reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:04 - Management and administration › Section 44:69:04:02 - Administrator

Current through Register Vol. 51, page 10, July 15, 2024
The governing body shall designate a qualified administrator
				  to represent the owner or governing body and to be responsible for the daily
				  overall management of the birth center. The governing body shall notify the
				  department in writing of any change of administrator.
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 44:69:04 - Management and administration › Section 44:69:04:03 - Personnel

Current through Register Vol. 51, page 10, July 15, 2024
The birth center shall have a sufficient number of qualified
				  personnel to provide effective and safe care. Staff members on duty shall be
				  awake at all times. Any supervisor shall be 18 years of age or older. Written
				  job descriptions and personnel policies and procedures shall be made available
				  to personnel of all departments and services. The birth center shall not
				  knowingly employ any person with a conviction for abusing another person. The
				  birth center shall establish and follow policies regarding special duty or
				  staff members on contract.
Any staff and any consultant or volunteer providing services
				  under the auspices of the birth center who is required by state law to be
				  licensed, registered, or certified shall have a valid license, registration, or
				  certificate. A copy of the license, registration, or certificate shall be on
				  file with the birth center. At least one staff member on duty during active
				  labor shall be certified in adult and neonatal CPR.
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 44:69:04 - Management and administration › Section 44:69:04:04 - Personnel training

Current through Register Vol. 51, page 10, July 15, 2024
A birth center with three or more beds shall have a formal
				  orientation program and an ongoing education program for all personnel. Ongoing
				  education programs shall cover the required subjects annually. These programs
				  shall include the following subjects:
(1) Fire prevention and response;
(2) Emergency procedures and
				preparedness;
(3) Infection control
				and prevention;
(4) Accident
				prevention and safety procedures;
(5) Client rights;
(6) Confidentiality of client
				information;
(7) Incidents and
				diseases subject to mandatory reporting and the birth center's reporting
				mechanisms;
(8) Care of clients
				with unique needs; and
(9) Clinic
				policies and procedures.
General Authority:
SDCL
					 34-12-62(2) and
					 (9).
Law Implemented:
SDCL
					 34-12-62(2) and
					 (9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:04 - Management and administration › Section 44:69:04:05 - Personnel policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
A birth center with three or more beds shall have written
				  policies and procedures that include the following:
(1) Operational practices that define the
				services of the birth center;
(2)
				Written job descriptions for each position in the birth center including the
				title, authority, specific responsibilities, and minimum qualifications. Each
				employee shall be provided a copy of his or her job description;
(3) All staff shall be informed of, and have
				access to, the written policies; and
(4) Personnel records shall be maintained for
				each person employed in the birth center that include:
(a) An employment application;
(b) Verification of references, licenses,
				certifications, or credentials;
(c)
				Incident and accident reports; and
(d) Results of medical examinations required
				as part of employment.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:04 - Management and administration › Section 44:69:04:06 - Employee health program

Current through Register Vol. 51, page 10, July 15, 2024
The birth center shall have an employee health program for
				  the protection of the clients. All personnel shall be evaluated by an
				  appropriate licensed health professional for freedom from reportable
				  communicable disease which poses a threat to others before assignment to duties
				  or within 14 days after employment including an assessment of previous
				  vaccinations and tuberculin skin tests. The birth center may not allow anyone
				  with a communicable disease, during the period of communicability, to work in a
				  capacity that would allow spread of the disease. Personnel absent from duty
				  because of a reportable communicable disease that may endanger the health of
				  clients and fellow employees may not return to duty until they are determined
				  by a physician or the physician's designee to no long have the disease in a
				  communicable state.
General Authority:
SDCL
					 34-12-62(7).
Law Implemented:
SDCL
					 34-12-62(7).
Definition of terms, subdivisions 44:20:01:01(8) and
					 (43).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:04 - Management and administration › Section 44:69:04:07 - Admissions to birth center

