reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:04 - Application for accreditation

Current through Register Vol. 51, page 10, July 15, 2024
An agency seeking to operate an accredited alcohol, other drug, or
	 gambling program shall submit an application for accreditation to the
	 department. The department shall return and not consider an incomplete
	 application submitted by an agency. The department shall make accreditation
	 application forms available upon request to an agency seeking initial
	 accreditation or seeking to add a new level of care to a currently accredited
	 agency.
If an agency is seeking renewal of accreditation, the department shall
	 provide the necessary application forms for the agency at least sixty days
	 before the expiration of the agency's current accreditation.
An agency shall comply with rules in this article that apply to the
	 program classifications for which the accreditation is
	 granted.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:05 - Policies and procedures subject to approval

Current through Register Vol. 51, page 10, July 15, 2024
All agency policies, procedures, and other requirements listed in
	 article 67:61 are subject to the approval of the department as part of the
	 accreditation process.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:06 - Provisional accreditation and comprehensive survey

Current through Register Vol. 51, page 10, July 15, 2024
The department may grant provisional accreditation to an agency seeking
	 accreditation for the first time or to an agency previously accredited to
	 regain accreditation. A provisional accreditation certificate may only be
	 issued upon submission of a completed application and a preliminary
	 comprehensive survey by the department to determine compliance with this
	 article and the requirements of SDCL chapter 34-20 A.
A provisional accreditation expires after six months and may not be
	 extended except with the approval of the department to accommodate department
	 scheduling delays not to exceed an additional three months. A follow-up,
	 comprehensive survey shall be conducted prior to the expiration of the
	 provisional accreditation to determine if the requirements of SDCL chapter
	 34-20 A and this article have been met. At that time, the department
	 shall:
(1) Grant a one-year
  accreditation certificate for a new agency;
(2) Grant accreditation up to the end date of
  the original certification for a currently accredited agency; or
(3) Deny accreditation.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:07 - Extension of accreditation period

Current through Register Vol. 51, page 10, July 15, 2024
The department may extend the period of accreditation to accommodate
	 department on-site scheduling delays. The department shall document and
	 maintain the reason for the extension. No extension shall exceed a period of
	 one year beyond the certificate expiration date.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:08 - Renewal of accreditation - Comprehensive survey

Current through Register Vol. 51, page 10, July 15, 2024
Any agency currently accredited by the department shall participate in
	 a comprehensive survey to determine compliance with the requirements of this
	 article and SDCL chapter 34-20 A. The department shall notify the agency of the
	 date of the comprehensive survey.
The department shall make a decision regarding compliance with SDCL
	 chapter 34-20 A and this article, within ninety days of the on-site
	 comprehensive survey, based on the evaluation of each component of the
	 accreditation application and materials reviewed and:
(1) Issue a three-year accreditation
  certificate, if an agency is in compliance with ninety percent or more of the
  requirements and submits a plan of correction that is approved by the
  department and addresses all areas of noncompliance;
(2) Issue a two-year accreditation
  certificate, if an agency is in compliance with seventy to eighty-nine percent
  of the requirements and submits a plan of correction that is approved by the
  department and addresses all areas of noncompliance;
(3) Place an agency on probation for not more
  than six months, if an agency is in compliance with less than seventy percent
  of the requirements. If the agency successfully completes a plan of correction
  approved by the department, addresses all areas of noncompliance, and attains
  at least seventy percent during an onsite comprehensive survey at the end of
  the probationary period, the department shall issue a one-year accreditation
  certificate; or
(4) Deny
  accreditation if the agency fails to meet the requirements of SDCL chapter
  34-20 A and this article or fails to submit a plan of correction approved by
  the department.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:09 - Comprehensive survey report - Plan of correction

Current through Register Vol. 51, page 10, July 15, 2024
The department shall, within thirty days following the on-site,
	 comprehensive survey, report its findings to the agency. If an agency is not in
	 compliance with this article, the department shall notify the agency of the
	 areas of noncompliance in the accreditation report. The agency shall submit a
	 plan of correction to the department within thirty days of receiving the
	 accreditation report. The plan must include the action to be taken to correct
	 the areas of noncompliance and the date the action is to be completed. The plan
	 of correction is subject to acceptance or rejection, in whole or in part, by
	 the department. The department shall, within thirty days of receiving the plan
	 of correction, notify the agency of the department's decision regarding
	 approval or disapproval of the plan and the accreditation status of the agency.
	 The department may conduct a follow-up review of the agency to evaluate the
	 corrections. Failure to submit a plan of correction or failure to have the plan
	 of correction approved by the department will result in probation, suspension,
	 or revocation of accreditation.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27,
		34-20A-44.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:10 - Reasons for placing an agency on probation

