reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:08 - Service area in care units

Current through Register Vol. 51, page 10, July 15, 2024
Each care unit shall contain following:
(1) Staff station work area with handwashing
				fixture, charting space, communication and security equipment, supply storage,
				and locked medication storage, including refrigerated storage and dispensing
				area;
(2) Staff toilet room
				convenient to work area. The toilet room shall be accessible and shall contain
				a handwashing fixture with mirror, soap and towel dispenser, and toilet with at
				least a side grab bar and toilet paper dispenser;
(3) Clean linen storage or linen cart storage
				room;
(4) Housekeeping room for
				supply and equipment storage. A floor receptor or service sink shall be
				provided and the adjacent wall surfaces shall be impervious to protect from
				water damage. The space could be arranged as part of a soiled utility
				room;
(5) Bathing room for each
				thirty patients with whirlpool bath fixture equipped with a patient lift for
				patient and staff safety;
(6) Clean
				workroom for the storage and assembly of supplies for nursing procedures which
				contains a work counter and sink;
(7) Soiled workroom with a work counter and
				handwashing facility, a waste receptacle, soiled linen receptacles, a clinical
				sink with an exposed water trap seal, siphon jet or blowout action, and a
				bedpan flushing device;
(8)
				Nourishment station containing food storage space, refrigerated storage,
				microwave, self-dispensing ice machine, and a sink;
(9) Equipment storage room for patient care
				equipment; and
(10) Multipurpose
				rooms for staff, patients, and patients' families for conferences, reports,
				education, training sessions, and consultation.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:09 - Food preparation services and equipment

Current through Register Vol. 51, page 10, July 15, 2024
The dietary area shall be completely cleanable by
				  conventional methods. The location and design of the dietary area shall enable
				  convenient handling of incoming supplies, preparation of meals, including tray
				  service, and disposal of rubbish and garbage. Equipment and space provided
				  shall include the following:
(1) A
				dishwasher with a sanitizing cycle. In dietary areas serving 17 beds or more, a
				dishwashing area including a commercial dishwasher supplied with 180 degree
				Fahrenheit (82 degrees centigrade) rinse water or a chemical sanitizing cycle,
				work space, a garbage disposal, a garbage can, a clean dish table, and
				handwashing facilities;
(2) A dry
				food storage area with adequate shelving and a functional aisle;
(3) Refrigerated and freezer storage space
				with sufficient refrigerated storage space located within the food production
				area for convenient food preparation;
(4) Aisles not less than three feet (0.91
				meters) width;
(5) Pot and pan
				washing facilities, including a three-compartment sink with 18 inch drainboards
				on both sides and drying and storage facilities for pots and pans;
(6) A vegetable preparation area with a
				two-compartment sink with a garbage disposal;
(7) Dietary manager work space with desk and
				chair;
(8) Janitor's closet with
				storage for housekeeping supplies and floor receptor or service sink with
				moisture resistant protection for the adjacent wall surfaces;
(9) Food production equipment designed to
				prepare a complete meal for the total bed complement and for personnel, guests,
				or other catering services;
(10)
				Food holding and transportation equipment capable of protecting food from
				contamination and of maintaining cold or hot food temperatures during the total
				serving period;
(11) Ventilation
				equipment sized and designed to effectively remove steam, heat, cooking vapors,
				and grease from food production areas, dishwashing areas, and serving
				areas;
(12) Handwashing facilities
				that are convenient to each work area, consisting of hot and cold running
				water, towel dispenser with single-service towels or hand drying device and
				wall mounted hand cleanser; and
(13) An ice maker with bin or self-dispensing
				ice maker. A built-in dispensing ice maker in a refrigerator may be used in any
				facility or patient neighborhood with a capacity of less than 17 beds. Any ice
				maker accessible to patients or visitors shall be self-dispensing.
The facility may request in writing modifications to §
				  44:79:10:09. There shall be appliances that allow for the storing,
				  refrigeration, preparation, cooking, and disposal of food products based on the
				  facilities food service plan.
General Authority:
SDCL
					 34-12-13(1), (2), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (2), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:10 - Laundry

