reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:05 - Clinic policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each abortion facility shall establish and maintain policies,
				  procedures, and practices to govern care, and related medical or other services
				  necessary to meet the patient's needs. The nursing service of an abortion
				  clinic shall provide safe and effective care through the ongoing assessment and
				  monitoring for each patient, including medical, physical, mental, and emotional
				  needs. The abortion facility shall establish and implement procedures for
				  assessment and management of symptoms including pain.
Policies and procedures must include:
(1) Patient eligibility criteria;
(2) Physician competency criteria;
(3) Patient education and informed
				consent;
(4) Clinic operational
				functions;
(5) Patient care,
				including criteria for monitoring and assessment during recovery; care during
				the recovery phase; and criteria for discharge;
(6) Patient rights policies; and
(7) Emergency and disaster plans.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(3),(10),(11).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:06 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
Each abortion facility shall have policies and procedures for
				  discharge planning including the person responsible, members of the discharge
				  planning team, a list of area agencies and resources, and a description of the
				  process. Patients shall be offered assistance to obtain needed services upon
				  discharge.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:07 - Emergency care

Current through Register Vol. 51, page 10, July 15, 2024
Each abortion facility shall establish and implement policies
				  and procedures for emergency care and arrange for transport to a licensed
				  hospital sufficiently close to provide prompt care to the facility's patients
				  if needed. The policies and procedures must provide for an interchange of
				  medical and other information necessary or useful in the care and treatment of
				  individuals transferred between the facilities.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:08 - Medical records

Current through Register Vol. 51, page 10, July 15, 2024
A medical record shall be maintained for each abortion
				  procedure in an abortion facility in conformance with chapter
				  44:04:09.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:09 - Pharmaceutical services

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for pharmaceutical services in abortion
				  facilities centers are as follows:
(1)
				A physician or a pharmacist shall be responsible for the supervision of drug
				stocks in the facility;
(2) Records
				shall be kept of stock supplies of all drugs and shall give an accounting for
				all items purchased and dispensed;
(3) Policies and procedures on drug handling,
				storing, labeling, and dispensing shall be in writing and available to
				personnel; and
(4) All drugs in the
				facility shall be labeled with drug name, strength, and expiration date and
				shall be stored in specially designated, well illuminated cabinets, closets, or
				storerooms. Drug cabinets shall be accessible only to the nurse in charge, the
				physician, or the pharmacist. All drugs controlled pursuant to SDCL chapter
				34-20 B shall be kept in a securely locked box, accessible only to the nurse in
				charge, physician, or the pharmacist.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:10 - Quality assessment

Current through Register Vol. 51, page 10, July 15, 2024
Each abortion facility shall provide for on-going evaluation
				  of the quality of services provided to patients. Components of the quality
				  assessment evaluation shall include establishment of facility standards;
				  interdisciplinary review of patient services to identify deviations from the
				  standards and actions taken to correct deviations; patient satisfaction
				  surveys; utilization of services provided; and documentation of the evaluation
				  and report to the governing body.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(8),(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:11 - Laboratory services

Current through Register Vol. 51, page 10, July 15, 2024
Clinical laboratory tests consistent with the needs of the
				  patients shall be provided or performed by arrangement. The laboratory shall
				  hold a valid Clinical Laboratory Improvement Amendment (CLIA) certificate and
				  comply with CLIA regulations if testing is done onsite. Laboratory tests
				  required on each patient shall be determined by the medical staff and bylaws.
				  The original laboratory report shall be made a part of the patient's medical
				  records. Fire and safety precautions shall be enforced to protect against
				  physical, chemical, and biological hazards peculiar to the
				  laboratory.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(9).
Note:
CLIA applications are obtained from the
					 South Dakota Department of Health, Office of Licensure and Certification, 615
					 East 4th Street, Pierre, SD 57501. Telephone: (605)
					 773-3356 or www.hhs/cms/clia [File Link Not
					 Available].
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:12 - Required informed consent form

