reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:03 - 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, or disinfecting all work
				  areas, equipment, utensils, and medical devices used by residents'. Common use
				  equipment shall be disinfected after each 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 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:04 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
An adult foster care home 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, in the Food Service Code. The facility shall have the
				  space, equipment, supplies, and mechanical systems for efficient, safe, and
				  sanitary food preparation. If an adult foster care home's food service is
				  contracted out, the contractor shall be a licensed food service establishment
				  that is inspected by a local, state, or federal agency.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
Note:
Article 44:02, Lodging and Food Service,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for
					 $4.14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:05 - Nutrition requirements

Current through Register Vol. 51, page 10, July 15, 2024
A resident shall receive a minimum of three meals a day.
				  Each meal shall include portions from each of the five basic food groups listed
				  in the Myplate, "Dietary Guidelines for Americans," 2010, U.S. Department of
				  Agriculture, or as otherwise prescribed by a physician, physician assistant,
				  nurse practitioner, or qualified dietitian.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
Dietary Guidelines for Americans, 2010, United States
					 Department of Agriculture. Copies may be viewed and printed free of charge at
					 http//:
www.dietaryguidelines.gov
.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:06 - Food quality - Storage

Current through Register Vol. 51, page 10, July 15, 2024
Food shall be free from spoilage and contamination and shall
				  be safe for human consumption. Fluid milk and fluid milk products used or
				  served shall be pasteurized. Unless its identity is unmistakable, a bulk food
				  such as cooking oil, syrup, salt, sugar, or flour not stored in the product
				  container or package in which it was obtained shall be stored in a container
				  identifying the food by its common name.
General Authority:
SDCL
					 34-12-13(8).
Law Implemented:
SDCL
					 34-12-13(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:07 - Linen

Current through Register Vol. 51, page 10, July 15, 2024
The supply of bed linen and towels shall equal two times the
				  licensed capacity. Each facility shall contract with commercial laundry
				  services or the laundry service of another licensed health care facility for
				  all common use linens if laundry services are not provided on the premises. The
				  facility shall process laundry following the laundry equipment and cleaning
				  agent recommendations. An adult foster care home providing laundry services
				  shall have adequate space and equipment for the safe and effective operation of
				  the laundry service.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:08 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
An adult foster care home's plumbing system shall be
				  designed and installed in accordance with SDCL
				  36-25-15 and
				  36-25-15.1. Plumbing shall be
				  sized, installed, and maintained to carry required quantities of water to
				  required locations throughout the adult foster care home. Plumbing may not
				  constitute a source of contamination of food equipment or utensils or create an
				  unsanitary condition or nuisance.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Standards adopted for plumbing -- Conformity to National
					 Code, SDCL
					 36-25-15. Scope and objectives of
					 plumbing standards and rules, SDCL
					 36-25-15.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:09 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facilitys water supply shall be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Environment and Natural Resources. Any private water supply shall have a water
				  sample bacteriologically tested atleast monthly. The volume of water shall be
				  sufficient for the needs of the adult foster care home. The hot water system
				  shall be capable of supplying the work and resident areas with water at the
				  required temperatures. Maximum hot water temperatures at plumbing fixtures used
				  by clients may not exceed 125 degrees Fahrenheit (52 degrees centigrade). The
				  minimum temperature of hot water for resident use shall be at least 100 degrees
				  Fahrenheit (38 degrees centigrade).
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:10 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to the occupants. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of the residents admitted to the home. The home
				  shall take at least the following precautions:
(1) Develop and implement a written and
				scheduled preventive maintenance program;
(2) Provide securely constructed and
				conveniently located grab bars in all toilet rooms and bathing areas used by
				residents;
(3) Provide grounded or
				double-insulated electrical equipment or protect the equipment with ground
				fault circuit interrupters. Ground fault circuit interrupters shall be provided
				in wet areas and for outlets within six feet of sinks;
(4) A portable space heater, portable halogen
				lamp, household-type electric blanket, or household-type heating pad may not be
				used in a home;
(5) A 2-A:10-B:C
				fire extinguisher shall be provided on each level;
(6) Any clothes dryer shall have a galvanized
				metal vent pipe for exhaust; and
(7) The storage and transfilling of oxygen
				cylinders or containers shall meet the requirements of the NFPA 99 Standard for
				Health Care Occupancies, 2012 Edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 99 Health Care Facilities
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:11 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall submit any proposed change by new
				  construction, remodeling, or change of use of an area to the department. Any
				  change shall have the approval of the department before it is made. A written
				  narrative describing the intended use of the proposed construction shall
				  accompany the plans and specifications.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:12 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
An owner shall keep the home and premises free of rodents
				  and insects. Any door or window used for outside ventilation shall have a
				  screen.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:13 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of the facility shall promote the health,
				  treatment, comfort, safety, and well-being of persons accepted and retained for
				  care. The home shall be served by good, passable roads. Easy accessibility for
				  caregivers, visitors, and fire-fighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:14 - Physical requirements of adult foster care homes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall meet the following physical
				  requirements:
(1) A minimum of 200
				square feet of floor space shall be available to the resident. This floor space
				shall include an easily accessible bathroom and a dining area sufficient to
				accommodate the resident and the adult foster care home owner's family at one
				setting;
(2) Sufficient sleeping
				space to accommodate comfortably the resident in care as well as the adult
				foster care home owner's family;
(3) Each exit pathway shall remain free of
				obstacles that would prevent mobility or escape during fire or other
				emergency;
(4) Each space occupied
				by people within a building and their approaches shall have artificial lighting
				at a level for general safety. Each bedroom shall have general lighting and
				night lighting; and
(5) A smoke
				detector with an audible alarm shall be located on each level of the building.
				The alarm shall be audible above the maximum normal noise level of the house.
				Each smoke detector shall be tested monthly. Each smoke detector shall be
				cleaned and the battery changed at least annually.
A resident may not reside in an attic. A resident may reside
				  in a finished basement where the living quarters, heating plant, and utility
				  room are completely and safely segregated by one hour fire-resistant
				  construction. Each resident shall be made aware of escape
				  procedures.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:15 - Heating and cooling