Current through Register Vol. 51, page 10, July 15, 2024
The governing body or owner of the birth center shall
				  establish and maintain admission, transfer, and discharge policies, with
				  written evidence to assure the clients admitted to and retained in the birth
				  center are within the licensure classification of the birth center. The birth
				  center may admit and retain, on the orders of a physician or certified nurse
				  midwife, only those clients for whom it can provide care safely and
				  effectively. Before admission of a client, the physician or certified nurse
				  midwife shall complete and document an assessment of a potential client prior
				  to accepting the client for admission and shall only admit a client that has
				  been assessed to have a low-risk pregnancy in accordance with §
									44:69:05:05. A birth center client
				  shall be continually assessed to identify if her condition deviates from a
				  low-risk pregnancy at any time during the pregnancy, delivery, or postpartum
				  period. The birth center shall refer or transfer the client to a physician or
				  hospital when the client's pregnancy deviates from the status of low-risk
				  pregnancy.
The birth center practitioner shall document information
				  regarding current medical findings, admitting diagnoses, and written orders for
				  the immediate care of the client.
The client's history and physical examination shall be
				  completed upon admission or no more than 24 hours after admission; or within
				  thirty days prior to admission with documentation of an update of the client's
				  current medical status completed upon admission. The client's history and
				  physical examination shall be completed prior to delivery except in emergency
				  situations, a client's transfer, and the client's discharge. A history and
				  physical examination of the newborn infant shall be completed upon birth and
				  prior to discharge.
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 44:69:04 - Management and administration › Section 44:69:04:08 - Discharge planning

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall have policies and procedures for
				  discharge planning.
General Authority:
SDCL
					 34-12-62(10).
Law Implemented:
SDCL
					 34-12-62(10).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:04 - Management and administration › Section 44:69:04:09 - Quality assessment

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall provide for on-going evaluation of
				  the quality of services provided to clients.
General Authority:
SDCL
					 34-12-62(9).
Law Implemented:
SDCL
					 34-12-62(9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:05 - Facility and related care services › Section 44:69:05:01 - Practitioner services

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall have an organized practitioner
				  service. At least one physician, certified nurse midwife, or registered nurse
				  shall be on duty in the birth center at all times if a client is in active
				  labor. Each licensed practical nurse and other nursing personnel involved in
				  client care shall be under the direct supervision of a physician, certified
				  nurse midwife, or registered nurse.
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 44:69:05 - Facility and related care services › Section 44:69:05:02 - Emergency care

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center 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 birth center's clients if
				  needed.
General Authority:
SDCL
					 34-12-62(3) and
					 (12).
Law Implemented:
SDCL
					 34-12-62(3) and
					 (12).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:05 - Facility and related care services › Section 44:69:05:03 - Emergency equipment and procedures to provide emergency care

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall have in effect a transfer protocol
				  with one or more hospitals sufficiently close to provide prompt inpatient
				  hospital care to the center's clients if needed. The protocol shall provide for
				  an interchange of medical and other information necessary or useful in the care
				  and treatment of individuals transferred between the facilities.
Each birth center shall have:
(1) Readily accessible emergency carts or
				trays for the mother and newborn equipped to carry out the written emergency
				procedure of the center and securely placed with a written log of routine
				maintenance for readiness;
(2)
				Properly maintained equipment and supplies for routine and emergency care of
				women and newborn including:
(a) Oxygen with
				flow meters and masks or equivalent;
(b) Mechanical suction and bulb
				suction;
(c) Cardiopulmonary
				resuscitation cart, including:
(i)
				Resuscitation bags for mother and newborn;
(ii) Endotrachael tubes for mother and
				newborn;
(iii) Oral
				airways;
(iv) Needles;
(v) Syringes;
(vi) Emergency drugs;
(vii) Laryngoscope;
(viii) Equipment for delivering positive
				pressure oxygen; and
(ix) Cardiac
				monitor/defibrillator unit or automated external defibrillator;
(d) Emergency medications,
				intravenous fluids, and related supplies and equipment for both mother and
				newborn;
(e) Electronic fetal
				monitoring equipment;
(f) Infant
				scale;
(g) Sterile suturing
				equipment and supplies;
(h) Log
				book for registration of birth that contains the following information:
(i) Mother's name;
(ii) Client medical record number;
(iii) Date of delivery;
(iv) Time of delivery;
(v) Mother's age;
(vi) Gravida, Para;
(vii) Newborn weight;
(viii) Newborn sex;
(ix) Gestational age;
(x) Transport information:
1) Mother;
2) Baby;
3) Where;
4) When; and
5) By whom;
(xi) Death information:
1) Neonatal;
2) Maternal; or
3) Stillbirth;
(xii) Type of delivery;
(xiii) Condition of newborn at
				delivery/congenital anomalies;
(xiv) Delivering person; and
(xv) APGAR score;
(i) Sphygmomanometer, stethoscope, and
				fetoscope; and
(j) Any other
				equipment necessary to provide full scope of service and to ensure safety of
				mother and newborn.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:05 - Facility and related care services › Section 44:69:05:04 - Clinical policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center shall establish and maintain policies and
				  procedures, and practices to govern care, and related medical or other services
				  necessary to meet the client's needs. The nursing service of the birth center
				  shall provide safe and effective care through ongoing assessment and monitoring
				  for each client and newborn, including medical, physical, mental, and emotional
				  needs. The birth center shall establish and implement procedures for assessment
				  and management of symptoms including pain. The policies shall include the
				  following:
(1) Client eligibility
				criteria, including detailed definitions of screening criteria for, and
				procedures for identifying:
(a) Low-risk
				maternal clients who shall be eligible for birth services offered by the birth
				center;
(b) Persons who shall be
				ineligible for birth services at the birth center;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:05 - Facility and related care services › Section 44:69:05:05 - Client plans and programs

