reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:04 - Notification when patient's condition changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall immediately inform the patient, consult
				  with the patient's physician, and, if known, notify the patient's legal
				  representative or interested family member when any of the following
				  occurs:
(1) An accident involving the
				patient which results in injury or has the potential for requiring intervention
				by a physician;
(2) A significant
				change in the patient's physical, mental, or psychosocial status;
(3) A need to alter treatment significantly;
				or
(4) A decision to transfer or
				discharge the patient from the facility.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:05 - Notification of patient's room assignment or rights change

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall promptly notify the patient and, if known,
				  the patient's legal representative, as specified in SDCL
				  34-12C-3, or interested family
				  member when there has been a change in the patient's room or roommate
				  assignment or when there has been a change in the patient's
				  rights.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:06 - Right to manage financial affairs

Current through Register Vol. 51, page 10, July 15, 2024
A patient may manage personal financial affairs. A facility
				  may not require patients to deposit their personal funds with the facility. If
				  the patient chooses to deposit funds with the facility and gives written
				  authorization, the facility shall hold the funds in accordance with SDCL
				  34-12-15.1 to
				  34-12-15.10,
				  inclusive.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:07 - Choice in planning care

Current through Register Vol. 51, page 10, July 15, 2024
A patient may choose a personal attending physician, be
				  fully informed in advance about care and treatment and of any changes in that
				  care or treatment that may affect the patient's well-being, and, unless
				  adjudged incompetent or otherwise found to be incapacitated under the laws of
				  the state, participate in planning care and treatment or changes in care or
				  treatment.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
Right to choose own physician unimpaired by public health
					 programs -- Misdemeanor, SDCL
					 34-1-20.
Rights of authorized person as incapacitated person, SDCL
					 34-12C-6.
Liability of health care provider -- Liability of
					 authorized decision maker, SDCL
					 34-12C-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:08 - Privacy and confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide for privacy and confidentiality for
				  the patient, including the patient's accommodations, medical treatment, written
				  and telephone communications, personal care, visits, and meetings of family and
				  patient groups. A facility is not required to provide a private room for each
				  patient. A facility shall permit patients to perform the following:
(1) To send and receive unopened mail and to
				have access to stationery, postage, and writing implements at the patient's own
				expense;
(2) To access and use a
				telephone without being overheard;
(3) To visit a spouse or, if both are
				patients of the same facility, to share a room with the spouse, within the
				capacity of the facility, upon the consent of both spouses;
(4) Except in an emergency, to have room
				doors closed and to require knocking before entering the patient's
				room;
(5) To have only authorized
				staff present during treatment or activities of personal hygiene;
(6) To retire and rise according to the
				patient's wishes, as long as the patient does not disturb other
				patients;
(7) To meet, associate,
				and communicate with any person of the patient's choice in a private place
				within the facility;
(8) To
				participate in social, religious, and community activities that do not
				interfere with the rights of other patients in the facility; and
(9) To approve or refuse the release of
				personal and medical records to any individual outside the facility, except
				when the patient is transferred to another health care facility or when the
				release of the record is required by law. With the patient's permission, a
				facility shall allow the state ombudsman or a representative of the ombudsman
				access to the patient's medical records.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
Written policies and confidentiality of records, §
											44:75:09:03.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:09 - Quality of life

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall provide care and an environment that
				  contributes to the patient's quality of life, including:
(1) A safe, clean, comfortable, and homelike
				environment;
(2) Maintenance or
				enhancement of the patient's ability to preserve individuality, exercise
				self-determination, and control everyday physical needs;
(3) Freedom from physical or chemical
				restraints imposed for purposes of discipline or convenience;
(4) Freedom from verbal, sexual, physical,
				and mental abuse and from involuntary seclusion, neglect, or exploitation
				imposed by anyone, and theft of personal property;
(5) Retention and use of personal
				possessions, including furnishings and clothing, as space permits, unless to do
				so would infringe upon the rights or health and safety of other patients;
				and
(6) Support and coordination to
				assure pain is recognized and addressed appropriately.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
Care policies §
											44:75:04:11.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:10 - Grievances

Current through Register Vol. 51, page 10, July 15, 2024
A patient may voice grievances without discrimination or
				  reprisal. A patient's grievance may be in writing or oral and may relate to
				  treatment furnished, treatment that has not been furnished, the behavior of
				  other patients, and infringement of the patient's rights. A facility shall
				  adopt a grievance process and make the process known to each patient and to the
				  patient's immediate family. The grievance process shall include the facility's
				  efforts to resolve the grievance and documentation of:
(1) The grievance;
(2) The names of the persons
				involved;
(3) The disposition of
				the matter; and
(4) The date of
				disposition.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:11 - Availability of survey results