Current through Register Vol. 51, page 10, July 15, 2024
In order to meet the requirements of §34-23A-10.1(1),
				  the abortion facility is required to use the informed consent form in Appendix
				  A.
General Authority:
SDCL
					 34-23A-10.5.
Law Implemented:
SDCL
					 34-23A-10.1.(1).
					 34-23A-10.5.
The amended version of this section by
				  48
				  SDR 059, effective
				  12/5/2021 is not
				  yet available.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:04 - Facility and related care services › Section 44:67:04:13 - Mifepristone and Misoprostol Administration for Medical Abortion

Current through Register Vol. 51, page 10, July 15, 2024
(1) For the purpose
				of inducing a medical abortion, a pregnant woman may only take the medications
				Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and
				Misoprostol must be prescribed and dispensed by a licensed physician in a
				licensed abortion facility consistent with SDCL Chapter 34-23 A and in
				compliance with the applicable requirements in SDCL Chapter 36-4. A pregnant
				woman may only take Mifepristone at an abortion facility and only after
				informed consent has been obtained pursuant to SDCL 34-23 A-10.1 and consistent
				with SDCL 34-23A-56. The notice required by
				SDCL 34-23A-10.1(1)(h)
				and 34-23A-10.(1)(3) that the
				physician advise the pregnant woman that if she changes her mind about the
				abortion and decides to carry the baby to term, it is possible to reverse the
				effects of Mifepristone, shall be given. After an observation period in the
				abortion facility, the pregnant woman may return home. Between 24-72 hours
				after taking Mifepristone, if the pregnant woman decides to continue with the
				medical abortion, the pregnant woman shall return to the abortion facility to
				receive the proper amount of Misoprostol dispensed by a licensed physician in
				the same manner as Mifepristone. Neither medication may be dispensed in any
				manner contrary to this section. The abortion facility staff shall monitor the
				pregnant woman for complications for a medically necessary period following
				each administration of the abortion-inducing medications and report:
(A) any complication that requires medical
				follow-up. including an incomplete abortion.
(B) what medical follow-up was required
				resulting from any complication,
(C) what facility the medical follow-up was
				performed, and
(D) whether the
				pregnant woman was sex trafficked.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:05 - Construction standards › Section 44:67:05:01 - Submittal of plans

Current through Register Vol. 51, page 10, July 15, 2024
No construction may begin until plans and specifications
				  covering the construction of new buildings and additions or material
				  alterations to existing buildings are approved by the department. A written
				  narrative describing the intended use of the proposed construction must
				  accompany the plans and specifications.
General Authority:
SDCL
					 34-23A-51.
Law Implemented:
SDCL
					 34-23A-51(1),(3),(5),(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:05 - Construction standards › Section 44:67:05:02 - Procedure rooms and services

Current through Register Vol. 51, page 10, July 15, 2024
Each abortion facility shall be designed and equipped for the
				  types of abortion procedures to be performed.
Procedure rooms shall meet the following requirements:
(1) A minimum area of 115 square feet (10.8
				square meters);
(2) Equipped with a
				vinyl floor surface;
(3) A work
				station and handwashing sink. Handwashing facilities must be equipped with
				hands-free controls and have a water supply spout mounted so that the discharge
				is a minimum five inches above the rim of the fixture;
(4) Adequate lighting with protective covers
				to prevent lamps from shattering; and
(5) Battery operated emergency lighting.
Procedure services shall include:
(1) Provisions for immediate post-procedure
				care; and
(2) Emergency drugs and
				supplies specified by the medical staff.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:67 - Abortion facilities › Chapter 44:67:05 - Construction standards › Section 44:67:05:03 - Recovery rooms and services