Current through Register Vol. 51, page 10, July 15, 2024
The temperature in any occupied space in the facility shall
				  be maintained between 68 and 80 degrees Fahrenheit (20 and 26.7 degrees
				  Celsius) during waking hours and not lower than 64 degrees Fahrenheit (17.8
				  degrees Celsius) during sleeping hours. A resident's room may be maintained
				  outside the required range if desired by the resident.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:16 - Reasonable accommodations

Current through Register Vol. 51, page 10, July 15, 2024
Accessible and usable accommodations shall be available to
				  meet the needs of the resident with disabilities.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:02 - Physical environment and safety › Section 44:77:02:17 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
A facility may be directed to remove or correct other
				  hazardous conditions not covered in this chapter if the department considers
				  the conditions to have the potential to cause injury or illness to any resident
				  or caregiver.
General Authority:
SDCL
					 34-12-13(1) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:03 - Fire safety and construction standards › Section 44:77:03:01 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall meet the applicable fire safety
				  standards of One- and Two- Family Dwellings in the Life Safety Code in NFPA 101
				  Life Safety Code, 2000 edition. Each facility shall be constructed, arranged,
				  equipped, maintained, and operated to avoid undue danger to the lives and
				  safety of its occupants from fire, smoke, fumes, or resulting panic during the
				  period of time reasonably necessary for escape from the structure in case of
				  fire or other emergency. Compliance with this section does not eliminate or
				  reduce the necessity for other provisions for safety of persons using the
				  structure under normal occupancy conditions. A person shall be available to
				  provide assistance if a resident is present.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2000 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $ 93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:03 - Fire safety and construction standards › Section 44:77:03:02 - Evacuation plan - Fire drills

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall have an evacuation plan. The home owner
				  shall conduct and document a minimum of four fire drills each
				  year.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:03 - Fire safety and construction standards › Section 44:77:03:03 - Exits

Current through Register Vol. 51, page 10, July 15, 2024
There shall be two exits remote from each other on each
				  level used for the care of a resident. Each of these exits shall provide
				  unobstructed travel to the outside. One of these exits shall be a door or
				  stairway leading to the outside of the building at ground level. The other exit
				  may be a window if it meets the following requirements:
(1) It can be easily opened from the inside
				without the use of tools;
(2) It
				provides a clear opening with a minimum dimension of at least 20 inches in
				width by 24 inches in height, is at least five point seven square feet in area,
				with a sill at 44 inches, and provides a safe means of escape; and
(3) If a storm window, screen, or burglar
				guard is used, it has a quick-opening device which can be easily opened from
				the inside.
A ladder, folding stairs, or trap door may not be the only
				  access to a bedroom.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:03 - Fire safety and construction standards › Section 44:77:03:04 - New construction