Current through Register Vol. 51, page 10, July 15, 2024
The practitioner service of a birth center shall provide safe
				  and effective care from the day of admission through the ongoing development
				  and implementation of written plans for each client and newborn. The client
				  plan shall address medical, physical, mental, and emotional needs of the client
				  and infant.
The client plan for birth center clients shall be based on
				  the nursing admission assessment and approved by the client's attending
				  physician or certified nurse midwife. The client plan shall describe the
				  services necessary to meet the client's medical, physical, mental or cognitive,
				  nursing, and psychosocial needs and shall contain objectives and timetables to
				  attain and maintain the highest level of functioning of the client. The client
				  plan shall be completed upon admission and the birth of the
				  infant.
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 44:69:05 - Facility and related care services › Section 44:69:05:06 - Medical records

Current through Register Vol. 51, page 10, July 15, 2024
The birth center shall maintain a separate medical record for
				  each client and newborn in accordance with acceptable professional standards
				  for the purpose of continuity and evaluation of care, and preservation as a
				  legal document.
General Authority:
SDCL
					 34-12-62(4).
Law Implemented:
SDCL
					 34-12-62(4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:06 - Practitioner staff requirements › Section 44:69:06:01 - Medical orders in birth centers

Current through Register Vol. 51, page 10, July 15, 2024
For each birth center with three or more beds, all medical
				  orders shall be in writing and signed by a physician or certified nurse
				  midwife. Telephone orders may be taken only when there is an urgent need to
				  initiate or change a medical order. The physician or certified nurse midwife
				  shall authenticate all verbal and telephone order with a date, time, and
				  signature on the next visit to the birth center. Each client's physician or
				  certified nurse midwife is responsible for documenting electronic or written
				  orders and progress notes on each client's medical record.
General Authority:
SDCL
					 34-12-62(4) and
					 (9).
Law Implemented:
SDCL
					 34-12-62(4) and
					 (9).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:07 - Medication control › Section 44:69:07:01 - Pharmaceutical services

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for pharmaceutical services in birth centers
				  include the following:
(1) There shall
				be written orders signed by a practitioner legally authorized to prescribe for
				all drugs administered to mother and infant within the birth center;
(2) There shall be policies and procedures
				addressing the receiving, transcribing, issuance, storage, control,
				accountability, administration, and disposal of medications or drugs in each
				birth center;
(3) Each birth center
				shall keep a list of the following in the drug storage area for reference:
(a) Generic and trade names for drugs
				substituted within the birth center;
(b) Drugs with unique requirements for
				administration used within the birth center, including enteric coatings,
				sublingual, buccal, and sustained release dosage forms; and
(c) Drugs controlled under SDCL chapter 34-20
				B that are used within the birth center;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:07 - Medication control › Section 44:69:07:02 - Written orders for medication required

Current through Register Vol. 51, page 10, July 15, 2024
All medications or drugs administered to clients shall be
				  ordered in writing and signed by the prescribing practitioner. Telephone orders
				  for medications or drugs may be taken only when there is an urgent need to
				  initiate or change an order and accepted only by a pharmacist, licensed nurse,
				  or certified nurse midwife in the birth center. The practitioner shall sign or
				  initial the orders for birth center clients on the next visit to the birth
				  center.
General Authority:
SDCL
					 34-12-62(8).
Law Implemented:
SDCL
					 34-12-62(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:07 - Medication control › Section 44:69:07:03 - Storage and labeling of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
All drugs or medications shall be stored in a well
				  illuminated, locked storage area that is well ventilated, maintained at a
				  temperature appropriate for drug storage, and inaccessible to individuals,
				  clients, or visitors at all times.
General Authority:
SDCL
					 34-12-62(8).
Law Implemented:
SDCL
					 34-12-62(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:07 - Medication control › Section 44:69:07:04 - Control and accountability of medications and drugs