Current through Register Vol. 51, page 10, July 15, 2024
Equipment for processing an individual patients personal
				  clothing shall be provided. All common use linens and combined patients
				  personal clothing must be processed for disinfecting. The laundry shall contain
				  an area for soiled linen holding with adequate storage capacity to be used for
				  storage, sorting, and weighing of soiled linen, cart storage, janitor's closet
				  with storage for housekeeping supplies and equipment and a floor receptor or
				  service sink convenient to the laundry, storage for laundry supplies, and a
				  lavatory conveniently accessible to soiled, clean, and processing rooms;
The space and equipment layout shall be sized and designed to
				  produce quality linen with a work flow that minimizes potential for
				  cross-contamination of clean linen by soiled linen, contaminated equipment,
				  contaminated air, or splash. The facility may request in writing modifications
				  to § 44:79:10.10.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:11 - Engineering service and equipment areas

Current through Register Vol. 51, page 10, July 15, 2024
The requirements for engineering service and equipment areas
				  for each facility shall include an area for maintenance supplies and a yard
				  equipment storage room or exterior building.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:12 - Corridor restrictions

Current through Register Vol. 51, page 10, July 15, 2024
Drinking fountains, fire extinguisher cabinets, and vending
				  machines shall be located so they do not project into the required width of
				  exit corridors. Handrails shall be installed with top 34 to 38 inches above the
				  floor on both sides of the corridor and return to the wall at the ends.
				  Handrails shall be installed with one and one half inch spacing between the
				  wall and the handrail.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:13 - Doors

Current through Register Vol. 51, page 10, July 15, 2024
Any door to a patient room toilet or bathroom shall be
				  equipped with hardware which will permit access in any emergency. A pocket or
				  sliding door may not be installed except on a clothes closet or restroom in a
				  patient room. Any hardware on a restroom pocket or sliding door shall provide
				  for ease of operation for a patient with limited mobility. Any door opening
				  onto a corridor, except an elevator door, shall be hinged on the side. An
				  alcove or similar space which generally does not require doors are excluded
				  from this requirement. No door may swing into the corridor except a closet
				  door. Any cross-corridor door shall be provided with vision
				  panels.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:14 - Floor surface finish

Current through Register Vol. 51, page 10, July 15, 2024
Floors shall be easily cleanable and shall have the wear
				  resistance appropriate for the location involved. Floors in kitchens and
				  related spaces shall be water-resistant. All areas where floors are subject to
				  wetting shall have a nonslip finish. A walking surface that is not flush with
				  an adjacent surface shall be provided with a transition. A change in level up
				  to one eighth inch may be vertical and without edge treatment. Changes in level
				  between 1one eighth inch and one half inch are to be beveled with a slope no
				  greater than 1:2. A change in level may not exceed one half inch. Gaps in the
				  walking surface may not exceed one half inch wide in the direction of
				  travel.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:15 - Wall and ceiling finish

Current through Register Vol. 51, page 10, July 15, 2024
Walls shall be washable, and in the immediate area of
				  plumbing fixtures the finish shall be protected from water damage. Wall bases
				  in dietary areas shall be free of spaces that can harbor insects. All dietary
				  ceilings shall be washable or easily cleanable.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:17 - Plumbing fixtures

Current through Register Vol. 51, page 10, July 15, 2024
The material used for plumbing fixtures shall be of
				  nonabsorptive acid-resistant material. Each lavatory and sink required in
				  patient care areas shall have the water supply spout mounted so that the
				  discharge is a minimum of five inches (0.13 meters) above the rim of the
				  fixture. Handwashing facilities shall be equipped with hands-free controls. A
				  single lever device may be used. Each clinical sink shall have an integral trap
				  in which the upper portion of a visible trap seal provides a water surface. If
				  blade handles are used, proper clearance shall be maintained for operation. An
				  aerator is not approved for use on faucet spouts. A paper towel dispenser or
				  hand-drying device shall be provided at each lavatory or sink. A mirror or
				  paper towel dispenser with reflective surface may not be provided at a
				  handwashing facility in the clean utility or dietary where grooming could
				  potentially cause contamination.
Each water closet shall be an elongated bowl type and be
				  equipped with an open front seat.
Any shower stall that is not required to be wheelchair
				  transfer or standard roll-in type shall have curb heights not more than six
				  inches above the finished floor. The shower floor elevation and bathroom
				  finished floor elevation shall be level where possible but the difference in
				  elevation cannot exceed three inches.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:18 - Water supply systems