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this section apply to all newly licensed
				  adult foster care homes and to any renovation, addition, and change in space
				  use of currently approved existing homes.
Each facility shall comply with NFPA 101 Life Safety Code,
				  2012 edition. Each facility shall meet the provisions of One- and Two- Family
				  Dwellings in the Life Safety Code.
An automatic sprinkler system is not required in adult foster
				  care homes unless required by the local municipality issuing the building
				  permit.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:03 - Fire safety and construction standards › Section 44:77:03:05 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered exhaust ventilation shall be provided
				  in all newly constructed or renovated toilet rooms.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:04 - Owner and caregivers › Section 44:77:04:01 - Owner

Current through Register Vol. 51, page 10, July 15, 2024
The facility owner is responsible for the daily overall
				  operation of the home. The owner shall notify the department in writing of any
				  change of ownership.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:04 - Owner and caregivers › Section 44:77:04:02 - Presence of the adult foster care home owner

Current through Register Vol. 51, page 10, July 15, 2024
The facility owner shall be present according to the needs
				  of the resident as documented in the resident evaluation. The facility owner
				  may arrange for an alternative caregiver during an absence from the home. The
				  alternative caregiver shall meet the criteria listed in §
									44:77:01:05.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:04 - Owner and caregivers › Section 44:77:04:03 - Caregivers

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have sufficient caregivers to provide
				  effective and safe supervision, support, and care. The home may not knowingly
				  employ any person with a conviction for abusing another
				  person.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:04 - Owner and caregivers › Section 44:77:04:04 - Caregiver training

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have an orientation and ongoing
				  education program for all caregivers. The education program shall include the
				  following subjects:
(1) Fire
				prevention and response;
(2)
				Emergency procedures and preparedness;
(3) Infection control and
				prevention;
(4) Accident prevention
				and safety procedures;
(5)
				Residents rights;
(6)
				Confidentiality of resident information;
(7) Incidents subject to mandatory reporting
				and the home's reporting mechanisms; and
(8) Care of residents with special and unique
				needs.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:04 - Owner and caregivers › Section 44:77:04:05 - Caregiver health

Current through Register Vol. 51, page 10, July 15, 2024
The facility may not allow anyone with a communicable
				  disease, during the period of communicability, to work in a capacity that would
				  allow spread of the disease. A caregiver with a reportable communicable disease
				  that may endanger the health of a resident or fellow caregiver may not return
				  to caregiving until the caregiver is determined by a physician or the
				  physician's designee to no long have the disease in a communicable
				  state.
General Authority:
SDCL
					 34-12-13(1), (5), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (5), and
					 (14).
Definition of terms, subdivisions 44:20:01:01(8) and
					 (43).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:04 - Owner and caregivers › Section 44:77:04:06 - Personal care and health supervision

Current through Register Vol. 51, page 10, July 15, 2024
The facility owner or a caregiver shall provide continuous
				  care for the resident and shall be cooperative with the department in carrying
				  out the plan for the resident. The facility owner or caregiver shall be
				  available to assist the resident with personal care and health
				  supervision.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:05 - Medications and resident records › Section 44:77:05:01 - Medication labeling, storage, and disposal

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for medications in adult foster care homes
				  include the following:
(1) Medications
				and biologicals kept in the facility shall be labeled with the drug name,
				strength, and expiration date;
(2)
				Medications shall be kept in a secure location or in residents room to prevent
				unauthorized access;
(3)
				Medications requiring refrigeration may be stored in a refrigerator used for
				food storage if the drugs are stored in a sealed container and placed on the
				top rack or tray;
(4) Medications
				shall be self-administered only by residents or by qualified personnel or
				caregivers licensed or authorized to administer drugs; and
(5) Outdated or discontinued medication shall
				be properly destroyed or disposed.
General Authority:
SDCL
					 34-12-13(9).
Law Implemented:
SDCL
					 34-12-13(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:77 - Adult foster care › Chapter 44:77:05 - Medications and resident records › Section 44:77:05:02 - Resident records