Current through Register Vol. 51, page 10, July 15, 2024
The department may place an agency on probation if:
(1) The agency is in compliance with less
  than seventy percent of the requirements of this article and SDCL chapter 34-20
  A;
(2) The agency fails to follow
  through with the plan of correction to address the areas of noncompliance noted
  by the department within the accreditation report;
(3) The agency has serious infractions of
  this article that affect the overall continuity of care or safety of
  clients;
(4) The agency falsifies
  information provided to the department for accreditation or funding
  purposes;
(5) The agency
  participates in, condones, or permits illegal acts;
(6) The agency is associated with fraud,
  deceit, or coercion;
(7) The agency
  fails to comply with licensing and other standards that are required by federal
  or state laws, rules, or regulations; state and federal confidentiality laws;
  and this article, and which may result in practices that are detrimental to the
  welfare of a client; or
(8) The
  agency refuses to allow the department access for a comprehensive survey, a
  complaint review, or any necessary follow-up review.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:11 - Probation procedures

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines there is sufficient cause to place an
	 agency on probation, the following must occur:
(1) The department shall send the agency
  written notice of probationary status and areas of noncompliance;
(2) The agency shall develop and submit a
  plan of correction, pursuant to §
									67:61:02:09, within thirty days of
  the receipt of the notice of probationary status;
(3) Upon receipt of the plan of correction,
  the department shall notify the agency within five business days of the
  department's decision to approve or deny the plan of correction; and
(4) The department shall conduct a site
  visit, at least once during the probationary period, to monitor progress on
  plan of correction items. At the end of the probationary period, the department
  shall conduct a comprehensive survey of the agency and may:
(a) Grant a one year accreditation
  certificate if the agency has successfully obtained at least seventy percent
  compliance during the final comprehensive survey;
(b) Suspend the agency's accreditation;
  or
(c) Revoke the agency's
  accreditation.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:12 - Suspension or revocation procedures

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide written notice to an agency of the
	 department's intent to suspend or revoke the agency's accreditation.
The suspension or revocation is effective fifteen days after receipt of
	 the notice. The notice shall contain the reason for the department's action,
	 the opportunity for the agency to request reconsideration by the department,
	 and the appeal process.
An agency's request for reconsideration must be in writing and received
	 by the department within 15 days of receipt of notification of suspension or
	 revocation.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:13 - Acceptance of new clients prohibited

Current through Register Vol. 51, page 10, July 15, 2024
An agency that has been placed on probation or whose accreditation has
	 been suspended is prohibited from accepting new clients until the department
	 approves the plan of correction.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:14 - Delay in meeting requirements

Current through Register Vol. 51, page 10, July 15, 2024
The department may grant an agency a delay in meeting the requirements
	 of this article to avoid undue hardship on the agency if the department
	 determines that allowing a delay would be in the best interests of the agency's
	 clients.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:15 - Denial of accreditation

Current through Register Vol. 51, page 10, July 15, 2024
If the department denies accreditation to an agency, the department
	 shall send notice of the denial to the agency by certified mail, return receipt
	 requested, within sixty days of the final review. The notice of denial must
	 inform the agency that the denial is effective fifteen days after receipt of
	 the notice.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:16 - Reconsideration of application for accreditation

Current through Register Vol. 51, page 10, July 15, 2024
An agency may request that the department reconsider an application.
	 The request must be in writing and sent within fifteen calendar days after
	 receipt of the denial of accreditation.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:17 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
An agency may appeal to the secretary of the department any denial,
	 revocation, or suspension of certification, or placement on probation by the
	 department. An appeal to the department must be sent by certified mail within
	 fifteen calendar days after receipt of notification of the department's action
	 and request a fair hearing pursuant to SDCL chapter 1-26.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:18 - Time and place of hearing - Time extension

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer must be held within 45
	 days after the department receives request for a fair hearing. The hearing
	 officer must set a time and place for the hearing to be held at the earliest
	 reasonable time. The hearing officer may continue the hearing at the request of
	 any parties involved and upon agreement by the parties to a specific extension
	 of time.
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:19 - Accreditation certificate nontransferable