Current through Register Vol. 51, page 10, July 15, 2024
Each abortion facility shall be designed and equipped for the
				  types of abortion procedures to be performed.
Recovery rooms shall meet the following requirements:
(1) A minimum area of 45 square feet in each
				recovery station;
(2) Privacy
				curtains surrounding each recovery station;
(3) A work station and handwashing sink.
				Handwashing facilities shall be equipped with hand-free controls and have a
				water supply spout mounted so that the discharge is a minimum of five inches
				above the rim of the fixture;
(4)
				Adequate lighting with protective covers to prevent lamps from
				shattering;
(5) An emergency call
				system to summon staff; and
(6)
				Battery operated emergency lighting.
Recovery services shall include:
(1) Provisions for immediate post-procedure
				care; and
(2) Emergency drugs and
				supplies specified by the medical staff.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:01 - Definitions › Section 44:68:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  34-12-52 have the same meaning in
				  this article. In addition, terms used in this section mean:
(1) "Advanced life support (ALS)," a level of
				prehospital and interhospital emergency care consisting of basic life support
				procedures and definitive therapy including the use of invasive procedures and
				may include the use of drugs and manual defibrillation;
(2) "Advanced trauma life support (ATLS),"
				the advanced trauma life support course authorized by the American College of
				Surgeons -- Committee on Trauma;
(3) "Local emergency medical services
				transport plans (LEMSTP)," any plan developed by any emergency medical service,
				medical director, and hospital official which establish the most efficient
				method to transport trauma patients;
(4) "Trauma nursing core course (TNCC)," the
				trauma nursing core course authorized by the Emergency Nurses
				Association;
(5) "Trauma team," a
				group of health care professionals, designated by the local hospital, who
				provide care to the trauma patient; and
(6) "Trauma team alert patient," any patient
				that has injuries that require the activation of the local hospital trauma
				team.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:01 - Levels of designation

Current through Register Vol. 51, page 10, July 15, 2024
The six levels of trauma hospital designation are:
(1) Level I -- tertiary trauma
				hospital;
(2) Level II -- regional
				trauma hospital;
(3) Level III --
				area trauma hospital;
(4) Level IV
				-- community trauma hospital;
(5)
				Level V -- trauma receiving hospital; and
(6) Level VI -- non-trauma
				hospital.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:02 - Level I, Level II, or Level III trauma hospital designation

Current through Register Vol. 51, page 10, July 15, 2024
Any hospital applying for Level I, Level II, or Level III
				  trauma hospital designation shall present evidence of current trauma hospital
				  verification from the American College of Surgeons. The department shall issue
				  a certificate of designation with an expiration date consistent with the
				  American College of Surgeons verification expiration date.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:03 - Level IV and Level V trauma hospital designation application

Current through Register Vol. 51, page 10, July 15, 2024
Any hospital applying for Level IV or Level V trauma hospital
				  designation shall submit an application to the department on a form prescribed
				  by the department. The department or its designee shall conduct an on-site
				  visit to verify the content of the application. Once the application is
				  approved, the department shall issue a certificate of designation to the
				  facility. The certificate of designation shall have an expiration date of no
				  more than three years from the date of issuance.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:04 - Level VI hospital designation application

Current through Register Vol. 51, page 10, July 15, 2024
Level VI is limited to hospitals licensed pursuant to
				  §44:04:01:02. Any hospital seeking designation as a Level VI hospital
				  shall submit an application to the department indicating the following:
(1) The type of healthcare services provided
				at the facility;
(2) That 24/7
				registered nurse supervision is available, except for facilities with swing
				beds; and
(3) Transfer protocols
				are in place for trauma patients.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:05 - Failure to maintain designation as a trauma hospital

Current through Register Vol. 51, page 10, July 15, 2024
A hospital that fails to maintain the criteria established
				  pursuant to SDCL
				  34-12-52 to
				  34-12-55, inclusive, and this
				  article shall submit a plan of correction to the department for approval. Once
				  the plan is approved, the hospital shall complete the plan of correction within
				  the timeframe outlined in the plan. The department may reinstate the trauma
				  hospital as a designated trauma hospital upon completion of the plan of
				  correction. Failure to follow an approved plan of correction or failure of a
				  hospital to meet one of the six designation levels shall result in notification
				  to the secretary of the department that the hospital has failed to comply with
				  all applicable laws and regulations.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:06 - Recognition of out-of-state trauma hospitals

