South Dakota Administrative Code

Rule 44:67:01:01 Definitions. 44:67:01:01. Definitions. Terms defined in SDCL 34-23A-1 have the same meaning in this article. Source: 33 SDR 107, effective December 26, 2006. General Authority: SDCL 34-23A-51. Law Implemented: SDCL 34-23A-51.

Rule 44:67:01:02 Application of license. 44:67:01:02. Application for license. Any applicant desiring a license or a license renewal shall file with the department an application verified under oath and in a form prescribed by the department. The application shall contain the fol…

Rule 44:67:01:03 Expiration of licenses -- Annual renewal. 44:67:01:03. Expiration of licenses -- Annual renewal. Any license issued under SDCL chapter 34-23A expires on the next succeeding June thirtieth, unless otherwise provided by this chapter, and shall be renewed annually s…

Rule 44:67:01:04 Departmental inspections. 44:67:01:04. Departmental inspections. The department shall, at least annually, make one inspection of each abortion facility licensed under SDCL chapter 34-23A and this chapter to ascertain that the abortion facility is in compliance wi…

Rule 44:67:01:05 Grounds for suspension or revocation of license. 44:67:01:05. Grounds for suspension or revocation of license. The department may suspend or revoke a license issued under SDCL chapter 34-23A and this chapter on any of the following grounds: (1) Violation of any o…

Rule 44:67:01:06 Procedure for suspension or revocation of license. 44:67:01:06. Procedure for suspension or revocation of license. No license shall be suspended or revoked except in compliance with SDCL chapter 1-26. Source: 33 SDR 107, effective December 26, 2006. General Autho…

Rule 44:67:01:07 New license issued after suspension or revocation. 44:67:01:07. New license issued after suspension or revocation. If a license is suspended or revoked as provided in this chapter, a new application for license may be considered by the department if the condition…

Rule 44:67:01:08 Posting of license. 44:67:01:08. Posting of license. The most current license issued by the department must be posted on the premises of the abortion facility in a place conspicuous to the public. Each abortion facility address shall show a current license. The l…

Rule 44:67:01:09 Annual license fee. 44:67:01:09. Annual license fee. The annual license fee for an abortion facility is $500. Source: 33 SDR 107, effective December 26, 2006; 35 SDR 305, effective July 1, 2009. General Authority: SDCL 34-23A-48. Law Implemented: SDCL 34-23A-48.

Rule 44:67:01:10 Appeal from department. 44:67:01:10. Appeal from department. Any person aggrieved by any decision or ruling of the department may appeal under the provisions of SDCL chapter 1-26. Source: 33 SDR 107, effective December 26, 2006. General Authority: SDCL 34-23A-51.…

Rule 44:67:02:01 Physical environment. 44:67:02:01. Physical environment. Each abortion facility shall comply with all applicable physical environment standards in chapter 44:04:02. No system of water supply, plumbing, sewage, and garbage or refuse disposal for abortion facilitie…

Rule 44:67:02:02 Fire standards and general fire safety. 44:67:02:02. Fire standards and general fire safety. Each abortion facility shall meet applicable fire safety standards in NFPA 101 Life Safety Code, 2000 edition. Each abortion facility shall be constructed, arranged, equi…

Rule 44:67:03:01 Governing body. 44:67:03:01. Governing body. Each abortion facility operated by limited liability partnership, a corporation, or political subdivision must have an organized governing body legally responsible for the overall conduct of the facility. If the aborti…

Rule 44:67:03:02 Administrator. 44:67:03:02. Administrator. The governing body shall designate a qualified administrator to represent the owner or governing body and to be responsible for the daily overall management of the abortion facility. The administrator shall designate a q…

Rule 44:67:03:03 Medical director. 44:67:03:03. Medical director. Each abortion facility shall appoint a physician licensed in South Dakota to serve as a medical director. The medical director shall assure physician services are provided only by qualified caregivers. Source: 33 S…

Rule 44:67:03:04 Facility staff. 44:67:03:04. Facility staff. An abortion facility shall have a medical staff responsible for the quality of all medical care provided patients and for the ethical and professional practices of its members. The medical staff shall include physician…