Current through Register Vol. 51, page 10, July 15, 2024
Survey results, along with the corresponding Plan of
				  Correction shall be provided to patients and individuals upon
				  request.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:12 - Right to refuse to perform services

Current through Register Vol. 51, page 10, July 15, 2024
A patient may refuse to perform services on behalf of the
				  facility, unless otherwise agreed to in the patient's plan of care. The patient
				  may perform services for the facility when the following conditions are
				  met:
(1) The plan of care includes
				documentation of the need or desire for work;
(2) The nature of the services performed is
				specified, including whether the services are voluntary or paid;
(3) Compensation for paid services is at or
				above prevailing rates; and
(4) The
				patient agrees to the work arrangement.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:13 - Self-administration of medication

Current through Register Vol. 51, page 10, July 15, 2024
A patient may self-administer-drugs medication if the
				  interdisciplinary team consisting of selected healthcare workers and licensed
				  health professionals has determined the practice to be safe. The determination
				  shall state whether the patient or the nursing personnel is responsible for
				  storage of the medication and documentation of its administration in accordance
				  with chapter 44:75:08.
General Authority:
SDCL
					 34-12-13(15).
Law Implemented:
SDCL
					 34-12-13(15).
Medication control, ch
					 44:75:08.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities › Chapter 44:75:15 - Swing bed patients' Rights › Section 44:75:15:14 - Admission, transfer, and discharge policies

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall establish and maintain policies and
				  practices for admission, discharge, and transfer of patients which prohibit
				  discrimination based upon payment source and which are made known to patients
				  at or before the time of admission. The policies and practices shall
				  include:
(1) The patient may remain in
				the facility and may not be transferred or discharged unless the patient's
				needs and welfare cannot be met by the facility, the patient's health has
				improved sufficiently so the patient no longer needs the services provided by
				the facility, the safety or health of individuals in the facility is endangered
				by the patient, the patient has failed to pay for allowable billed services as
				agreed to, or the facility ceases to operate;
(2) The facility shall notify the patient and
				a family member or client advocate in writing at least 30 days before the
				transfer or discharge unless a change in the patient's health requires
				immediate transfer or discharge or the patient has not resided in the facility
				for 30 days. The written notice shall specify the reason for and effective date
				of the transfer or discharge and the location to which the patient will be
				transferred or discharged;
(3)
				Conditions under which the patient may request or refuse transfer within the
				facility; and
(4) A description of
				how the patient may appeal a decision by the facility to transfer or discharge
				the patient.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:01 - 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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:02 - 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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:03 - Name of facility

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be designated by a pertinent and
				  distinctive name that shall be used in applying for a license. The name may not
				  be changed without first notifying the department in writing. No facility may
				  be given a name or advertise in a way that implies services rendered are in
				  excess of the classification for which it is licensed or which would indicate
				  an ownership other than actual.
General Authority:
SDCL
					 34-12-7.
Law Implemented:
SDCL
					 34-12-7.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:04 - Facility capacity

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish the capacity of each facility
				  pursuant to the physical plant and space provisions of this article. The
				  patient census may not exceed the capacity for which the facility is designed.
				  A request by the facility for an adjustment in capacity because of change of
				  purpose or construction shall be approved by the department before any changes
				  are made.
General Authority:
SDCL
					 34-12-13.
Law Implemented:
SDCL
					 34-12-7,
					 34-12-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:05 - Restrictions on acceptance of patients

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall accept patients in accordance with the
				  following restrictions:
(1) A patient
				accepted for care by a licensed facility shall be treated within the facility
				covered by the license;
(2) A
				facility may not accept patients who require care in excess of the
				classification for which it is licensed;
(3) Nursing and other personnel essential to
				maintaining adequate staff may not leave a facility during their tour of duty
				in the facility to provide services to persons who are not patients of the
				facility with the exception of providing emergency care on premises contiguous
				to the facility's property;
(5)
				[(4)] All facilities that accept patients suffering from
				developmental disabilities or mental diseases shall provide facilities and
				programs consistent with the needs of such patients;
(6) [(5)] If persons are accepted for care or
				to participate in any programs or services their numbers shall be included in
				the evaluation of central use, activity, and staffing of nursing and programs;
				and the provision of an infection control program.
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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:06 - 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 patients.
				  The area shall be open to inspection by the department.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:07 - 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 incident or event shall also be
				  reported 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 patient. 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.
Each facility shall report to the department any unsafe water
				  samples for pools or spas.
General Authority:
SDCL
					 34-12-13(14).
Law Implemented:
SDCL
					 34-12-13(14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:08 - 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 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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:01 - Rules of general applicability › Section 44:76:01:09 - Scope of article