Current through Register Vol. 51, page 10, July 15, 2024
Each water supply systems shall supply water to the fixtures
				  and equipment on the upper floors at a minimum pressure of 15 pounds a square
				  inch (1055.9 kilograms a square meter) during maximum demand periods. Each
				  water service main, branch main, riser, and branch to a group of fixtures shall
				  be valved. Stop valves shall be provided at each fixture. Hot, cold, and
				  chilled water piping and waste piping on which condensation may occur shall be
				  insulated. Insulation of cold and chilled water lines shall include an exterior
				  vapor barrier.
Water supply systems in a health care facility must maintain
				  one part per million free residual chlorine at remote point-of-use fixtures in
				  the facility or may use another bacteriological control method (increasing
				  water temperature range from 122 degrees to 125 degrees Fahrenheit [50-52
				  degrees centigrade] is acceptable) that has been demonstrated to be equivalent
				  in control of
Legionella
. The facility must document water
				  temperatures to verify the hot water temperature is being maintained within the
				  acceptable range The chlorine testing must be done daily using photocell and
				  light source DPD (N, N, Diethyl-p-phenylenediamine) test kits and the test
				  results logged. When testing demonstrates that consistent chlorine levels are
				  maintained, the frequency of testing may be reduced to a level necessary to
				  demonstrate compliance.
General Authority:
SDCL
					 34-12-13(1), (4), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (4), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:19 - Plumbing fixtures

Current through Register Vol. 51, page 10, July 15, 2024
The material used for plumbing fixtures shall be of
				  nonabsorptive acid-resistant material. Each lavatory and sink required in
				  patient care areas shall have the water supply spout mounted so that the
				  discharge is a minimum of five inches (0.13 meters) above the rim of the
				  fixture. Handwashing facilities shall be equipped with hands-free controls. A
				  single lever device may be used. Each clinical sink shall have an integral trap
				  in which the upper portion of a visible trap seal provides a water surface. If
				  blade handles are used, proper clearance shall be maintained for operation. An
				  aerator is not approved for use on faucet spouts. A paper towel dispenser or
				  hand-drying device shall be provided at each lavatory or sink. A mirror or
				  paper towel dispenser with reflective surface may not be provided at a
				  handwashing facility in the clean utility or dietary where grooming could
				  potentially cause contamination.
Each water closet shall be an elongated bowl type and be
				  equipped with an open front seat.
Any shower stall that is not required to be wheelchair
				  transfer or standard roll-in type shall have curb heights not more than six
				  inches above the finished floor. The shower floor elevation and bathroom
				  finished floor elevation shall be level where possible but the difference in
				  elevation cannot exceed three inches.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:20 - Water supply systems

Current through Register Vol. 51, page 10, July 15, 2024
Each water supply system shall supply water to the fixtures
				  and equipment on the upper floors at a minimum pressure of 15 pounds a square
				  inch (1055.9 kilograms a square meter) during maximum demand periods. Each
				  water service main, branch main, riser, and branch to a group of fixtures shall
				  be valved. Stop valves shall be provided at each fixture. Hot, cold, and
				  chilled water piping and waste piping on which condensation may occur shall be
				  insulated. Insulation of cold and chilled water lines shall include an exterior
				  vapor barrier.
Water supply systems in a health care facility must maintain
				  one part per million free residual chlorine at remote point-of-use fixtures in
				  the facility or may use another bacteriological control method (increasing
				  water temperature range from 122 degrees to 125 degrees Fahrenheit [50-52
				  degrees centigrade] is acceptable) that has been demonstrated to be equivalent
				  in control of
Legionella
. The facility must document water
				  temperatures to verify the hot water temperature is being maintained within the
				  acceptable range The chlorine testing must be done daily using photocell and
				  light source DPD (N, N, Diethyl-p-phenylenediamine) test kits and the test
				  results logged. When testing demonstrates that consistent chlorine levels are
				  maintained, the frequency of testing may be reduced to a level necessary to
				  demonstrate compliance.
General Authority:
SDCL
					 34-12-13(1), (4), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (4), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:21 - Vacuum breakers