Current through Register Vol. 51, page 10, July 15, 2024
A certificate issued by the department applies only to the applicant
	 agency, the original facilities, and program classifications for which the
	 certificate was issued. The agency shall notify the department in writing
	 within thirty days before a change of ownership, facility, or program for a
	 determination on continued accreditation. A new application for accreditation
	 must be filed if there is a change of ownership, facility, or
	 program.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:20 - Changes requiring notification

Current through Register Vol. 51, page 10, July 15, 2024
An accredited agency shall notify the department before a change in the
	 agency director, a reduction in services provided by the agency, or an
	 impending closure of the agency so that the department may make a determination
	 on continued accreditation.
An accredited agency shall give the department thirty days written
	 notice of closure. The agency shall provide the department written
	 documentation outlining the manner in which safe storage of financial records
	 will be provided, for at least six years from the date of closure, and safe
	 storage of client case records will be provided, for a minimum of six years
	 from closure, as required by 42 C.F.R. §
										2.19, in effect
	 on October 1, 1999,. The department may assist in making arrangements for the
	 continuation of services to clients by another accredited agency before the
	 closing.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:02 - Accreditation › Section 67:61:02:21 - Sentinel event notification

Current through Register Vol. 51, page 10, July 15, 2024
Each accredited agency shall make a report to the department within
	 twenty-four hours of any sentinel event including: death not primarily related
	 to the natural course of the client's illness or underlying condition,
	 permanent harm, or severe temporary harm, and intervention required to sustain
	 life.
The agency shall submit a follow-up report to the department within
	 seventy-two hours of any sentinel event and the report must include:
(1) A written description of the
  event;
(2) The client's name and
  date of birth; and
(3) Immediate
  actions taken by the agency.
Each agency shall develop root cause analysis policies and procedures
	 to utilize in response to sentinel events.
Each agency shall 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 facility resulting from natural disaster; any loss
	 of utilities, including electricity, natural gas, and phone lines; and any loss
	 of an emergency generator, fire alarms, sprinklers, and other critical
	 equipment necessary for operation of the facility for more than twenty-four
	 hours.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:03 - Governance › Section 67:61:03:01 - Articles of incorporation

Current through Register Vol. 51, page 10, July 15, 2024
Each agency that is not a governmental agency or federally recognized
	 tribe, that provides intensive outpatient treatment services, day treatment
	 services, clinically-managed, residential detoxification services,
	 medically-monitored, intensive inpatient treatment services, or
	 clinically-managed, low-intensity residential treatment services must be
	 incorporated as, or as a part of, either a business corporation or a nonprofit
	 corporation in accordance with SDCL chapters 47-1 A and 47-22 to 47-28,
	 inclusive.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:03 - Governance › Section 67:61:03:02 - Board of director policies

Current through Register Vol. 51, page 10, July 15, 2024
An agency operating as a nonprofit corporation must have a board of
	 directors. The board of directors shall establish policies that govern the
	 overall management of the agency and reflect community concerns and
	 interests.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:03 - Governance › Section 67:61:03:03 - Board meetings and minutes of meetings

Current through Register Vol. 51, page 10, July 15, 2024
The board of directors of each agency with a board shall meet at least
	 quarterly. Minutes of all board meetings must be kept by the agency. The
	 minutes must include at least the following:
(1) The date of the meeting;
(2) The names of board members in
  attendance;
(3) The topics
  discussed;
(4) The actions
  taken;
(5) A summary of the agency
  director's report; and
(6) Any
  fiscal reports.
The agency shall make the minutes available for review by the
	 department.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:03 - Governance › Section 67:61:03:04 - Discrimination in services prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No agency may deny any person equal access to its facilities or
	 services on the basis of race, color, religion, gender, ancestry, or national
	 origin. No agency may deny any person equal access to its facilities or
	 services on the basis of mental or physical illness, or disability, unless such
	 illness or disability makes treatment offered by the agency non-beneficial or
	 hazardous. Each agency shall ensure that it complies with the Americans with
	 Disabilities Act, 42 U.S.C.
	 §§
										12101 et seq., in effect on
	 September 25, 2008 and 28 C.F.R. Part 36, in effect on January 17, 2017. The
	 agency shall provide referral services to individuals not admitted to
	 treatment.
General Authority:
SDCL 1-36-25, 34-20A-27.
Law Implemented:
SDCL 1-36-25, 20-13-23, 20-13-23.1,
		34-20A-27(3), 29 U.S.C.
		§
												794 (December 10,
		2015).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:01 - Policies and procedures manual