Current through Register Vol. 51, page 10, July 15, 2024
The department may recognize any out-of-state hospital that
				  has been designated as a trauma hospital pursuant to the applicable laws and
				  regulations of the hospital's home state.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:07 - Designation criteria for Level IV community trauma hospitals

Current through Register Vol. 51, page 10, July 15, 2024
A Level IV community trauma hospital shall meet the following
				  criteria:
(1) The hospital
				organization shall have:
(a) A trauma program
				recognized by the hospital, including a physician medical director and trauma
				nurse leader;
(b) A
				hospital-specific definition of a trauma team alert patient;
(c) A multidisciplinary operational and
				performance improvement review committee with a defined purpose and meeting
				format. The committee may be combined with another performance improvement
				committee established by the hospital;
(d) Defined trauma team roles and
				responsibility;
(e) Defined trauma
				team activation guidelines; and
(f)
				Defined trauma transfer protocols;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:02 - Trauma hospital designation › Section 44:68:02:08 - Designation criteria for Level V trauma receiving hospitals

Current through Register Vol. 51, page 10, July 15, 2024
A Level V trauma receiving hospital shall meet the following
				  criteria:
(1) The hospital
				organization shall have:
(a) A trauma program
				recognized by the hospital, including a physician medical director and trauma
				nurse leader;
(b) A
				hospital-specific definition of a trauma team alert patient;
(c) A multidisciplinary operational and
				performance improvement review committee with a defined purpose and meeting
				format. The committee may be combined with another performance improvement
				committee established by the hospital;
(d) Defined trauma team roles and
				responsibility;
(e) Defined trauma
				team activation guidelines; and
(f)
				Defined trauma transfer protocols;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:03 - Pre-hospital emergency services triage and treatment protocols › Section 44:68:03:01 - Local emergency medical services transport plan

Current through Register Vol. 51, page 10, July 15, 2024
Each emergency medical service shall develop and implement a
				  local emergency medical service transport plan for the transport of trauma team
				  alert patients. The LEMSTP shall be approved by each participating health care
				  entity named in the plan and the medical director of the emergency medical
				  service. The final LEMSTP shall be submitted to the department for approval.
				  The LEMSTP shall be updated and submitted to the department at least every five
				  years, and if the LEMSTP is revised.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:03 - Pre-hospital emergency services triage and treatment protocols › Section 44:68:03:02 - Content of transport plan

Current through Register Vol. 51, page 10, July 15, 2024
The LEMSTP shall include:
(1) The name of the ambulance
				service;
(2) The city where the
				ambulance service is located;
(3)
				Name of person completing the transport plan;
(4) The date the transport plan was
				completed;
(5) Hospital resources,
				including designated trauma hospitals in response area;
(6) Other resources, including rugged and
				technical rescue or special rescue capability or biohazard decontamination
				capability;
(7) Additional
				resources, including ground ambulance service, quick response units, rescue and
				extrication units, air medical services, and first responder groups;
(8) A service area map;
(9) The trauma transport protocol, by zones
				if applicable;
(10) The criteria
				utilized to activate a trauma team alert;
(11) The criteria utilized to activate mutual
				aid or ALS by ground and air; and
(12) A signature page including the
				signatures of:
(a) The ambulance service chief
				officer;
(b) The ambulance service
				medical director; and
(c) The
				primary receiving hospital trauma coordinator.
Transport plans will be made available to any licensed trauma
				  hospital in South Dakota.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:03 - Pre-hospital emergency services triage and treatment protocols › Section 44:68:03:03 - Triage

Current through Register Vol. 51, page 10, July 15, 2024
Each emergency medical service shall adopt triage guidelines
				  that include processes for identifying patients based on severity of injury and
				  for prioritizing patients for treatment and transport. These guidelines shall
				  be used for any event that places significant demand on local resources, be it
				  equipment or personnel.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:03 - Pre-hospital emergency services triage and treatment protocols › Section 44:68:03:04 - Treatment protocols