Current through Register Vol. 51, page 10, July 15, 2024
An antisiphon device or backflow preventer shall be
				  installed on any hose bib and on any fixture to which hoses or tubing can be
				  attached such as janitor sink, bedpan flushing attachment, and handheld shower.
				  An antisiphon device or backflow preventer shall be installed on all plumbing
				  and equipment where any possibility exists for contamination of the potable
				  water supply.
General Authority:
SDCL
					 34-12-13(1), (4), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (4), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:22 - Hot water systems

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall install a recirculating system to provide
				  hot water to all fixtures. The hot water heating equipment shall have
				  sufficient capacity to supply water at the temperature and amounts to meet the
				  needs of the facility.
General Authority:
SDCL
					 34-12-13(1), (4), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (4), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:23 - Drainage systems

Current through Register Vol. 51, page 10, July 15, 2024
Any piping over a food preparation center, food serving
				  facility, food storage area, and any other critical area shall be kept to a
				  minimum and may not be exposed. Special precautions shall be taken to protect
				  these areas from possible leakage of necessary overhead piping systems. The
				  building sewer shall discharge into a community sewerage system. If such a
				  system is not available, a facility providing sewage treatment which conforms
				  to applicable local and state regulations is required.
Water from roof systems shall be collected and discharged
				  away from the building foundation. Rain gutters with downspouts and splash
				  blocks shall be provided for pitched roof systems. Provisions shall be made to
				  avoid having water accumulated on sidewalks and parking areas around the
				  building.
The building sewer system shall have a cleanout located
				  outside the perimeter of the building foundation.
General Authority:
SDCL
					 34-12-13(1), (4), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (4), and
					 (14).
Individual and small on-site wastewater systems, ch
					 74:53:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:24 - Pipe requirements

Current through Register Vol. 51, page 10, July 15, 2024
Before placing potable water systems in service, the piping
				  system shall be disinfected in accordance with the South Dakota Plumbing
				  Commission standards in article 20:54 and certification shall be available from
				  the installer showing the method used, date, test procedure used to verify
				  chlorine concentrations, and date the system was flushed and placed in
				  service.
Pipe covering, vapor barriers, and adhesives used for
				  applying them shall have a flame spread of not more than 25 and a smoke
				  emission factor of not more than 50 when tested in accordance with the
NFPA 101 Life Safety Code,
2012 edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 101 Life Safety Code,
2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:25 - Electrical distribution system

Current through Register Vol. 51, page 10, July 15, 2024
All material including equipment, conductors, controls, and
				  signaling devices shall be installed to provide a complete electrical system
				  with the necessary characteristics and capacity to supply the electrical
				  facilities shown in the specifications or indicated on the plans. All materials
				  shall be listed as complying with applicable standards of Underwriters'
				  Laboratories, Inc., or other similarly established standards. Each circuit
				  breaker or fusible switch that provides disconnecting means and overcurrent
				  protection for a conductor connected to switchboard and distribution panel
				  board shall be enclosed or guarded to provide a dead front type of assembly.
				  The main switchboard shall be located in a separate enclosure accessible to
				  authorized persons. Each lighting and appliance panel board shall be provided
				  for the circuit on each floor. The provisions of this section do not apply to
				  emergency system circuits.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:26 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Each patient bedroom shall have general lighting of at least
				  ten footcandles (0.929 lumens per square meter) and night lighting. If task
				  illumination is required, a light with an intensity of at least 30 footcandles
				  (2.79 lumens per square meter) at the work surface shall be provided. At least
				  one luminaire for night lighting shall be switched at the entrance to each
				  patient room. Illumination of at least 100 footcandles (9.29 lumens per square
				  meter) shall be provided at the medication set-up area. Illumination of at
				  least 30 footcandles (2.79 lumens per square meter) shall be provided in each
				  dining area and at any bathing facility.
General Authority:
SDCL
					 34-12-13(3), (4) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(3), (4) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:27 - Emergency electrical service