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in article 44:76 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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:01 - 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
				  patients, 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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:02 - 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 patient.
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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:03 - 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, disinfecting, or
				  sterilizing all work areas, equipment, utensils, and medical devices used for
				  patients' care. Common use equipment shall be disinfected or sterilized after
				  each use. Facilities shall have separate clean and soiled utility
				  rooms.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:04 - 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 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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:05 - Sterilization

Current through Register Vol. 51, page 10, July 15, 2024
Instruments, supplies, utensils and equipment which are not
				  single service shall be decontaminated before sterilization in a manner that
				  will make them safe for handling by personnel. Supplies and equipment
				  commercially prepared and sterilized to retain sterility indefinitely are
				  acceptable in lieu of sterilization in the facility. Autoclaves used for steam
				  sterilization shall be bacteriologically monitored at least weekly. Supplies
				  and equipment sterilized and packaged in the facility shall have the processing
				  date on the package and shall be reprocessed in accordance with any specific
				  manufacturer's recommendation for the packaging.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:06 - 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
				  patient use shall be performed by dustless methods that minimize the spread of
				  pathogenic organisms in the facility's atmosphere. Each vacuum used in medical
				  facilities shall be equipped to provide effective discharge air filtration of
				  particles larger than 0.3 microns. Cleaning shall include all environmental
				  surfaces within the facility 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
				  facility.
General Authority:
SDCL
					 34-12-13(2).
Law Implemented:
SDCL
					 34-12-13(2).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:07 - Food service

Current through Register Vol. 51, page 10, July 15, 2024
Food services if provided 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. Any food service provided from
				  an outside food establishment shall be inspected by a local, state, or federal
				  agency. In addition, a mechanical dishwasher shall be provided in all
				  facilities providing food service. The facility shall have the space,
				  equipment, supplies, and mechanical systems for efficient, safe, and sanitary
				  food preparation if any part of the food service is provided by the
				  facility.
General Authority:
SDCL
					 34-12-13(5) and
					 (8).
Law Implemented:
SDCL
					 34-12-13(5) and
					 (8).
Note:
Article 44:02, Lodging and Food Service,
					 Administrative Rules of South Dakota, contains the Food Service Code and may be
					 obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota
					 57501, telephone (605) 773-4935, for
					 $4.14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:08 - 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 in dietary areas,
				  utility rooms, staff stations, pharmacies, laboratories, surgical suites,
				  physical therapy rooms, restorative therapy rooms, examination and treatment
				  rooms, laundry, and all toilet rooms. 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 fixture devices, §
											44:76:12:14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:10 - Infection prevention and 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 a qualified professional with training in infection control 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 facility shall develop policies and procedures for the handling
				  and storage of potentially hazardous substances (including lab specimens).
				  There shall be a method of control used in relation to the sterilization of
				  supplies and a written policy requiring sterile supplies to be reprocessed. The
				  facility shall provide orientation and continuing education to all personnel on
				  the facility's staff on the cause, effect, transmission, prevention, and
				  elimination of infections. Each facility 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).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:11 - Plumbing

Current through Register Vol. 51, page 10, July 15, 2024
Facility plumbing systems 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 facility. Plumbing may not constitute a
				  source of contamination of food equipment or utensils or create an unsanitary
				  condition or nuisance.
General Authority:
SDCL
					 34-12-13(1) and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:12 - Water supply

Current through Register Vol. 51, page 10, July 15, 2024
The facility's water supply shall be obtained from a public
				  water system or, in its absence, from a supply approved by the Department of
				  Environment and Natural Resources. Each private water supply shall have a water
				  sample bacteriologically tested at least monthly. The volume of water shall be
				  sufficient for the needs of the facility, including fire fighting requirements.
				  The hot water system shall be capable of supplying the work and patient areas
				  with water at the required temperatures. Maximum hot water temperatures at
				  plumbing fixtures used by patients may not exceed 125 degrees Fahrenheit (52
				  degrees centigrade). The minimum temperature of hot water for patient use shall
				  be at least 100 degrees Fahrenheit (38 degrees centigrade).
Each water supply system shall maintain one part per million
				  free residual chlorine at remote point-of-use fixtures in the facility or may
				  use another bacteriological control method, such as increasing water
				  temperature range from 122 degrees to 125 degrees Fahrenheit (50-52 degrees
				  centigrade), that has been demonstrated to be equivalent in control of
Legionella
. The facility shall document water temperatures to
				  verify the hot water temperature is being maintained within the acceptable
				  range. The chlorine testing shall be done daily using photocell and light
				  source DPD (N, N, Diethyl-p-phenylenediamine) test kits, and the test results
				  logged. If 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).
Law Implemented:
SDCL
					 34-12-13(1).
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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:13 - Ventilation