Current through Register Vol. 51, page 10, July 15, 2024
Each emergency medical service shall adopt trauma patient
				  treatment protocols that have been reviewed and approved by the service medical
				  director. These protocols shall meet the most recent edition of the South
				  Dakota Department of Health EMS Pre-Hospital Treatment Guidelines,
				  3rd Edition, 2010.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Department of Health EMT Pre-Hospital
					 Treatment Guidelines, - 3rd Edition, 1997 2010. Copies may be obtained at no
					 cost from the South Dakota Department of Health, 600 East Capitol Avenue,
					 Pierre, SD 57501 or online
http://doh.sd.gov/documents/EMS/EMT-BasicGuidelines.pdf
.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:04 - Statewide trauma registry › Section 44:68:04:01 - Reporting

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish a trauma registry. Level I,
				  II, III, IV, and V trauma hospitals shall report to the department regarding
				  any patient that meets the local hospital criteria for trauma team activation,
				  or any patient that has a hospital admission of greater than 48 hours with at
				  least one injury, an International Classification of Diseases,
				  9th revision ICD-9 diagnosis code between 800.00 and
				  959.9, including 940-949 (burns), excluding 905-909 (late effects of injuries),
				  910-924 (blisters, contusions, abrasions, and insect bites), 930-939 (foreign
				  bodies), and isolated hip fractures resulting from a same level fall unrelated
				  to a traumatic event, and also meet at least one of the following
				  criteria:
(1) The patient's outcome
				was death due to trauma;
(2) The
				patient was admitted to the intensive care unit and/or operating room;
				or
(3) The patient was transferred
				either into or out of the hospital.
Reporting may occur electronically, through completion of the
				  paper form, or another method approved by the department.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
International Classification of Diseases,
					 9th revision, 2009. Copies may be obtained from
					 Ingenix, PO Box 27116, Salt Lake City, UT 84127-0116. Cost: $94.95 or order
					 online at
http://www.shopingenix.com/modules/catalog/catalog_product.asp?ProductID=28934&CategoryID=100093&MarketType
					 [File Link Not Available]=.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:68 - State trauma care system › Chapter 44:68:04 - Statewide trauma registry › Section 44:68:04:02 - Confidentiality of trauma registry data

Current through Register Vol. 51, page 10, July 15, 2024
Any report required to be submitted to the statewide trauma
				  registry is strictly confidential medical information. No report may be
				  released, shared with any agency or institution, or made public, upon subpoena,
				  search warrant, discovery proceedings, or otherwise. No report is admissible as
				  evidence in any action of any kind in any court or before any tribunal, board,
				  agency, or person. However, the department may release data for statistical
				  purposes in such a manner that no person, hospital, or emergency medical
				  service can be identified.
General Authority:
SDCL
					 34-12-54.
Law Implemented:
SDCL
					 34-12-53,
					 34-12-54.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:01 - 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 gestures, or
				engaging in other acts made to or directed at a patient or resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:02 - Name of birth center

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center 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 birth center
				  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
					 34-12-62.
Law Implemented:
SDCL
					 34-12-5,
					 34-12-7,
					 34-12-62.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:03 - Bed capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the bed capacity of each birth
				  center pursuant to the physical plant and space provisions of this article.
				  Where indicated, additional regulations specific to birth centers with three or
				  more beds apply. The client census may not exceed the bed capacity for which
				  the birth center is licensed. A request by the birth center 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
					 34-12-62.
Law Implemented:
SDCL
					 34-12-5,
					 34-12-7,
					 34-12-62.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:04 - Restrictions on acceptance of clients