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have a Type 2, Essential Electrical
				  System in accordance with the National Fire Protection Association (NFPA 99
				  Health Care Facilities Code, 2012 Edition). Automatic emergency lighting shall
				  also be provided at staff work station, medication room, room where main
				  electrical panel is located, and boiler room.
Emergency electrical service shall be provided from an
				  automatic generator set and automatic transfer switches serving emergency
				  panels.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 99 Health Care Facilities Code,
2012
					 edition, National Fire Protection Association. Copies may be obtained from the
					 National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $66.50.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:28 - Staff call system

Current through Register Vol. 51, page 10, July 15, 2024
A staff call system shall be provided for patient use to
				  summon assistance from staff. The system shall be capable of being easily
				  activated by the patient and shall register both visually and audibly at the
				  staff station. In multicorridor nursing units, additional visible signals shall
				  be installed at corridor intersections. The system shall be utilized and
				  maintained in such a manner as to ensure that it is a consistent and effective
				  means for a patient to alert staff of the need for assistance. The call
				  stations convenient for patient use shall be provided at each bed, patient
				  toilet, bathing or shower facility used by the patient. Staff call systems
				  which provide two-way voice communication shall be equipped with an indicating
				  light at each calling station which lights and remains lighted as long as the
				  voice circuit is operating. The call system shall also meet at least one of the
				  following requirements:
(a) The call
				system utilizes fixed call stations that are convenient for patient use and
				activated by a pull cord or other approved device. The fixed system shall
				actuate a visual signal at the patient room door, and in the clean workroom,
				soiled workroom, and nourishment station of the nursing unit. In multicorridor
				nursing units, additional visible signals shall be installed at corridor
				intersections;
(b) The call system
				utilizes wireless devices that are convenient for patient use and activated by
				a pull cord or other approved device. The wireless system shall actuate a
				visual and audible signal at the staff station and on pocket paging devices
				carried by all direct care staff. Wireless devices shall be fully supervised,
				shall be capable of alarm reset at the source, and transmit low battery alert.
				Wireless devices shall utilize batteries that are readily available;
				or
(c) Another type of call system
				that has been submitted for review and approved by the department.
General Authority:
SDCL
					 34-12-13(4) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(4) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:79 - Inpatient hospice facilities › Chapter 44:79:10 - Construction standards › Section 44:79:10:29 - Submittal of plans and specifications

Current through Register Vol. 51, page 10, July 15, 2024
Plans and specifications for new construction shall be
				  submitted to the department for evaluation of function and fire protection. The
				  department's approval shall be obtained before beginning construction.
				  Modification during construction shall be submitted to the department for
				  review and shall be approved prior to the modification. A written narrative
				  describing the intended use of the proposed construction shall accompany the
				  plans and specifications.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 34-12-1.1 have the same meaning in
				  this article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an
				individual indicating that one or more of the following has occurred:
(a) A criminal conviction against a person
				for mistreatment toward an individual; or
(b) In the absence of a criminal conviction,
				substantial evidence that one or more of the following has occurred resulting
				in harm, pain, fear, or mental anguish:
(i)
				Misappropriation of a patient's or resident's property or funds;
(ii) An attempt to commit a crime against a
				patient or resident;
(iii) Physical
				harm or injury against a patient or resident; or
(iv) Using profanity, making a gesture, or
				engaging in any other act made to or directed at a patient or
				resident;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:02 - Posting of License

Current through Register Vol. 51, page 10, July 15, 2024
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 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:03 - Name of hospice

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be designated by a pertinent and
				  distinctive name that shall be used in applying for a license. The name may not
				  be changed without first notifying the department in writing. No facility may
				  be given a name or advertise in a way that implies services rendered are in
				  excess of the classification for which it is licensed or which would indicate
				  an ownership other than actual.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:04 - 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 shall 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 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:05 - Restrictions on acceptance of residents

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall accept residents in accordance with the
				  following restrictions:
(1) The
				facility shall ensure hospice services are provided to residents by a Medicare
				hospice agency certified by the Centers for Medicare and Medicaid
				Services;
(2) A resident accepted
				for care by a residential hospice shall be housed within the facility covered
				by the license;
(3) A licensed
				residential hospice may not accept or retain a resident who requires care in
				excess of the classification for which it is licensed;
(4) Personnel essential to maintaining
				adequate staff may not leave a licensed hospice during the persons tour of duty
				in the hospice to provide services to a person who is not a resident of the
				hospice with the exception of providing emergency care on premises contiguous
				to the hospice's property; and
(5)
				A licensed hospice facility may only admit and retain a resident certified by a
				physician as terminally ill.
General Authority:
SDCL
					 34-12-7,
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-7,
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:06 - Joint occupancy