Current through Register Vol. 51, page 10, July 15, 2024
Medications brought from home may be used if ordered by the
				  attending practitioner and, if prior to administration, is identified as the
				  prescribed drug.
General Authority:
SDCL
					 34-12-62(8).
Law Implemented:
SDCL
					 34-12-62(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:07 - Medication control › Section 44:69:07:05 - Documentation of drug disposal

Current through Register Vol. 51, page 10, July 15, 2024
If a birth center has a licensed pharmacy, outdated or
				  discontinued medications shall be returned to the pharmacy for disposition. In
				  the absence of a licensed pharmacy, the method of disposition of outdated or
				  discontinued medications shall be handled and recorded in the client's medical
				  record as follows:
(1) Legend drugs
				not controlled under SDCL chapter 34-20 B shall be destroyed by a nurse and
				another witness;
(2) Destruction or
				disposal of medications controlled under SDCL chapter 34-20 B shall be
				witnessed by two persons, both of whom are either a nurse, certified nurse
				midwife, or pharmacist, as designed by facility policy; and
(3) Medications, excluding controlled
				substances listed in SDCL chapter 34-20 B, in unit dose packaging that meets
				packaging standards in §
									20:51:13:02.01 may be returned to
				the pharmacy pursuant to §
									20:51:13:02.01.
General Authority:
SDCL
					 34-12-62(8).
Law Implemented:
SDCL
					 34-12-62(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:01 - Application of chapter

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies to all birth centers and to renovations,
				  additions, and changes in space use of currently approved existing birth
				  centers. Accessible and usable accommodations shall be available to the public,
				  staff, and clients with disabilities. Minimum requirements, except as noted in
				  this chapter, are those in the "2010 ADA Standards of Accessible Design",
				  Department of Justice, September 15, 2010.
Each birth center shall comply with NFPA 101 Life Safety
				  Code, 2009 edition. Each birth center shall also comply with the building
				  construction standards of the International Building Code, 2009 edition. Each
				  birth center with two or fewer beds shall meet the provisions of Lodging and
				  Rooming Houses in the Life Safety Code. Each birth center with three or more
				  beds shall meet New Health Care Occupancies in the Life Safety Code.
An automatic sprinkler system is not required for a birth
				  center with two or fewer beds. For each birth center with two or fewer beds, a
				  2-A:10-B:C fire extinguisher shall be provided on each level.
General Authority:
SDCL
					 34-1-17(4),
					 34-12-62(1), (5), (6), and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1), (5), (6), and
					 (13).
"2010 ADA Standards for Accessible Design, Department of
					 Justice", September 15, 2010. Copies may be obtained from the Rocky Mountain
					 Disability and Business Technical Assistance Center, Colorado Springs, CO
					 80907. Phone: 1-800-949 -4232. Cost: $15.
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.
International Building Code
, 2009 edition.
					 Copies may be obtained from International Conference of Building Officials,
					 Phone 1-800-786 -4452. Order@iccsafe.org. Cost:
					 $85.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:02 - 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 shall
				  accompany the plans and specifications.
General Authority:
SDCL
					 34-12-62(1), (5), (6), and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1), (5), (6), and
					 (13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:03 - Birth rooms for birth centers with two or fewer beds

Current through Register Vol. 51, page 10, July 15, 2024
Each birth room in a birth center with two or fewer beds
				  shall meet the following requirements:
(1) Each birth room shall be a minimum of 120
				square feet (10.05 square meters) including the newborn area;
(2) At least one birth room shall be
				wheelchair accessible;
(3) Each
				birth room shall have an egress window to the outside;
(4) A work station and handwashing sink shall
				be in close proximity to each birth room. Handwashing facilities shall 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;
(5) Each birth room shall be equipped with
				battery operated emergency lighting and protective lamp covers; and
(6) Each birth room shall have available
				oxygen and suction. Use of portable equipment is permitted.
General Authority:
SDCL
					 34-12-62(1) and
					 (5).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:04 - Birth rooms for birth centers with three or more beds

