 2024
A registered nurse shall provide medication administration
				  training pursuant to § 20:48:04.01 to any unlicensed assistive personnel
				  employed by the facility who will be administering medications.
Unlicensed assistive personnel shall receive initial and
				  ongoing resident specific training for medication administration and annual
				  training in all aspects of medication administration occurring at the
				  facility.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:08 - Medication records and administration

Current through Register Vol. 51, page 10, July 15, 2024
Medication administration records must be used and regularly
				  checked against the physician, physician assistant, or nurse practitioner's
				  orders. Each medication administered must be recorded in the resident's care
				  record and signed by the individual responsible.
Medication errors and drug reactions must be reported to the
				  resident's physician, physician assistant, or nurse practitioner and an entry
				  made in the resident's care record.
Orders involving abbreviations and chemical symbols may be
				  carried out only if the facility has a standard list of abbreviations and
				  symbols, and the list is available to the nursing personnel.
A person may not administer medications prepared by another
				  person, other than a pharmacist.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:09 - Self-administration of drugs

Current through Register Vol. 51, page 10, July 15, 2024
A resident with the cognitive ability to understand may
				  self-administer medications. At least every three months, the licensed nurse,
				  the physician, physician assistant, or nurse practitioner shall evaluate and
				  record the continued appropriateness of the resident's ability to
				  self-administer medications.
The determination must state whether the resident or the
				  nursing personnel is responsible for storage of the drug and include
				  documentation of its administration in accordance with chapter 44:70:07. A
				  resident may self-administer drugs if the registered nurse, physician,
				  physician assistant, or nurse practitioner have determined the practice is
				  safe. No resident may keep medications on the resident's person or in the
				  resident's room without a medication order allowing self-administration.
If any resident is permitted to self-administer medications,
				  the facility's policies and procedures related to self-administered drugs must
				  include a description of the responsibilities of the resident, the resident's
				  family members, and the facility personnel. The facility shall provide written
				  educational material explaining to the resident and the resident's family the
				  resident's rights and responsibilities associated with
				  self-administration.
General Authority:
SDCL
					 34-12-13(9)(15).
Law Implemented:
SDCL
					 34-12-13(9)(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:07 - Medication control › Section 44:70:07:10 - Emergency naloxone storage and administration

Current through Register Vol. 51, page 10, July 15, 2024
A facility may stock naloxone for emergency use. Naloxone
				  shall be stored in a manner that allows access only to individuals authorized
				  to administer the drug. Qualified personnel may administer naloxone in
				  accordance with written policies and procedures that provide safety and
				  oversight. Policies and procedures shall follow manufacturer guidelines.
				  Qualified personnel who administer naloxone must receive initial and annual
				  training.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:08 - Resident record services › Section 44:70:08:01 - Record service

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall maintain a care record on each resident;
				  shall have written procedures for documentation, filing, and retrieval of
				  records; and shall have written policies to safeguard the resident's records
				  against destruction, loss, and unauthorized use. The resident care records
				  shall include the following:
(1)
				Admission and discharge data including disposition of unused
				medications;
(2) Report of the
				physician's, physician assistant's, or nurse practitioner's admission physical
				evaluation for resident;
(3)
				Physician, physician assistant, or nurse practitioner orders;
(4) Medication entries;
(5) Observations by personnel, resident
				physician, physician assistant, nurse practitioner, or other persons authorized
				to care for the resident; and
(6)
				Documentation that assures the individual needs of residents are identified and
				addressed.
General Authority:
34-12-13(10).
Law
					 Implemented:
34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:08 - Resident record services › Section 44:70:08:02 - Authentication

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall ensure entries to the care record are signed
				  or electronically authenticated. If the facility permits any portion of the
				  care records to be generated by electronic or optical means, policies and
				  procedures shall exist to prohibit the use of authentication by unauthorized
				  users.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:08 - Resident record services › Section 44:70:08:03 - Retention of care records

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall retain care records for a minimum of five
				  years from the actual visit date of service or resident care. The retention of
				  the record for five years is not affected by additional and future visit dates.
				  Records of minors shall be retained until the minor reaches the age of majority
				  plus an additional two years, but no less than ten years from the actual visit
				  date of service or resident care.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of medical or care records, §
											44:70:08:04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:08 - Resident record services › Section 44:70:08:04 - Storage or care records

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for filing, safe storage, and easy
				  accessibility of care records. The care records shall be preserved as original
				  records or in other readily retrievable and reproducible form. Care records
				  shall be protected against access by unauthorized individuals. All care records
				  shall be retained by the health care facility upon change of
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Disposition or care records on closure of facility or
					 transfer of ownership, §
											44:70:08:06.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:08 - Resident record services › Section 44:70:08:05 - Destruction of care records

Current through Register Vol. 51, page 10, July 15, 2024
After the minimum retention period of five years from the
				  actual visit date of care required by the provisions of §
									44:70:08:03, the care record may
				  be destroyed at the discretion of the facility. Before the destruction of the
				  care record, the facility shall prepare and retain a resident index or
				  abstract. The resident index or abstract shall include:
(1) Name;
(2) Date of birth;
(3) Summary of visit dates;
(4) Name of attending or admitting physician,
				physician assistant, or nurse practitioner; and
(5) Diagnosis
The facility shall destroy the care record in a way that
				  maintains confidentiality.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:08 - Resident record services › Section 44:70:08:06 - Disposition of care records on closure of facility or transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
If a facility ceases operation, the facility shall provide
				  for the safe storage and prompt retrieval of care records and the resident
				  indexes specified in §
									44:70:08:05. The facility may
				  arrange storage of care records with another health care facility of the same
				  licensure classification, transfer care records to another health care provider
				  at the request of the resident, relinquish care records to the resident or the
				  resident's legal representative, or arrange storage of remaining care records
				  with a third party vendor who undertakes storage activity. At least thirty days
				  before closure, the facility shall notify the department in writing indicating
				  the provisions for the safe preservation of care records and the location of
				  the care records, and shall publish or share in the local newspaper or
				  community-known news source the location and disposition arrangements of the
				  care records.
If ownership of the facility is transferred, the new owner
				  shall maintain the care records as if there was not a change in
				  ownership.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
Storage of care records, §
											44:70:08:04.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:01 - Application of chapter - Residents' rights policies