Current through Register Vol. 51, page 10, July 15, 2024
The use of a portion of a building for a purpose other than
				  that covered by the license may be approved by the department only if it can be
				  shown that joint occupancy is not detrimental to the welfare of the residents.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:07 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall fax, email, or mail to the department
				  the pertinent data necessary to comply with the requirements of all applicable
				  administrative rules and statutes.
Any incident or event where there is reasonable cause to
				  suspect abuse or neglect of any patient by any person shall be reported within
				  24 hours of becoming informed of the alleged incident or event. The facility
				  shall report each incident or event orally or in writing to the states attorney
				  of the county in which the facility is located, to the Department of Social
				  Services, or to a law enforcement officer. The facility shall report each
				  incident or event to the department within 24 hours, and conduct a subsequent
				  internal investigation and provide a written report of the results to the
				  department within five working days after the event.
Each facility shall report to the department within 48 hours
				  of the event any death resulting from other than natural causes originating on
				  facility property such as accidents or suicide. The facility shall conduct a
				  subsequent internal investigation and provide a written report of the results
				  to the department within five working days after the event.
Each facility shall report a missing patient to the
				  department within 48 hours. The facility shall conduct a subsequent internal
				  investigation and provide a written report of the results to the department
				  within five working days after the event.
Each facility shall also report to the department as soon as
				  possible any fire with damage or where injury or death occurs; any partial or
				  complete evacuation of the facility resulting from natural disaster; or any
				  loss of utilities, such as electricity, natural gas, telephone, emergency
				  generator, fire alarm, sprinklers, and other critical equipment necessary for
				  operation of the facility for more than 24 hours.
Each facility shall notify the department of any anticipated
				  closure or discontinuation of service at least 30 days in advance of the
				  effective date.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:08 - 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 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 forms provided by the
				  department. The department may reject the plan of correction if there is no
				  evidence the plan will cause the hospice 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 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:09 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
A modification to the staffing requirements provided in
				  §
									44:80:03:02 may be approved by the
				  department for a licensed residential hospice which is physically combined and
				  jointly operated. The health and safety of the resident in either facility
				  shall may be jeopardized. A modification specified by this section shall be
				  requested in writing by the residential hospice.
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 44:80 - Residential hospice facilities › Chapter 44:80:01 - Rules of general applicability › Section 44:80:01:10 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:80 limits or expands the rights of any
				  healthcare worker to provide services within the scope of the professional's
				  license, certification, or registration, as provided by South Dakota
				  law.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:01 - 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
				  clients, personnel, visitors, and the community at large.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:02 - Pets

Current through Register Vol. 51, page 10, July 15, 2024
No pet kept in or visiting a facility may negatively affect
				  the well-being of a 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 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:03 - 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 resident' care. Common
				  use equipment shall be disinfected after each use. Facilities shall have a
				  separate space for clean and soiled linens. All parts of the hospice shall be
				  kept clean, neat, and free of visible soil, litter, and
				  rubbish.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:04 - Chemicals used to sanitize or disinfect

Current through Register Vol. 51, page 10, July 15, 2024
The label of chemicals used to sanitize or disinfected shall
				  indicate registration with the Environmental Protection Agency as effective,
				  safe, and approved for their intended 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 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:05 - Housekeeping cleaning methods and equipment