Current through Register Vol. 51, page 10, July 15, 2024
Electrically powered exhaust ventilation shall be provided
				  in all soiled areas, wet areas, toilet rooms, and storage rooms. Clean storage
				  rooms may also be ventilated by supplying and returning air from the building's
				  air-handling system.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:14 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Spaces occupied by people, machinery, and equipment within
				  buildings and their approaches and parking lots shall have artificial lighting
				  at a level for general safety. Required exits shall be equipped with continuous
				  emergency lighting. Emergency power shall be provided if the main source of
				  power fails.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:15 - Refuse and waste disposal

Current through Register Vol. 51, page 10, July 15, 2024
Garbage, refuse, and waste shall be handled and disposed of
				  in a safe and sanitary manner. Final disposal of all refuse and waste shall
				  comply with articles 74:27 and 74:28. Putrescible garbage shall be removed at a
				  frequency to contain or prevent odors, insects, and vermin.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:16 - Insect and rodent control

Current through Register Vol. 51, page 10, July 15, 2024
The facility shall take effective measures to protect
				  against the entrance into the facility and the breeding or presence on the
				  premises of rodents, flies, roaches, and other vermin. The facility may use
				  chemical substances of a poisonous nature in accordance with the requirements
				  of this section to control or eliminate various types of vermin. The substances
				  shall be properly colored and labeled to identify them as poisons, shall be
				  used and stored in a safe manner, and may not be stored with food or drugs used
				  for human consumption. Extreme care shall be taken to prevent any poisons from
				  contaminating food or food products.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:17 - Sewage disposal

Current through Register Vol. 51, page 10, July 15, 2024
Sewage shall be disposed of in a public sewage works system
				  or, in its absence, in a manner approved by the department in accordance with
				  the provisions of SDCL chapter 34A-2.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:18 - Occupant protection

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, arranged, equipped,
				  maintained, and operated to avoid injury or danger to the occupants. The extent
				  and complexity of occupant protection precautions is determined by the services
				  offered and the physical needs of the patients admitted to the facility. The
				  facility shall take at least the following precautions:
(1) Develop and implement a written and
				scheduled preventive maintenance program;
(2) Provide securely constructed and
				conveniently located grab bars in all toilet rooms and bathing areas used by
				patients;
(3) Provide a call system
				for each patient recovery station, preoperative and postoperative holding
				space, and in all toilet rooms and bathing facilities routinely used by
				patients. The call system shall be capable of being easily activated by the
				patient and shall register at a staff station serving the unit. A wireless call
				system may be used;
(4) Provide
				grounded or double-insulated electrical equipment or protect the equipment with
				ground fault circuit interrupters. Ground fault circuit interrupters shall be
				provided in wet areas and for outlets within six feet of sinks;
(5) A portable space heater, portable halogen
				lamp, household-type electric blanket, or house-hold heating pad may not be
				used in a facility;
(6) Any light
				fixture located over a patient recovery station, preoperative and postoperative
				holding spaces, in any bathing or treatment area, in a clean supply storage
				room, in any laundry clean linen storage area, or in any medication set-up area
				shall be equipped with a lens cover or a shatterproof lamp;
(7) Any clothes dryer shall have a galvanized
				metal vent pipe for exhaust; and
(8) The storage and transfilling of oxygen
				cylinders or containers shall meet the requirements of the NFPA 99 Standard for
				Health Care Occupancies, 2012 Edition.
General Authority:
SDCL
					 34-12-13(1) and
					 (3).
Law Implemented:
SDCL
					 34-12-13(1) and
					 (3).
NFPA 99 Health Care Facilities
, 2012 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone:
					 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:19 - Area requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall be constructed, equipped, and operated
				  to maintain the privacy and dignity of all patients. In a multi-patient
				  recovery room, each patient recovery area shall be able to be separated from
				  the other patients by privacy curtains.
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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:20 - Physical plant changes

Current through Register Vol. 51, page 10, July 15, 2024
A facility shall submit any proposed change by new
				  construction, remodeling, or change of use of an area to the department. Any
				  change shall have the approval of the department before it is
				  made.
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 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:21 - Location