Rule 44:67:03:05 Personnel. 44:67:03:05. Personnel. The abortion facility shall have a sufficient number of qualified personnel to provide effective and safe care. Supervisors shall be 18 years of age or older. Written job descriptions and personnel policies and procedures shall …

Rule 44:67:04:01 Nursing services. 44:67:04:01. Nursing services. Each abortion facility shall have an organized nursing service under the direction of a registered nurse. At least one registered nurse shall be on duty in the abortion facility at all times when an abortion proced…

Rule 44:67:04:02 Employee health program. 44:67:04:02. Employee health program. The abortion facility shall have an employee health program for the protection of the patients. All personnel shall be evaluated by a licensed health professional for freedom from reportable communica…

Rule 44:67:04:03 Tuberculin screening requirements. 44:67:04:03. Tuberculin screening requirements. Each abortion facility shall comply with the provisions of § 44:04:04:08.01. Source: 33 SDR 107, effective December 26, 2006. General Authority: SDCL 34-23A-51. Law Implemented: SD…

Rule 44:67:04:04 Personnel training. 44:67:04:04. Personnel training. The abortion facility shall have a formal orientation program and an ongoing education program for all personnel. Ongoing education programs shall cover the required subjects annually. These programs shall incl…

Rule 44:67:04:05 Clinic policies and procedures. 44:67:04:05. Clinic policies and procedures. Each abortion facility shall establish and maintain policies, procedures, and practices to govern care, and related medical or other services necessary to meet the patient's needs. The n…

Rule 44:67:04:06 Discharge planning. 44:67:04:06. Discharge planning. Each abortion facility shall have policies and procedures for discharge planning including the person responsible, members of the discharge planning team, a list of area agencies and resources, and a descriptio…

Rule 44:67:04:07 Emergency care. 44:67:04:07. Emergency care. Each abortion facility shall establish and implement policies and procedures for emergency care and arrange for transport to a licensed hospital sufficiently close to provide prompt care to the facility's patients if n…

Rule 44:67:04:08 Medical records. 44:67:04:08. Medical records. A medical record shall be maintained for each abortion procedure in an abortion facility in conformance with chapter 44:04:09. Source: 33 SDR 107, effective December 26, 2006. General Authority: SDCL 34-23A-51. Law I…

Rule 44:67:04:09 Pharmaceutical services. 44:67:04:09. Pharmaceutical services. The requirements for pharmaceutical services in abortion facilities centers are as follows: (1) A physician or a pharmacist shall be responsible for the supervision of drug stocks in the facility; (2)…

Rule 44:67:04:10 Quality assessment. 44:67:04:10. Quality assessment. Each abortion facility shall provide for on-going evaluation of the quality of services provided to patients. Components of the quality assessment evaluation shall include establishment of facility standards; i…

Rule 44:67:04:11 Laboratory services. 44:67:04:11. Laboratory services. Clinical laboratory tests consistent with the needs of the patients shall be provided or performed by arrangement. The laboratory shall hold a valid Clinical Laboratory Improvement Amendment (CLIA) certificat…

Rule 44:67:04:12 Required informed consent form. 44:67:04:12. Required informed consent form. To meet the requirements of SDCL subdivision 34-23A-10.1(1), the physician shall use the informed consent form provided in Appendix A. Source: 46 SDR 65, effective November 26, 2019. Gen…

44:67:04:13. Mifepristone and Misoprostol administration for medical abortion. For the purpose of inducing a medical abortion, a pregnant woman may only take the medications Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and Misoprostol must be prescr…

Rule 44:67:05:01 Submittal of plans. 44:67:05:01. Submittal of plans. No construction may begin until plans and specifications covering the construction of new buildings and additions or material alterations to existing buildings are approved by the department. A written narrativ…

Rule 44:67:05:02 Procedure rooms and services. 44:67:05:02. Procedure rooms and services. Each abortion facility shall be designed and equipped for the types of abortion procedures to be performed. Procedure rooms shall meet the following requirements: (1) A minimum area of 115 s…

Rule 44:67:05:03 Recovery rooms and services. 44:67:05:03. Recovery rooms and services. Each abortion facility shall be designed and equipped for the types of abortion procedures to be performed. Recovery rooms shall meet the following requirements: (1) A minimum area of 45 squar…