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall maintain the confidentiality and
				  safeguarding of resident records. A facility shall retain resident records for
				  a minimum of ten years from the actual visit date of service or resident care.
				  After the minimum retention period of ten years from discharge the resident
				  record may be destroyed at the discretion of the facility. Before the
				  destruction of the resident record, the facility shall prepare and retain a
				  resident index or abstract that include the residents name and date of birth.
				  If a facility ceases operation, the facility shall provide for safe storage and
				  prompt retrieval of resident records and the resident indexes. The facility may
				  arrange storage or transfer of resident records with another licensed health
				  care facility, or at the request of the resident, relinquish resident records
				  to the resident or the resident's parent or legal guardian, or arrange storage
				  of remaining medical records with a third party vendor who undertakes such a
				  storage activity. At least 30 days before closure, the facility shall notify
				  the department in writing indicating the provisions for the safe preservation
				  of resident records and their location and publish in a local newspaper the
				  location and disposition arrangements of the resident records. If ownership of
				  the facility is transferred, the new owner shall maintain the resident records
				  as if there was not a change in ownership. The resident record shall include
				  the following:
(1) Admission
				information including a list of medications, allergies, and diet;
(2) The name and contact information of the
				residents physician, physician assistant, or nurse;
(3) The name and contact information of the
				residents power of attorney or immediate family member;
(4) The resident evaluation form developed by
				the department upon admission, annually, or upon a significant
				change
;
(5) Any
				reports of suspicion of abuse or neglect reported to the
				department
;
(6)
				Disposition of medications upon outdate or disposed; and
(7) Discharge information including
				disposition of medications.
General Authority:
SDCL
					 34-12-13(10).
Law Implemented:
SDCL
					 34-12-13(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  34-12-1.1 have the same meaning in
				  this article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an
				individual indicating that one or more of the following has occurred:
(a) A criminal conviction against a person
				for mistreatment toward an individual; or
(b) In the absence of a criminal conviction,
				substantial evidence that one or more of the following has occurred resulting
				in harm, pain, fear, or mental anguish:
(i)
				Misappropriation of a patient's or resident's property or funds;
(ii) An attempt to commit a crime against a
				patient or resident;
(iii) Physical
				harm or injury against a patient or resident; or
(iv) Using profanity, making a gesture, or
				engaging in other any act made to or directed at a patient or
				resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:02 - Licensure of inpatient chemical dependency facility

Current through Register Vol. 51, page 10, July 15, 2024
Any license issued shall denote the name of the facility and
				  the facility address on the face of the license. The license shall include each
				  facility address at which services licensed under this chapter are provided.
				  The most current license issued by the department shall be posted on the
				  premises of the facility in a place conspicuous to the public. The license
				  certificate remains the property of the department.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:03 - Name of facility

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be designated by a pertinent and
				  distinctive name that shall be used in applying for a license. The name may not
				  be changed without first notifying the department in writing. No facility may
				  be given a name or advertise in a way that implies services rendered are in
				  excess of the classification for which it is licensed or which would indicate
				  an ownership other than actual.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:04 - Bed capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the bed capacity of each
				  facility pursuant to the physical plant and space provisions of this article.
				  The patient census may not exceed the bed capacity for which the facility is
				  licensed. A request by the 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.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:05 - 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 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:06 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall fax, email, or mail to the department
				  the pertinent data necessary to comply with the requirements of all applicable
				  administrative rules and statutes.
Any incident or event where there is reasonable cause to
				  suspect abuse or neglect of any patient by any person shall be reported within
				  24 hours of becoming informed of the alleged incident or event. The facility
				  shall report each incident or event orally or in writing to the states attorney
				  of the county in which the facility is located, to the Department of Social
				  Services, or to a law enforcement officer. The facility shall report each
				  incident or event to the department within 24 hours, and conduct a subsequent
				  internal investigation and provide a written report of the results to the
				  department within five working days after the event.
Each facility shall report to the department within 48 hours
				  of the event any death resulting from other than natural causes originating on
				  facility property such as accidents or suicide. The facility shall conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each facility shall report a missing patient to the
				  department within 48 hours. The facility shall conduct a subsequent internal
				  investigation and provide a written report of the results to the department
				  within five working days after the event.
Each facility shall also report to the department as soon as
				  possible any fire with damage or where injury or death occurs; any partial or
				  complete evacuation of the facility resulting from natural disaster; or any
				  loss of utilities, such as electricity, natural gas, telephone, emergency
				  generator, fire alarm, sprinklers, and other critical equipment necessary for
				  operation of the facility for more than 24 hours.
Each facility shall notify the department of any anticipated
				  closure or discontinuation of service at least 30 days in advance of the
				  effective date.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:07 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days of the receipt of the statement of
				  deficiencies, each facility shall submit to the department a written plan of
				  correction for a citation of noncompliance with licensure requirements. The
				  plan of correction shall be signed, dated, and on forms provided by the
				  department. The department may reject the plan of correction if there is no
				  evidence the plan will cause the treatment 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 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:08 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
A modification specified by this section may be requested in
				  writing by the facility.
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 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:09 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:78 limits or expands the rights of any
				  healthcare worker to provide services within the scope of the professional's
				  license, certification, or registration, as provided by South Dakota
				  law.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:01 - Rules of general applicability › Section 44:78:01:10 - Scope of licensure inspections