Current through Register Vol. 51, page 10, July 15, 2024
Each agency must have a policy and procedure manual to ensure
	 compliance with this article and procedures for reviewing and updating the
	 manual.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:02 - Statistical data

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall submit statistical data on each client receiving
	 services to the department in a manner agreed upon by the department and the
	 agency. The agency shall provide statistical data on all services in accordance
	 with the state management information system, and any other data required by
	 the department and state and federal laws and regulations.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:03 - Compliance - Case record review

Current through Register Vol. 51, page 10, July 15, 2024
Each agency must establish an ongoing compliance review process for
	 the review of case records to assure the quality and appropriateness of
	 services. Agency staff must be informed of the review process, and it must be
	 made a part of the agency's policies and procedures manual. In addition, there
	 must be a procedure to address any issues that are discovered during the
	 compliance review process.
General Authority:
SDCL
		27A-5-1(1)(2)(3)(4)(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1)(2)(3)(4)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:04 - Retention of records

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall retain all financial records, client case records,
	 and documentation of services provided, for at least six calendar years
	 post-treatment. If a client is under age eighteen on the last date of
	 treatment, records shall be retained for at least six calendar years after the
	 client reaches age eighteen. Records may not be destroyed while an audit or
	 investigation is pending.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:05 - Accounting systems, cost reporting, and annual audit

Current through Register Vol. 51, page 10, July 15, 2024
An accredited agency shall maintain an accounting system pursuant to
	 generally accepted accounting principles. If requested by the department, the
	 agency shall submit to the department a copy of an annual entity-wide,
	 independent financial audit. The audit must be completed and filed with the
	 department by the end of the fourth month following the end of the fiscal year
	 being audited.
Each audit must contain, as part of the supplementary information, a
	 cost report as outlined by the department. If applicable, the audit must be
	 conducted in accordance with 2 C.F.R. Part 200, subpart F, in effect on August
	 13, 2020.
For either an entity-wide, independent financial audit or a Single
	 Audit, the agency shall assure the resolution of all interim audit findings.
	 The agency shall facilitate and aid any such reviews, examinations, and
	 agreed-upon procedures the department or any contractor may
	 perform.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
Office of Management and Budget (OMB) Circular A-133, "Audits of
		States, Local Governments, and Non-Profit Organizations", March 2008. Copies
		are available from the following website:
		https://www.whitehouse.gov/omb/circulars_a133_compliance_08_08toc.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:06 - Fees for services

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall adopt a schedule of fees for services and shall base
	 the fees on the client's ability to pay. The agency shall provide its clients,
	 referral resources, the public, and the department with up-to-date fees for
	 services, including the fee per unit of service and any standard fees not
	 included in the unit rate charged by the agency.
The agency shall make every effort to collect payment from clients for
	 services in accordance with its fee schedule and to collect reimbursement for
	 costs of services for all clients from other third-party
	 sources.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:07 - Client orientation

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall develop policies and procedures to ensure orientation
	 to the program is provided to a new client at or before time of admission or as
	 soon thereafter as possible. The orientation must include:
(1) The agency's purpose and a description of
  the treatment process;
(2) All
  relevant agency policies;
(3) The
  hours during which services are available;
(4) The fees for services and the
  responsibility for payment for those fees;
(5) Information regarding the right to
  confidentiality, in accordance with
  42 U.S.C. §§
										290 dd-2, in effect on March 27, 2020, 42
  C.F.R. Part 2, in effect on January 18, 2017, and, 45 C.F.R. Part 160 and 164,
  in effect on September 26, 2016; and
(6) The rights of the client while receiving
  services, in accordance with §§
									67:61:06:01 and
  67:61:06:02.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:08 - Description of treatment services