Current through Register Vol. 51, page 10, July 15, 2024
An assisted living center shall establish policies consistent
				  with this chapter to protect and promote the rights of each
				  resident.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:03 - Facility to provide information on available services

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide the following information in
				  writing to each resident:
(1) A list
				of services available in the facility and the charges for those services. The
				facility shall specify items and services for which the resident may not be
				charged, those other items and services that the facility offers and for which
				the resident may be charged, and the amount of any such charges;
(2) A description of how a resident may
				protect personal funds;
(3) A list
				of names, addresses, and telephone numbers of client resident
				advocates;
(4) A description of how
				to file a complaint with the department concerning abuse, neglect, and
				misappropriation of resident property;
(5) A description of how the resident can
				contact the resident's physician, physician assistant, or nurse
				practitioner;
(6) A description of
				how to apply for and use Medicare and Medicaid benefits, and the right to
				establish eligibility for Medicaid, including the addresses and telephone
				numbers of the nearest office of the South Dakota Department of Human Services
				and of the United States Social Security Administration;
(7) A description of the bed-hold policy that
				indicates the length of time the bed will be held for the resident, any
				policies regarding the held bed, and readmission rights of the resident;
				and
(8) A description explaining
				the responsibilities of the resident and family members regarding
				self-administered medication.
A signed and dated admission agreement between the resident
				  or the resident's legal representative and the facility must include
				  subdivisions (1) through (8). The resident or resident's legal representative
				  and the facility shall complete the admission agreement before or at the time
				  of admission and before the resident has made a commitment for payment for
				  proposed or actual care. The agreement must be printed for ease of reading by
				  the resident. Any change in the information must be given to the resident or
				  the resident's legal representative as a signed and dated addendum to the
				  original agreement.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:04 - Notification when resident's condition changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall immediately inform the resident, consult
				  with the resident's physician, physician assistant, or nurse practitioner, and,
				  if known, notify the resident's legal representative or interested family
				  member when any of the following occurs:
(1) An accident involving the resident that
				results in injury or has the potential for requiring intervention by a
				physician, physician assistant, or nurse practitioner;
(2) A significant change in the resident's
				physical, mental, or psychosocial status;
(3) A need to alter treatment significantly;
				or
(4) A decision to transfer or
				discharge the resident from the facility.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:05 - Notification of resident's room assignment or rights change

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall promptly notify the resident and, if known,
				  the resident's legal representative, as specified in SDCL
				  34-12C-3, or interested family
				  member if there has been a change in the resident's room or roommate assignment
				  or if there has been a change in the resident's rights.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:06 - Right to manage financial affairs

Current through Register Vol. 51, page 10, July 15, 2024
A resident may manage personal financial affairs. A facility
				  may not require any resident to deposit any personal funds with the facility.
				  If the resident chooses to deposit funds with the facility and gives written
				  authorization, the facility shall hold the funds in accordance with the
				  provisions of SDCL
				  34-12-15.1 to
				  34-12-15.10, inclusive. This
				  section does not apply to any facility that does not manage a resident's
				  personal funds.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:07 - Choice in planning care

Current through Register Vol. 51, page 10, July 15, 2024
A resident may choose a personal attending physician,
				  physician assistant, or nurse practitioner, be fully informed in advance about
				  care and treatment and of any changes in that care or treatment that may affect
				  the resident's well-being, and, participate in planning care and treatment or
				  changes in care or treatment.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Right to choose own physician, physician assistant, or
					 nurse practitioner unimpaired by public health programs -- Misdemeanor, SDCL
					 34-1-20.
Rights of authorized person as incapacitated person, SDCL
					 34-12C-6.
Liability of health care provider -- Liability of
					 authorized decision make, SDCL
					 34-12C-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:08 - Privacy and confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for privacy and confidentiality for
				  the resident. A facility shall permit residents to perform the
				  following:
(1) To send and receive
				unopened mail and to have access to stationery, postage, and writing implements
				at the resident's own expense;
(2)
				To access and use a telephone without being overheard;
(3) To visit a spouse or significant other
				or, if both are residents of the same facility, to share a room, within the
				capacity of the facility, upon the consent of both residents;
(4) Except in an emergency, to have room
				doors closed and to require knocking before entering the resident's
				room;
(5) To have only authorized
				personnel present during treatment or activities of personal hygiene;
(6) To retire and rise according to the
				resident's wishes, as long as the resident does not disturb other
				residents;
(7) To meet, associate,
				and communicate with any person of the resident's choice in a private place
				within the facility;
(8) To
				participate in social, religious, and community activities that do not
				interfere with the rights of other residents in the facility; and
(9) To approve or refuse the release of
				personal and care records to any individual outside the facility, except if the
				resident is transferred to another health care facility or if the release of
				the record is required by law. With the resident's permission, a facility shall
				allow the state ombudsman or a representative of the ombudsman access to the
				resident's care records.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Record service, §
											44:70:08:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:09 - Residents' rights and supportive services › Section 44:70:09:09 - Quality of life

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