Current through Register Vol. 51, page 10, July 15, 2024
Each birth room in a birth center with three or more beds
				  shall meet the following requirements:
(1) Each birth room shall be a minimum of 200
				square feet (18.40 square meters) including the newborn area;
(2) Each birth room shall be equipped with a
				handwashing station with hands-free operators;
(3) Each birth room shall have direct access
				to a private bathroom equipped with a handwashing sink, toilet, and shower or
				tub;
(4) Each birth room shall be
				equipped with a vinyl floor surface;
(5) Each birth room shall have adequate
				lighting with protective covers to prevent lamp from shattering;
(6) Each birth room shall be equipped with
				battery operated emergency lighting;
(7) Each birth room shall be located to
				ensure privacy during occupancy for labor, birth, and postpartum care until
				discharge from the center;
(8) Each
				birth room shall be located out of the path of traffic and under direct
				supervision of birth center staff;
(9) Each birth room shall have available
				oxygen and suction. Use of portable equipment is permitted;
(10) Each birth room shall be provided with
				subdued indirect lighting and special lighting capable of providing at least
				700 foot-candles in the delivery and newborn care area; and
(11) If an elevator is provided, the elevator
				shall be equipped with a cab with a minimum dimensions of five feet eight
				inches wide by seven feet six inches deep (1.73 meters wide by 2.29 meters
				deep).
General Authority:
SDCL
					 34-12-62(1) and
					 (5).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:05 - Services area in care area for birth centers with three or more beds

Current through Register Vol. 51, page 10, July 15, 2024
Each birth center with three or more beds shall contain a
				  service area that includes the following:
(1) Office space shall be located in the
				birth center unless the provider's professional office is attached;
(2) A reception and administration area shall
				be located to control and monitor access to the birth center;
(3) A staff work area with counter and
				storage;
(4) A medication
				preparation room with work counter, counter sink, lockable refrigerator, and
				locked storage for medications;
(5)
				A nourishment area with a work counter, counter sink, refrigerator, storage
				cabinets, and equipment for hot and cold nourishment;
(6) Each center shall have equipment to
				provide ice for treatment and nourishment;
(7) A clean workroom shall be separate from
				and have no direct connection with soiled workrooms or soiled holding rooms and
				shall be equipped with a work counter, hand-washing station, and storage for
				clean and sterile supplies and equipment;
(8) A soiled workroom shall contain a
				clinical sink, hand-washing station, and work counter and space to separate
				covered containers for soiled linen and a variety of waste types;
(9) An environmental services room shall be
				provided for the exclusive uses of the birth center;
(10) A staff lounge;
(11) Securable lockers, closets, and cabinets
				compartments for the personal articles for staff shall be provided near the
				staff work areas;
(12) At least 20
				square feet (1.86 square meters) of general storage shall be provided for each
				birth room; and
(13) Corridors
				shall have a width of at least five feet (1.52 meters).
General Authority:
SDCL
					 34-12-62(1) and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:06 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The birth center's water supply shall be obtained from a
				  public water system or, in its absence, from a supply approved by the
				  Department of Environment and Natural Resources. Any private water supply shall
				  have a water sample bacteriologically tested at least monthly. The volume of
				  water shall be sufficient for the needs of the birth center, including
				  firefighting requirements. The hot water system shall be capable of supplying
				  the work and client areas with water at the required temperatures. Maximum hot
				  water temperatures at plumbing fixtures used by clients may not exceed 125
				  degrees Fahrenheit (52 degrees centigrade). The minimum temperature of hot
				  water for client use shall be at least 100 degrees Fahrenheit (38 degrees
				  centigrade).
General Authority:
SDCL
					 34-12-62(1) and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:07 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
A birth center's plumbing system shall be designed and
				  installed in accordance with SDCL
				  36-25-15 and
				  36-25-15.1. Plumbing shall be
				  sized, installed, and maintained to carry required quantities of water to
				  required locations throughout the birth center. Plumbing may not constitute a
				  source of contamination of food equipment or utensils or create an unsanitary
				  condition or nuisance.
General Authority:
SDCL
					 34-12-62(1), (6), and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1), (6), and
					 (13)
Standards adopted for plumbing -- Conformity to National
					 Code, SDCL
					 36-25-15.
Scope and objectives of plumbing standards and rules, SDCL
					 36-25-15.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:08 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered exhaust ventilation shall be provided in
				  all soiled areas, wet areas, and toilet rooms. Clean storage rooms may also be
				  ventilated by supplying and returning air from the building's air-handling
				  system.
General Authority:
SDCL
					 34-12-62(1) and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:69 - Birth centers › Chapter 44:69:08 - Construction standards › Section 44:69:08:09 - Heating and cooling