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall provide a written description of each service provided
	 to all staff members, clients, the department, and upon request, to the public.
	 The description must include:
(1) The
  eligibility criteria contained in §§
									67:61:12:01,
  67:61:13:01,
  67:61:14:01,
  67:61:15:01,
  67:61:16:01,
  67:61:17:01, or
  67:61:18:01;
(2) The continued
  services criteria contained in §
									67:61:07:07;
(3) The discharge criteria contained in
  §
									67:61:07:09;
(4) The policies and procedures governing
  client use of alcohol or other drugs while participating in treatment;
  and
(5) The services and activities
  to be provided, including a description of the frequency and
  duration.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:04 - General management requirements › Section 67:61:04:10 - Support services directory

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall maintain an electronic or written directory complete
	 with the name, address, and telephone number of credentialed service providers
	 available to provide the agency's clients with the following services, if
	 applicable:
(1) Alcohol and other drug
  services;
(2) Social and mental
  health services;
(3) Medical
  services;
(4) Employment
  services;
(5) Education and
  educational counseling;
(6)
  Vocational evaluation and counseling;
(7) Continuing care services;
(8) Legal services; and
(9) Pastoral services.
The agency shall make the directory available to clients at all times
	 and to the department at the time of inspection.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:01 - Tuberculin screening requirements

Current through Register Vol. 51, page 10, July 15, 2024
Tuberculin screening requirements for employees are as follows:
(1) Each new staff member, intern, and
  volunteer shall receive both steps of the two-step tuberculin skin test or a
  tuberculosis blood assay test to establish a baseline, within fourteen days of
  employment. Any two documented tuberculin skin tests completed within a twelve
  month period before the date of employment may be considered a two-step or one
  tuberculosis blood assay test completed within a twelve month period before
  employment may be considered an adequate baseline test. Skin testing or
  tuberculosis blood assay tests are not required if a new staff, intern, or
  volunteer provides documentation of the last skin testing completed within the
  prior twelve months. Skin testing or tuberculosis blood assay tests are not
  required if documentation is provided of a previous positive reaction to either
  test;
(2) A new staff member,
  intern, or volunteer, who provides documentation of a positive reaction to the
  tuberculin skin test or tuberculosis blood assay test, shall have a medical
  evaluation and chest X-ray to determine the presence or absence of the active
  disease;
(3) Each staff member,
  intern, and volunteer, with a positive reaction to the tuberculin skin test or
  tuberculosis blood assay test, must be evaluated annually by a licensed
  physician, physician assistant, nurse practitioner, clinical nurse specialist,
  or a nurse, and a record maintained of the presence or absence of symptoms of
Myobacterium
tuberculosis. If this evaluation results in
  suspicion of active tuberculosis, the licensed physician, physician assistant,
  nurse practitioner, clinical nurse specialist, or a nurse, shall refer the
  staff member, intern, or volunteer for further medical evaluation to confirm
  the presence or absence of tuberculosis; and
(4) Any employee confirmed or suspected to
  have infectious tuberculosis must be restricted from employment until a
  physician, physician assistant, nurse practitioner, or clinical nurse
  specialist, determines that the employee is no longer infectious.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(6),
		34-22-11.
Guidelines for Preventing the Transmission of
Mycobacterium tuberculosis
in Health-Care Settings,
		2005.
"Centers for Disease Control and Prevention Morbidity and
		Mortality Weekly Report," December 30, 2005/Vol. 54/No.RR-17. Copies are
		available free of charge from the following website:
https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5417a1.htm
.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:02 - Agency director

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall have an agency director whose qualifications,
	 authority, and duties are described in writing. The agency director must be
	 knowledgeable about substance use disorder treatment and services, and possess
	 administrative skills. If the agency has a board of directors, the board shall
	 appoint the agency director. The agency director shall represent the board of
	 directors and be charged with the day-to-day management of the agency. The
	 board of directors shall ensure that, at the time of employment, the agency
	 director has knowledge of the administrative rules pertaining to substance use
	 disorder treatment and services.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:03 - Qualifications of addiction counselors

Current through Register Vol. 51, page 10, July 15, 2024
All agency staff providing addiction counseling shall meet the
	 standards for addiction counselors or addiction counselor trainees as
	 established by the Board of Addiction and Prevention Professionals. A
	 certificate and identification card issued by the board is evidence of meeting
	 the standards for an addiction counselor or certificate of recognition for an
	 addiction counselor trainee. Counselor certification or trainee recognition
	 must be obtained before performing any addiction counseling
	 functions.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5),
		36-34-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:04 - Qualifications of staff providing prevention services