Rule 44:68:01:01 Definitions. 44:68:01:01. Definitions. Terms defined in SDCL 34-12-52 have the same meaning in this article. In addition, terms used in this section mean: (1) "Advanced life support (ALS)," a level of prehospital and interhospital emergency care consisting of bas…

Rule 44:68:02:01 Levels of designation. 44:68:02:01. Levels of designation. The six levels of trauma hospital designation are: (1) Level I -- tertiary trauma hospital; (2) Level II -- regional trauma hospital; (3) Level III -- area trauma hospital; (4) Level IV -- community traum…

Rule 44:68:02:02 Level I, Level II, or Level III trauma hospital designation. 44:68:02:02. Level I, Level II, or Level III trauma hospital designation. Any hospital applying for Level I, Level II, or Level III trauma hospital designation shall present evidence of current trauma h…

Rule 44:68:02:03 Level IV and Level V trauma hospital designation application. 44:68:02:03. Level IV and Level V trauma hospital designation application. Any hospital applying for Level IV or Level V trauma hospital designation shall submit an application to the department on a f…

Rule 44:68:02:04 Level VI hospital designation application. 44:68:02:04. Level VI hospital designation application. Level VI is limited to hospitals licensed pursuant to § 44:04:01:02. Any hospital seeking designation as a Level VI hospital shall submit an application to the depa…

Rule 44:68:02:05 Failure to maintain designation as a trauma hospital 44:68:02:05. Failure to maintain designation as a trauma hospital. A hospital that fails to maintain the criteria established pursuant to SDCL 34-12-52 to 34-12-55, inclusive, and this article shall submit a pl…

Rule 44:68:02:06 Recognition of out-of-state trauma hospitals. 44:68:02:06. Recognition of out-of-state trauma hospitals. The department may recognize any out-of-state hospital that has been designated as a trauma hospital pursuant to the applicable laws and regulations of the ho…

Rule 44:68:02:07 Designation criteria for Level IV community trauma hospitals. 44:68:02:07. Designation criteria for Level IV community trauma hospitals. A Level IV community trauma hospital shall meet the following criteria: (1) The hospital organization shall have: (a) A trauma…

Rule 44:68:02:08 Designation criteria for Level V trauma receiving hospitals. 44:68:02:08. Designation criteria for Level V trauma receiving hospitals. A Level V trauma receiving hospital shall meet the following criteria: (1) The hospital organization shall have: (a) A trauma pr…

Rule 44:68:03:01 Local emergency medical services transport plan. 44:68:03:01. Local emergency medical services transport plan. Each emergency medical service shall develop and implement a local emergency medical service transport plan for the transport of trauma team alert patie…

Rule 44:68:03:02 Content of transport plan. 44:68:03:02. Content of transport plan. The LEMSTP shall include: (1) The name of the ambulance service; (2) The city where the ambulance service is located; (3) Name of person completing the transport plan; (4) The date the transport p…

Rule 44:68:03:03 Triage. 44:68:03:03. Triage. Each emergency medical service shall adopt triage guidelines that include processes for identifying patients based on severity of injury and for prioritizing patients for treatment and transport. These guidelines shall be used for any…

Rule 44:68:03:04 Treatment protocols. 44:68:03:04. Treatment protocols. Each emergency medical service shall adopt trauma patient treatment protocols that have been reviewed and approved by the service medical director. These protocols shall meet the most recent edition of the So…

Rule 44:68:04:01 Reporting. 44:68:04:01. Reporting. The department shall establish a trauma registry. Level I, II, III, IV, and V trauma hospitals shall report to the department regarding any patient that meets the local hospital criteria for trauma team activation, or any patien…

Rule 44:68:04:02 Confidentiality of trauma data. 44:68:04:02. Confidentiality of trauma registry data. Any report required to be submitted to the statewide trauma registry is strictly confidential medical information. No report may be released, shared with any agency or instituti…

Rule 44:69:01:01 Definitions. Definitions. 44:69:01:01. Definitions. 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 follow…

Rule 44:69:01:02 Name of birth center. 44:69:01:02. Name of birth center. Each birth center shall be designated by a pertinent and distinctive name that shall be used in applying for a license. The name may not be changed without first notifying the department in writing. No birt…