Current through Register Vol. 51, page 10, July 15, 2024
The location of facilities shall promote the health,
				  treatment, comfort, safety, and well-being of persons accepted and retained for
				  care. Facilities shall be served by good, passable roads. Easy accessibility
				  for employees, visitors, and fire-fighting services shall be
				  maintained.
General Authority:
SDCL
					 34-12-13(1), (3), and
					 (14).
Law Implemented:
SDCL
					 34-12-13(1), (3), and
					 (14).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:22 - Heating and cooling

Current through Register Vol. 51, page 10, July 15, 2024
The temperature in any occupied space in the facility shall
				  be maintained between 68 and 80 degrees Fahrenheit during business
				  hours.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:02 - Physical environment › Section 44:76:02:23 - Other hazardous conditions

Current through Register Vol. 51, page 10, July 15, 2024
A facility may be directed to remove or correct other
				  hazardous conditions not covered in this chapter if the department considers
				  the conditions to have a potential to cause injury or illness to the patients
				  or staff.
General Authority:
SDCL
					 34-12-13(1).
Law Implemented:
SDCL
					 34-12-13(1).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:03 - Fire protection › Section 44:76:03:01 - Fire safety code requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall meet applicable fire safety standards in
NFPA 101 Life Safety Code,
2000 edition.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
NFPA 101 Life Safety Code,
2000 edition,
					 National Fire Protection Association. Copies may be obtained from the National
					 Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101.
					 Phone: 1-800-344 -3555. Cost: $93.00.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:03 - Fire protection › Section 44:76:03:02 - General fire safety

Current through Register Vol. 51, page 10, July 15, 2024
Each facility covered under this article shall be
				  constructed, arranged, equipped, maintained, and operated to avoid undue danger
				  to the lives and safety of its occupants from fire, smoke, fumes, or resulting
				  panic during the period of time reasonably necessary for escape from the
				  structure in case of fire or other emergency. The fire alarm system shall be
				  sounded each month. A minimum of two staff members shall be on duty at all
				  times. In a multilevel facility, at least one staff member shall be on duty on
				  each floor containing occupied beds. Compliance with this section does not
				  eliminate or reduce the necessity for other provisions for safety of persons
				  using the structure under normal occupancy conditions.
General Authority:
SDCL
					 34-12-13(3).
Law Implemented:
SDCL
					 34-12-13(3).
Fire safety code requirements, §
											44:76:03:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:01 - Administrative management

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall comply with §§
									44:76:04:02 to
				  44:76:04:12,
				  inclusive.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:76 - Ambulatory surgery center facilities › Chapter 44:76:04 - Management and administration › Section 44:76:04:02 - Governing body

Current through Register Vol. 51, page 10, July 15, 2024
Each facility operated by limited liability partnership, a
				  corporation, or political subdivision shall have an organized governing body
				  legally responsible for the overall conduct of the facility. If the facility is
				  operated by an individual or partnership, the individual or partnership shall
				  carry out the functions in this chapter pertaining to the governing body. The
				  governing body shall establish and maintain administration policies,
				  procedures, or bylaws governing the operation of the facility. The governing
				  body of a facility shall determine which categories of practitioners are
				  eligible candidates for appointment to the medical staff and shall credential
				  and grant admitting or patient care privileges to appointees to the medical
				  staff. The governing body may appoint members to the medical staff only after
				  considering the recommendations of the existing members of the medical staff.
				  In addition, the governing body shall do the following:
(1) Appoint the medical staff and grant
				privileges in accordance with the bylaws of the medical staff and governing
				body;
(2) Maintain personnel
				records on each employee, including job application, professional licensing
				information, and health information;
(3) Establish procedures for transfer to a
				hospital of patients requiring immediate medical care beyond the capacity of
				the ambulatory surgery center;
(4)
				Assure that all patients admitted to the ambulatory surgery center are under
				the care of a physician who is a member of the medical staff;
(5) Assure the provision of equipment is in
				good repair within the ambulatory surgery center to provide efficient services
				and protection to the patients and staff;
(6) Provide for the patient all essential
				medical information, including diagnosis, if a patient is transferred to
				another health care facility; and
(7) Provide a written plan for the evacuation
				of patients, visitors, and personnel in the event of fire or other disaster
				within the ambulatory surgery center and an alarm system to notify personnel.
				Personnel shall be acquainted with the evacuation plan.
General Authority:
SDCL
					 34-12-13(5).
Law Implemented:
SDCL
					 34-12-13(5).
Medical staff, §
											44:76:04:03.