Current through Register Vol. 51, page 10, July 15, 2024
The temperature in any occupied space in the birth center
				  shall be maintained between 68 and 80 degrees Fahrenheit during waking hours
				  and not lower than 64 degrees Fahrenheit during sleeping hours. A client's room
				  may be maintained outside the required range if desired by the
				  client.
General Authority:
SDCL
					 34-12-62(1) and
					 (13).
Law Implemented:
SDCL
					 34-12-62(1) and
					 (13).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:01 - 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. Terms used in this article mean:
(1) "Abuse," an intentional act toward an
				individual indicating 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 one or more of the following has occurred resulting in
				harm, pain, fear, or mental anguish:
(i)
				Misappropriation of a resident's property or funds;
(ii) An attempt to commit a crime against a
				resident;
(iii) Physical harm or
				injury against a resident; or
(iv)
				Using profanity, making a gesture, or engaging in any act made to or directed
				at a resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:02 - Licensure of assisted living centers

Current through Register Vol. 51, page 10, July 15, 2024
The license shall include each facility address at which
				  services licensed pursuant to this chapter are provided. The most current
				  license issued by the department shall be posted on the premises of the
				  facility in a place conspicuous to the public. Each facility address shall show
				  a current license. The license certificate remains the property of the
				  department.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:03 - Name of facility

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be designated by a pertinent and
				  distinctive name that shall be used in applying for a license. The name may not
				  be changed without first notifying the department in writing. No facility may
				  be given a name or advertise in a way that implies services rendered are in
				  excess of the classification for which it is licensed or would indicate an
				  ownership other than actual.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:04 - Bed capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the bed capacity of each
				  facility pursuant to the physical plant and space provisions of this article.
				  The resident census may not exceed the bed capacity for which the facility is
				  licensed. A request by the facility for an adjustment in bed capacity because
				  of change of purpose or construction shall be approved by the department before
				  any changes are made.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:05 - Acceptance and retention of residents

Current through Register Vol. 51, page 10, July 15, 2024
A facility may only accept and retain residents based on the
				  facility's capabilities to meet the needs of the residents. The facility may
				  accept or retain residents in accordance with the services provided by the
				  facility, determined by the governing body, and with written policies and
				  procedures for the following:
(1) A
				resident accepted for care by a facility must be housed within the
				facility;
(2) A facility may not
				accept or retain residents who require care in excess of the facility's
				licensure classification;
(3)
				Healthcare personnel and other personnel essential to maintaining adequate
				staff may not leave a facility during the personnel's tour of duty in the
				facility to provide services to persons who are not residents of the facility,
				with the exception of providing emergency care on premises contiguous to the
				facility's property;
(4) Each
				facility that accepts or retains a resident with developmental disabilities or
				mental illness shall provide facilities and programs consistent with the needs
				of the resident;
(5) If any person
				other than a resident is accepted for care or to participate in any program,
				service, or activity, that person must be included in the evaluation of central
				use, activity, and dining spaces; staffing of nursing, dietary, and activity
				programs; and the provision of an infection control program. No service
				provided to the person may infringe upon the needs of the residents;
				and
(6) A facility may admit and
				retain any resident who is able to:
(a)
				Complete activities of daily living of mobility or ambulation; dressing;
				toileting, including the provision of incontinence, catheter, or ostomy care;
				personal hygiene; and bathing independently or with assistance of personnel.
				Assistance may be provided according to the provisions of §
										44:70:05:06;
(b) Feed oneself with set up or supervision.
				Assistance may be provided according to the provisions of §
										44:70:06:18;
(c) Complete the resident's medication
				administration, including injections, or have medications administered by
				qualified personnel;
(d) Remain
				free from the need for restraints, except for admission to a memory care
				unit;
(e) Receive skilled services
				that may be provided by the facility nurse, a licensed or otherwise
				appropriately credentialed therapist, Medicare-certified home health agency
				personnel, or a Medicare-certified hospice provider; and;
(f) Maintain conditions that are stable and
				controlled that do not require frequent nursing care or frequent visits or
				notifications to a physician, physician assistant, or nurse
				practitioner.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:06 - 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 residents.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:07 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall utilize the department's online reporting
				  system to submit to the department the pertinent data necessary to comply with
				  the requirements of all applicable statutes and administrative rules.
Any incident or event involving an attempted suicide or
				  where there is reasonable cause to suspect abuse or neglect of any resident by
				  any person shall be reported within twenty-four hours of becoming informed of
				  the alleged incident or event. The facility shall report each incident or event
				  orally or in writing to the Department of Human Services, to a law enforcement
				  officer, or to the state's attorney of the county in which the facility is
				  located. The facility shall report each incident or event to the department
				  within twenty-four hours, conduct a subsequent internal investigation, and
				  provide a written report of the results to the department within five working
				  days after the event.
Each facility shall report to the department within
				  twenty-four hours of the event any death resulting from other than natural
				  causes that originated on facility property such as an accident or suicide. The
				  facility shall conduct a subsequent internal investigation and provide a
				  written report of the results to the department within five working days after
				  the event.
Each facility shall report a missing resident to the
				  department within twenty-four hours of the event. The facility shall conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each facility shall also report to the department as soon as
				  possible any fire with damage or if injury or death occurs; any partial or
				  complete evacuation of the facility resulting from natural disaster; or any
				  loss of utilities, such as electricity, natural gas, telephone, emergency
				  generator, fire alarm, sprinklers, and other critical equipment necessary for
				  operation of the facility for more than twenty-four hours.
Each facility shall notify the department of any anticipated
				  closure or discontinuation of service at least thirty days in advance of the
				  effective date.
Each facility shall report to the department within
				  twenty-four hours any unsafe water samples for pools, spas, or drinking
				  water.
The department may follow-up and request additional
				  information on any reported incident or event.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:07.01