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall establish written housekeeping procedures
				  for the cleaning of all areas in the facility and copies made available to all
				  housekeeping personnel. All parts of the facility shall be kept clean, neat,
				  and free of visible soil, litter, and rubbish. Equipment and supplies shall be
				  provided for cleaning of all surfaces. Such equipment shall be maintained in a
				  safe, sanitary condition. Hazardous cleaning solutions, chemicals, poisons, and
				  substances shall be labeled, stored in a safe place, and kept in an enclosed
				  section separate from other cleaning materials. Cleaning of areas designed for
				  resident use shall be performed by dustless methods that minimize the spread of
				  pathogenic organisms in the facility's atmosphere. Each vacuum used in hospice
				  shall be equipped to provide effective discharge air filtration of particles
				  larger than 0.3 microns. Cleaning shall include all environmental surfaces
				  within the residential hospice that are subject to contamination from dust,
				  direct splash, or pathogenic organisms except medical equipment, supplies, or
				  devices that are the responsibility of other services or departments of the
				  hospice.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:06 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
If an in-house food service is provided, the hospice shall
				  meet the safety and sanitation procedures for food service in §§
									44:02:07:01,
				  44:02:07:02, and 44:02:07:04 to
				  44:02:07:95, inclusive, the Food Service Code. In addition, a mechanical
				  dishwasher shall be provided. The hospice shall have the space, equipment,
				  supplies, and mechanical systems for efficient, safe, and sanitary food
				  preparation. If the hospice food service is contracted out, the contractor
				  shall be a licensed food service establishment that is inspected by a local,
				  state, or federal authority. The facility shall ensure that food is prepared
				  and served in a manner that is safe and palatable. Hot food shall be held at or
				  above 135 degrees Fahrenheit (57.2 degrees Centigrade) and served promptly
				  after being removed from the temperature holding device. Cold foods shall be
				  held at or below 41 degrees Fahrenheit (five degrees centigrade) and served
				  promptly after being removed from the holding device.
General Authority:
SDCL
					 34-12-13(3), (5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(3), (5) and
					 (8).
Note:
Article 44:02, Lodging and Food Service,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for
					 $4.14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:07 - Handwashing facilities

Current through Register Vol. 51, page 10, July 15, 2024
Handwashing facilities consisting of hot and cold running
				  water dispensed through a mixing faucet controlled with blade handles or other
				  hands-free controls, a towel dispenser with single-service towels or a
				  hand-drying device, and hand cleanser shall be located at dietary areas,
				  utility rooms, staff stations, laundry, and all toilet rooms not directly
				  connected to resident rooms. A handwashing facility shall be provided in each
				  resident room. If existing faucets and controls are replaced or changed, they
				  shall be replaced with mixing faucets controlled with blade handles or other
				  hands-free controls.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
Plumbing fixtures, §
											44:80:10:21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:08 - Linen

Current through Register Vol. 51, page 10, July 15, 2024
The supply of bed linen and towels shall equal three times
				  the licensed capacity. The facility shall have written procedures for the
				  storage and handling of soiled and clean linens. The facility shall contract
				  with a commercial laundry service or the laundry service of another licensed
				  health care facility for all common use linens if laundry services are not
				  provided on the premises. The facility shall process laundry following the
				  laundry equipment and cleaning agent recommendations. A facility providing
				  laundry services shall have adequate space and equipment for the safe and
				  effective operation of the laundry service. Closed containers shall be used
				  during transport and the arrangement of equipment and the handling of linens
				  shall prevent soiled linens from contacting the processed clean linens. Air
				  flow in the linen processing shall be from clean processing areas toward the
				  soiled holding and sorting area. Clean linens shall be covered during transport
				  to storage areas.
General Authority:
SDCL
					 34-12-13(1) and
					 (4).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (4).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:80 - Residential hospice facilities › Chapter 44:80:02 - Physical environment › Section 44:80:02:09 - Infection control

Current through Register Vol. 51, page 10, July 15, 2024
The infection prevention and control program shall utilize
				  the concept of standard precautions. Bloodborne pathogen control shall be
				  maintained according to the requirements contained in
				  29 C.F.R.
				  1910.1030, July 1, 2006. The facility shall
				  designate an employee to be responsible for the implementation of the infection
				  control program including surveillance and reporting activities. There shall be
				  written procedures that govern the use of aseptic techniques and procedures in
				  all areas of the facility. Each hospice shall develop policies and procedures
				  for the handling and storage of potentially hazardous substances. The hospice
				  shall provide orientation and continuing education to all personnel on the on
				  the cause, effect, transmission, prevention, and elimination of infections.
				  Each hospice shall develop a written policy for evaluation and reporting of any
				  employee with a reportable infectious disease.
General Authority:
SDCL
					 34-12-13(1),
					 34-22-9(8).
Law Implemented:
SDCL
					 34-12-13(1).