Current through Register Vol. 51, page 10, July 15, 2024
Inpatient chemical dependency treatment facilities are Level
				  III.7 medically-monitored intensive inpatient treatment programs providing
				  services in accordance with article 46:05. The departments scope of inspection
				  of these facilities includes licensure, physical environment and safety, fire
				  safety, construction standards, and accessibility.
General Authority:
SDCL
					 34-12-13(1), (2), (3), (5), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (2), (3), (5), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall be kept clean, neat, and free of litter
				  and rubbish. Hazardous cleaning solutions, chemicals, and poisons shall be
				  labeled, stored in a safe place, and kept in an enclosed cabinet. Garbage and
				  refuse shall be kept in durable, easily cleanable containers that do not leak
				  and do not absorb liquids. Garbage and refuse shall be disposed of often enough
				  to prevent the development of odor and the attraction of insects and rodents.
				  Sewage shall be disposed of by means of a public sewage disposal system or a
				  septic system, and may not constitute a source of contamination of food,
				  equipment, or utensils or otherwise create an unsanitary condition or
				  nuisance.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:02 - Cleaning procedures

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall develop written procedures for cleaning
				  all areas of the building. The building shall be maintained clean. Equipment
				  and supplies shall be available for proper cleaning and disinfecting and shall
				  be stored safely to protect the building occupants. Dustless methods shall be
				  used for cleaning.
Written procedures shall be developed for the cleaning and
				  sanitizing of food service equipment, countertops in the food production area,
				  and dining room tables in accordance with the registered product
				  label.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:03 - Patient rooms

Current through Register Vol. 51, page 10, July 15, 2024
A patient room shall meet the following requirements:
(1) The maximum room capacity is two
				patients. Patient rooms approved prior to January 1, 2001, are acceptable as
				approved;
(2) The minimum clear
				floor area required is, exclusive of toilet rooms, closets, wardrobes, and
				vestibules, 100 square feet in single occupancy and 160 square feet in double
				occupancy;
(3) The floor of the
				patient room shall be above grade at the building site;
(4) A separate closet space of five square
				feet shall be provided for each patient; and
(5) Toilet rooms shall be available to the
				patient room. If the toilet room is not attached to the patient room, the
				distance to the toilet room from the door to the patient room may not exceed 50
				feet. The toilet room shall be accessible and shall contain a handwashing
				fixture and stool with at least a side grab bar and toilet paper
				dispenser.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:04 - Patient room furnishings

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide the following furnishings for the
				  patient rooms:
(1) A sturdy,
				comfortable bed with an impervious cover on the mattress;
(2) A pillow, two sheets, blanket, and bath
				towel;
(3) A dresser, drawers, or
				shelves for each patient;
(4) A
				chair, table or desk, reading lamp, and mirror for each patient; and
(5) Window coverings for privacy.
General Authority:
SDCL
					 34-12-13(3) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(3) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:05 - Care units