Current through Register Vol. 51, page 10, July 15, 2024
The adopted version of this section by
				  50
				  SDR 019, effective
				  8/30/2023 is not
				  yet available.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:08 - Plans of correction

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days of the receipt of the statement of
				  deficiencies, each licensed facility shall submit to the department a written
				  plan of correction for the citation of noncompliance with licensure
				  requirements. The plan of correction shall be signed, dated, and on the
				  original forms provided by the department. The department may reject the plan
				  of correction if there is no evidence the plan will cause the facility to
				  attain or maintain compliance with SDCL chapter 34-12 and this
				  article.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:09 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
Modifications to standards provided in this article may be
				  approved by the department for an assisted living center with a licensed bed
				  capacity of 16 or less if the health and safety of the residents are not
				  jeopardized.
Modifications to the staffing requirements provided in §
									44:70:03:02 may be approved by the
				  department for licensed facilities which are physically combined and jointly
				  operated if:
(1) A hospital or a
				critical access hospital and assisted living center are co-located;
(2) A nursing facility and assisted living
				center are co-located; or
(3)
				Multiple assisted living centers are co-located.
The health and safety of the residents in either facility may
				  not be jeopardized.
A modification specified by this section may be requested in
				  writing by the facility.
General Authority:
SDCL
					 34-12-13(5) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:01 - Rules of general applicability › Section 44:70:01:10 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:70 limits or expands the rights of any
				  healthcare personnel to provide services within the scope of the professional's
				  license, certification, or registration, as provided by South Dakota
				  law.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:01 - Sanitation

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall be designed, constructed, maintained, and
				  operated to minimize the sources and transmission of infectious diseases to
				  residents, personnel, visitors, and the community at large. This requirement
				  shall be accomplished by providing the physical resources, personnel, and
				  technical expertise necessary to ensure good public health practices for
				  institutional sanitation.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
No pet kept in or visiting a facility may not negatively
				  affect the wellbeing of any resident.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
Physically disabled, blind, or deaf person's right to be
					 accompanied by guide dog without extra charge, SDCL
					 20-13-23.2.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:03 - Cleaning methods and facilities

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall have supplies, equipment, work areas, and
				  complete written procedures for cleaning, sanitizing, or disinfecting all work
				  areas, equipment, utensils, and medical devices used for residents' care.
				  Common use equipment shall be disinfected after each use.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:70 - Assisted living centers › Chapter 44:70:02 - Physical environment › Section 44:70:02:04 - Chemicals used to sanitize, disinfect, or sterilize

Current through Register Vol. 51, page 10, July 15, 2024
The label of chemicals used to sanitize, disinfect, or
				  sterilize shall indicate registration with the Environmental Protection Agency
				  as effective, safe, and approved for the chemical's intended
				  use.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).