Current through Register Vol. 51, page 10, July 15, 2024
Agency staff providing prevention programming shall complete the
	 Substance Abuse Prevention Skills Training or Foundations of Prevention within
	 one year of being hired. Evidence of completion must be placed in the staff
	 member's personnel file.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5),
		36-34-12.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:05 - Orientation of personnel

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall provide orientation for all staff, including
	 contracted staff providing direct clinical services, interns, and volunteers,
	 within ten working days after employment. The orientation must be documented
	 and must include at least the following items:
(1) Fire prevention and safety, including the
  location of all fire extinguishers in the facility, instruction in the
  operation and use of each type of fire extinguisher, and an explanation of the
  fire evacuation plan and agency's smoking policy;
(2) The confidentiality of all information
  about clients, including a review of the confidentiality of alcohol and drug
  abuse patient records, as set forth in 42 C.F.R. Part 2, in effect on January
  18, 2017, and 45 C.F.R. Parts 160 and 164, in effect on September 26,
  2016;
(3) The proper maintenance
  and handling of client case records;
(4) The agency's philosophical approach to
  treatment and the agency's goals;
(5) The procedures to follow in the event of
  a medical emergency or a natural disaster;
(6) The specific job descriptions and
  responsibilities of employees;
(7)
  The agency's policies and procedure manual, maintained in accordance with
  §
									67:61:04:01; and
(8) The agency's procedures regarding the
  reporting of cases of suspected child abuse or neglect, in accordance with SDCL
  26-8A-3 and
  26-8A-8.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5).
Persons required to report child abuse or neglected child --
		Intentional failure as misdemeanor, SDCL
		26-8A-3.
Oral report of abuse or neglect -- To whom made -- Response report,
		SDCL 26-8A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:06 - Employee supervision

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall establish and enforce policies and procedures for
	 supervising agency employees, interns, and volunteers.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:07 - Clinical supervision

Current through Register Vol. 51, page 10, July 15, 2024
The board of directors or the agency director shall designate an
	 addiction counselor to be responsible for supervising clinical services, and
	 for providing required supervision of trainees. Supervising clinical services
	 includes:
(1) Case staffing;
(2) Individual case supervision;
(3) Consultation with other clinical
  professionals;
(4) Review of case
  record maintenance; and
(5) Other
  clinically appropriate supervision methods determined by agency policy. If an
  addiction counselor is not available within the trainee's employing agency,
  supervision may be obtained on a contractual or consultant basis, from an
  outside party meeting the required qualifications.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:08 - Personnel policies and records

Current through Register Vol. 51, page 10, July 15, 2024
The agency shall maintain written personnel policies and records for
	 all staff, including provisions for equal employment opportunities. Each agency
	 shall maintain a personnel file, or record, or both, for each staff member,
	 including any contracted staff, intern, or volunteer. The file or record must
	 include:
(1) The application filed for
  employment, or any resume, transcripts, diploma and evidence of continuing
  education;
(2) The position
  description, signed by the staff, with a statement of duties and
  responsibilities, and the minimum qualifications and competencies necessary to
  fulfill these duties;
(3) Evidence
  of having completed appropriate pre-hire screening, in the case of staff who
  provide direct services to vulnerable populations;
(4) The staff's orientation documentation, in
  accordance with §
									67:61:05:05;
(5) Copies of the staff's current credentials
  related to job duties; and
(6) Any
  staff health clearances, including tuberculin test results, if required, and
  any clearances from a licensed physician after an infectious or contagious
  disease requires the staff's absence from the program.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:09 - Organizational chart

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall have an up-to-date organizational chart indicating
	 lines of authority from the board of directors, if the agency has a board, or
	 from the agency director, and lines of authority for all job classifications.
	 The organizational chart must be made available to all staff members, the board
	 of directors, if applicable, and the department.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:10 - Workforce development and training

Current through Register Vol. 51, page 10, July 15, 2024
An agency must provide for ongoing training and consultation to enable
	 staff and supervisors to carry out their responsibilities
	 effectively.
General Authority:
SDCL
		27A-5-1(1)(2)(3).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1)(2)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:11 - Volunteers

Current through Register Vol. 51, page 10, July 15, 2024
If an agency uses volunteers as support for programs, the agency must
	 establish and maintain a plan for recruiting, screening, training, and
	 supervising the volunteer.
General Authority:
SDCL
		27A-5-1(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:05 - Personnel › Section 67:61:05:12 - Office of Inspector General Medicaid exclusion list