Current through Register Vol. 51, page 10, July 15, 2024
A birth center shall accept clients in accordance with the
				  following restrictions:
(1) A client
				admitted to a birth center shall be housed within the birth center covered by
				the license;
(2) A licensed birth
				center may not accept or retain clients who require care in excess of the
				classification for which it is licensed; and
(3) Personnel essential to maintaining
				adequate staff may not leave a licensed birth center during their tour of duty
				in the birth center to provide services to persons who are not clients of the
				birth center with the exception of providing emergency care on premises
				contiguous to the birth center's property.
General Authority:
SDCL
					 34-12-62(12).
Law Implemented:
SDCL
					 34-12-62(12).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:05 - Joint occupancy

Current through Register Vol. 51, page 10, July 15, 2024
The use of a portion of a building for purposes 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 clients.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:06 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each licensed birth center shall submit to the department the
				  pertinent data necessary to comply with the requirements of SDCL chapter 34-12
				  and this article.
Each birth center shall report to the department within 48
				  hours of the event any death on birth center property and any allegation of
				  abuse or neglect of any client by any person.
Each birth center shall also report to the department as soon
				  as possible any fire with structural damage or where injury or death occurs;
				  any partial or complete evacuation of the birth center 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 birth center for more than 24
				  hours,
Each birth center shall notify the department of any
				  anticipated closure or discontinuance of service at least 30 days in advance of
				  the effective date.
General Authority:
SDCL
					 34-12-62(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:07 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within 15 days of the receipt of the statement of
				  deficiencies, each birth center shall submit to the department a written plan
				  of correction for citations 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 birth center to attain or maintain compliance
				  with SDCL chapter 34-12 and this article.
General Authority:
SDCL
					 34-12-62.
Law Implemented:
SDCL
					 34-12-62.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:08 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
Modifications to the staffing requirements provided in §
									44:69:03:02 may be approved by the
				  department for licensed birth centers which are physically combined and jointly
				  operated. The health and safety of the client in either birth center may not be
				  jeopardized.
Modifications specified by this section may be requested by
				  the birth center. If the department approves the modifications, the approval
				  shall be in writing. The approval letter shall specify the modifications
				  permitted and any limitations pertaining to the
				  modifications.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:01 - Rules of general applicability › Section 44:69:01:09 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:69 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
					 34-12-62(2).
Law Implemented:
SDCL
					 34-12-62(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The birth center shall be designed, constructed, maintained,
				  and operated to minimize the sources and transmission of infectious diseases to
				  clients, personnel, visitors, and the community at large.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
Any pet kept in a birth center may not negatively affect the
				  well-being of clients.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
Physically disabled, blind or deaf person's right to be
					 accompanied by guide dog without extra charge, SDCL
					 20-13-23.2.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:03 - Cleaning methods and facilities

Current through Register Vol. 51, page 10, July 15, 2024
The birth center shall have equipment, work areas, and
				  complete written procedures for cleaning, sanitizing, disinfecting, or
				  sterilizing all work areas, equipment, utensils, dressings, medical devices,
				  and solutions used for clients' care. Common use equipment shall be disinfected
				  or sterilized after each use.
A separate clean and soiled utility room shall be provided
				  for birth centers with three or more beds.
All parts of the birth center shall be kept clean, neat, and
				  free of visible soil, litter, and rubbish.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:04 - Sterilization

Current through Register Vol. 51, page 10, July 15, 2024
Instruments, supplies, utensils and equipment which are not
				  single service shall be decontaminated before sterilization in a manner that
				  makes them safe for handling by personnel. Supplies and equipment commercially
				  prepared and sterilized to retain sterility indefinitely are acceptable in lieu
				  of sterilization in the birth center. Autoclaves used for steam sterilization
				  shall be bacteriologically monitored at least weekly. Supplies and equipment
				  sterilized and packaged in the birth center shall have the processing date on
				  the package and shall be reprocessed in accordance with any specific
				  manufacturer's recommendation for the packaging.
General Authority:
SDCL
					 34-12-62(7).
Law Implemented:
SDCL
					 34-12-62(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:05 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
If an in-house food service is provided, the birth center
				  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 birth center shall have
				  the space, equipment, supplies, and mechanical systems for efficient, safe, and
				  sanitary food preparation. If a birth center'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
					 34-12-62(9) and
					 (13).
Law Implemented:
SDCL
					 34-12-62(9) and
					 (13).
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
					 $4.08.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:06 - 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 birth center 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. A
				  birth center providing laundry services shall have adequate space and equipment
				  for the safe and effective operation of the laundry service.
General Authority:
SDCL
					 34-12-62(7) and
					 (13).
Law Implemented:
SDCL
					 34-12-62(7) and
					 (13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:07 - Infection control