Current through Register Vol. 51, page 10, July 15, 2024
The care unit shall contain the following features:
(1) Staff work area with handwashing fixture,
				charting space, communication and security equipment, supply storage, and
				locked medication storage, including refrigerated storage and dispensing
				area;
(2) Staff toilet room
				convenient to work area. The toilet room shall be accessible and shall contain
				a handwashing fixture and stool with at least a side grab bar and toilet paper
				dispenser;
(3) Clean linen storage
				or linen cart storage room;
(4) A
				housekeeping room for supply and housekeeping equipment storage. A floor
				receptor or service sink shall be provided and the adjacent wall surfaces shall
				be protected from water damage;
(5)
				A bathing room for each gender served with bath fixtures in accordance with
				SDCL 36-25-15 and
				36-25-15.1;
(6) Lounge space with a minimum area of 20
				square feet for each patient;
(7)
				Dining space with a minimum of 20 square feet for each patient;
(8) A group room with a minimum of 150 square
				feet for each six patients; and
(9)
				A counselor office with a minimum of 100 square feet for each six
				patients.
General Authority:
SDCL
					 34-12-13(1), (3), (4), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), (4), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:08 - Storage

Current through Register Vol. 51, page 10, July 15, 2024
A minimum of the 200 square feet of general supply storage
				  shall be provided in a single room. If the patient capacity exceeds 25, an
				  additional 200 square feet of storage shall be provided for each multiple of 25
				  patients.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:09 - Outside yard storage

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall provide storage space for yard equipment
				  with an exterior building access or separate storage shed.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:10 - Flooring

Current through Register Vol. 51, page 10, July 15, 2024
Flooring materials that are slip resistant shall be
				  installed at the building main entry, dishwashing, and bathing
				  areas.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:11 - Handwashing fixtures

Current through Register Vol. 51, page 10, July 15, 2024
Hot and cold water shall be supplied through a mixing faucet
				  controlled by a "hands free" operator. Each handwashing fixture shall be
				  provided with a soap dispenser, hand dryers or protected single use towel
				  dispensers, and waste receptacle.
General Authority:
SDCL
					 34-12-13(3) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(3) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:12 - Exhaust ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered continuous exhaust ventilation shall be
				  provided for soiled areas, wet areas, and toilet rooms at ten air changes each
				  hour and shall be provided for storage rooms at two air changes each
				  hour.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:13 - Waste disposal

Current through Register Vol. 51, page 10, July 15, 2024
Garbage, refuse, and waste shall be handled and disposed of
				  in a safe and sanitary manner. Final disposal of all refuse and waste shall
				  comply with articles 74:27 and 74:28. Putrescible garbage shall be removed at a
				  frequency to contain or prevent odors, insects, and vermin.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:14 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have general ventilation of two air
				  changes each hour. The outside air supply shall be tempered to eliminate cold
				  air from being introduced into occupied space. The supply air unit shall be
				  equipped with one inch furnace filter media installed in the ductwork ahead of
				  the unit. The filter media shall be changed at least every three
				  months.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:15 - Heating and cooling

Current through Register Vol. 51, page 10, July 15, 2024
The facility heating system shall be capable of maintaining
				  a minimum temperature of 75 degrees Fahrenheit at winter design conditions. The
				  building cooling system shall be capable of maintaining room temperatures in
				  occupied spaces at 75 degrees Fahrenheit or less.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:16 - Hot water systems

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall install a recirculating system to provide
				  hot water to all fixtures. Equipment shall be installed to provide hot water at
				  a temperature of 100 (38 degrees centigrade) to 125 degrees Fahrenheit (52
				  degrees centigrade) to all handwashing sinks. Maximum hot water temperatures at
				  plumbing fixtures used by patients may not exceed 125 degrees Fahrenheit (52
				  degrees centigrade).
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:17 - Potable water

Current through Register Vol. 51, page 10, July 15, 2024
All plumbing used for distribution of potable water shall be
				  maintained to minimize dead-end runs of piping. Before placing a potable water
				  system into use and after repairs or modifications, the system shall be
				  disinfected in accordance with the 2009 Uniform Plumbing Code, Section
				  609.9.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:78 - Inpatient chemical dependency treatment facility › Chapter 44:78:02 - Physical environment and safety › Section 44:78:02:18 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply shall be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Environment and Natural Resources. Any private water supply shall have a water
				  sample bacteriologically tested at least monthly. The volume of water shall be
				  sufficient for the needs of the facility. The hot water system shall be capable
				  of supplying the work and resident areas with water at the required
				  temperatures.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).