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall routinely check the List of Excluded Individuals and
	 Entities, maintained by the U.S. Department of Health and Human Services Office
	 of Inspector General, to ensure that each new hire, as well as any current
	 employee, is not on the list. No payment may be provided for services furnished
	 by an excluded individual. Documentation that this has been completed must be
	 placed in the employee's personnel file.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:01 - Clients' rights

Current through Register Vol. 51, page 10, July 15, 2024
An agency shall ensure that clients' rights are fully protected. The
	 agency shall give each client a copy of the clients' rights and
	 responsibilities, in writing, or in an accessible format, upon admission, and
	 shall discuss the rights and responsibilities with the client or the client's
	 advocate.
The clients' rights and responsibilities must be posted in a place
	 accessible to clients. Copies must be available in locations where clients can
	 access them, without making a request to agency staff. The agency shall make
	 the clients' rights and responsibilities statement available to the department.
	 The agency shall provide services to each client in a manner that is responsive
	 to the client's need in the areas of age, gender, social support, cultural
	 orientation, psychological characteristics, sexual orientation, physical
	 situation, and spiritual beliefs.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(1)(3)(4)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:02 - Guaranteed rights

Current through Register Vol. 51, page 10, July 15, 2024
A client has rights guaranteed under the constitution and laws of the
	 United States and the state of South Dakota including:
(1) The right to refuse prohibited treatment,
  as provided in SDCL 27A-12-3.22;
(2) The right to be free of any exploitation
  or abuse;
(3) The right to seek and
  have access to legal counsel;
(4)
  The right to have access to an advocate or an employee of the state's
  designated protection and advocacy system;
(5) Information regarding the right to
  confidentiality, of all records, correspondence, and information relating to
  assessment, diagnosis, and treatment, in accordance with,
  42 U.S.C. §§
										290 dd-2, in effect on March 27, 2020, 42
  C.F.R. Part 2, in effect on January 18, 2017, and, 45 C.F.R. Part 160 and 164,
  in effect on September 26, 2016; and
(6) The right to participate in decision
  making related to treatment, to the greatest extent possible.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3)(6).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:03 - Policy on abuse, neglect, and exploitation

Current through Register Vol. 51, page 10, July 15, 2024
Each agency must have a policy that prohibits abuse, neglect, and
	 exploitation of a client. The policy must contain:
(1) Definitions of abuse, neglect, and
  exploitation, pursuant to SDCL
  22-46-1;
(2) A requirement to report to the department
  any incidents of abuse, neglect, or exploitation;
(3) A requirement to report to the
  department, pursuant to SDCL
  26-8A-3 and
  26-8A-8;
(4) A procedure for disciplinary action to be
  taken, if staff engages in abusive, neglectful, or exploitative
  behavior;
(5) A requirement to make
  immediate efforts to inform the guardian, or the parent if the client is under
  eighteen years of age, of an alleged incident or allegation of abuse, neglect,
  or exploitation; and
(6) A
  requirement to document the actions to be implemented, upon substantiation of
  an incident or allegation, to reduce the likelihood of, or to prevent repeated
  incidents of abuse, neglect, or exploitation.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(1)(2)(4)(5).
Persons required to report child abuse or neglected child --
		Intentional failure as misdemeanor, SDCL
		26-8A-3.
Oral report of abuse or neglect -- To whom made -- Response report,
		SDCL 26-8A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:61 - Substance Use Disorders › Chapter 67:61:06 - Clients' Rights › Section 67:61:06:04 - Grievance procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each agency shall have policies and procedures for receiving,
	 considering, and responding to client grievances.
The agency shall provide the client and the client's parent or
	 guardian, a copy of the policies and procedures, in writing or in an accessible
	 format, during intake services. The grievance procedure must be posted in a
	 place accessible to a client and a copy must be available in locations where a
	 client can access the grievance procedure, without making a request to agency
	 staff. The policies and procedures must be available to a former client, upon
	 request.
The policies and procedures must include the ability to appeal the
	 agency's decision regarding ineligibility or the termination of services to the
	 department, as provided in §
									67:61:06:05, and must include the
	 telephone number and address of the department.
General Authority:
SDCL
		1-36-25,
		34-20A-27.
Law Implemented:
SDCL
		1-36-25,
		34-20A-27(3).