Current through Register Vol. 51, page 10, July 15, 2024
The infection control program shall utilize the concept of
				  standard precautions as the basis for infection control pursuant to chapter
				  44:20:04. The birth center shall have written procedures that govern the use of
				  aseptic techniques and procedures in all areas of the birth center. Each birth
				  center shall develop policies and procedures for the handling and storage of
				  potentially hazardous substances (including lab specimens).
A birth center with three or more beds shall designate an
				  employee to be responsible for the implementation of the infection control
				  program including surveillance and reporting activities.
Each birth center shall provide an organized infection
				  control program for preventing, investigating, and controlling
				  infection.
General Authority:
SDCL
					 34-12-62(7).
Law Implemented:
SDCL
					 34-12-62(7).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:08 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to any occupant. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of any client admitted to the birth
				  center.
A birth center with three or more beds 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
				clients;
(3) Provide a call system
				for each birth room and in all toilet rooms and bathing facilities routinely
				used by clients. The call system shall be capable of being easily activated by
				a client and shall register at a staff location. A wireless call system may be
				used;
(4) 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;
(5) Portable space heaters and portable
				halogen lamps may not be used in a birth center;
(6) Household-type electric blankets or
				heating pads may not be used in a facility;
(7) Any light fixture located over a client
				bed, in any bathing or treatment area, in a clean supply storage room, in any
				laundry clean linen storage area, or in any medication set-up area shall be
				equipped with a lens cover or a shatterproof lamp; and
(8) Any clothes dryer shall have a galvanized
				metal vent pipe for exhaust.
General Authority:
SDCL
					 34-12-62(1), (5), and
					 (6).
Law Implemented:
SDCL
					 34-12-62(1), (5), and
					 (6).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:09 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
A birth center 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.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:10 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of a birth center shall promote the health,
				  treatment, comfort, safety, and well-being of persons accepted and retained for
				  care. A birth center shall be served by good, passable roads. Easy
				  accessibility for employees, visitors, and fire-fighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:02 - Physical environment and fire safety › Section 44:69:02:11 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
A birth center 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 client
				  or staff.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:03 - Fire protection › Section 44:69:03:01 - Fire standards and general fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall meet applicable fire safety standards
				  in
NFPA 101 Life Safety Code
, 2009 edition.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
NFPA 101 Life Safety Code
, 2009 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: $76.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:03 - Fire protection › Section 44:69:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center 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. At least two staff members shall be on duty if a
				  client is present. In a multilevel birth center, at least one staff member
				  shall be on duty on each floor containing occupied beds. Compliance with this
				  section does not eliminate or reduce the necessity for other provisions for
				  safety of persons using the structure under normal occupancy
				  conditions.
General Authority:
SDCL
					 34-12-62(1).
Law Implemented:
SDCL
					 34-12-62(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:04 - Management and administration › Section 44:69:04:01 - Governing body

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center operated by limited liability partnership,
				  a corporation, or political subdivision shall have an organized governing body
				  legally responsible for the overall conduct of the birth center. If the birth
				  center is operated by an individual or partnership, the individual or
				  partnership shall carry out the functions in this article pertaining to the
				  governing body. The governing body shall establish and maintain administration
				  policies, procedures, or bylaws governing the operation of the birth center.
				  The governing body shall review and approve the credentials of physicians and
				  certified nurse midwives permitted to attend births. There shall be a system
				  established to reevaluate credentials every two years.
General Authority:
SDCL
					 34-12-62(2).
Law Implemented:
SDCL
					 34-12-62(2).