South Dakota Administrative Code

Rule 44:69:01:03 Bed capacity. 44:69:01:03. Bed capacity. The department shall establish the bed capacity of each birth center pursuant to the physical plant and space provisions of this article. Where indicated, additional regulations specific to birth centers with three or more…

Rule 44:69:01:04 Restrictions on acceptance of clients. 44:69:01:04. Restrictions on acceptance of clients. A birth center shall accept clients in accordance with the following restrictions: (1) A client admitted to a birth center shall be housed within the birth center covered b…

Rule 44:69:01:05 Joint occupancy. 44:69:01:05. Joint occupancy. The use of a portion of a building for purposes other than that covered by the license may be approved by the department only if it can be shown that joint occupancy is not detrimental to the welfare of the clients. …

Rule 44:69:01:06 Reports. 44:69:01:06. Reports. Each licensed birth center shall submit to the department the pertinent data necessary to comply with the requirements of SDCL chapter 34-12 and this article. Each birth center shall report to the department within 48 hours of the e…

Rule 44:69:01:07 Plans of correction. 44:69:01:07. Plans of correction. Within 15 days of the receipt of the statement of deficiencies, each birth center shall submit to the department a written plan of correction for citations of noncompliance with licensure requirements. The pl…

Rule 44:69:01:08 Modifications. 44:69:01:08. Modifications. Modifications to the staffing requirements provided in § 44:69:03:02 may be approved by the department for licensed birth centers which are physically combined and jointly operated. The health and safety of the client in…

Rule 44:69:01:09 Scope of article. 44:69:01:09. Scope of article. Nothing in article 44:69 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. So…

Rule 44:69:02:01 Sanitation. 44:69:02:01. Sanitation. The birth center 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. Source: 38 SDR 115, effecti…

Rule 44:69:02:02 Pets. 44:69:02:02. Pets. Any pet kept in a birth center may not negatively affect the well-being of clients. Source: 38 SDR 115, effective January 9, 2012. General Authority: SDCL 34-12-62(1). Law Implemented: SDCL 34-12-62(1). Cross-Reference: Physically disable…

Rule 44:69:02:03 Cleaning methods and facilities. 44:69:02:03. Cleaning methods and facilities. The birth center shall have equipment, work areas, and complete written procedures for cleaning, sanitizing, disinfecting, or sterilizing all work areas, equipment, utensils, dressings…

Rule 44:69:02:04 Sterilization. 44:69:02:04. Sterilization. Instruments, supplies, utensils and equipment which are not single service shall be decontaminated before sterilization in a manner that makes them safe for handling by personnel. Supplies and equipment commercially prep…

Rule 44:69:02:05 Food service. 44:69:02:05. Food service. If an in-house food service is provided, the birth center 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, in the Food Service Code…

Rule 44:69:02:06 Linen. 44:69:02:06. Linen. The supply of bed linen and towels shall equal two times the licensed capacity. Each birth center shall contract with commercial laundry services or the laundry service of another licensed health care facility for all common use linens …

Rule 44:69:02:07 Infection control. 44:69:02:07. Infection control. The infection control program shall utilize the concept of standard precautions as the basis for infection control pursuant to chapter 44:20:04. The birth center shall have written procedures that govern the use …

Rule 44:69:02:08 Occupant protection. 44:69:02:08. Occupant protection. Each birth center shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to any occupant. The extent and complexity of occupant protection precautions is determined by th…

Rule 44:69:02:09 Physical plant changes. 44:06:02:09. Physical plant changes. A birth center 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. So…

Rule 44:69:02:10 Location. 44:69:02:10. Location. The location of a birth center shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. A birth center shall be served by good, passable roads. Easy accessibility for employee…

Rule 44:69:02:11 Other hazardous conditions. 44:69:02:11. Other hazardous conditions. A birth center may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have the potential to cause injury or ill…

Rule 44:69:03:01 Fire standards and general fire safety. 44:69:03:01. Fire standards and general fire safety. Each birth center shall meet applicable fire safety standards in NFPA 101 Life Safety Code, 2009 edition. Source: 38 SDR 115, effective January 9, 2012. General Authority…

Rule 44:69:03:02 General fire safety. 44:69:03:02. General fire safety. Each birth center 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 perio…

Rule 44:69:04:01 Governing body. 44:69:04:01. Governing body. Each birth center operated by limited liability partnership, a corporation, or political subdivision shall have an organized governing body legally responsible for the overall conduct of the birth center. If the birth …

Rule 44:69:04:02 Administrator. 44:69:04:02. 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 birth center. The governing body shall notify the depart…

Rule 44:69:04:03 Personnel. 44:69:04:03. Personnel. The birth center shall have a sufficient number of qualified personnel to provide effective and safe care. Staff members on duty shall be awake at all times. Any supervisor shall be 18 years of age or older. Written job descript…

Rule 44:69:04:04 Personnel training. 44:69:04:04. Personnel training. A birth center with three or more beds shall have a formal orientation program and an ongoing education program for all personnel. Ongoing education programs shall cover the required subjects annually. These pr…

Rule 44:69:04:05 Personnel policies and procedures. 44:69:04:05. Personnel policies and procedures. A birth center with three or more beds shall have written policies and procedures that include the following: (1) Operational practices that define the services of the birth center…

Rule 44:69:04:06 Employee health program. 44:69:04:06. Employee health program. The birth center shall have an employee health program for the protection of the clients. All personnel shall be evaluated by an appropriate licensed health professional for freedom from reportable co…

Rule 44:69:04:07 Admissions to birth center. 44:69:04:07. Admissions to birth center. The governing body or owner of the birth center shall establish and maintain admission, transfer, and discharge policies, with written evidence to assure the clients admitted to and retained in …

Rule 44:69:04:08 Discharge planning. 44:69:04:08. Discharge planning. Each birth center shall have policies and procedures for discharge planning. Source: 38 SDR 115, effective January 9, 2012. General Authority: SDCL 34-12-62(10). Law Implemented: SDCL 34-12-62(10).

Rule 44:69:04:09 Quality assessment. 44:69:04:09. Quality assessment. Each birth center shall provide for on-going evaluation of the quality of services provided to clients. Source: 38 SDR 115, effective January 9, 2012. General Authority: SDCL 34-12-62(9). Law Implemented: SDCL …

Rule 44:69:05:01 Practitioner services. 44:69:05:01. Practitioner services. Each birth center shall have an organized practitioner service. At least one physician, certified nurse midwife, or registered nurse shall be on duty in the birth center at all times if a client is in act…

Rule 44:69:05:02 Emergency care. 44:69:05:02. Emergency care. Each birth center shall establish and implement policies and procedures for emergency care and arrange for transport to a licensed hospital sufficiently close to provide prompt care to the birth center's clients if nee…

Rule 44:69:05:03 Emergency equipment and procedures to provide emergency care. 44:69:05:03. Emergency equipment and procedures to provide emergency care. Each birth center shall have in effect a transfer protocol with one or more hospitals sufficiently close to provide prompt inp…

Rule 44:69:05:04 Clinical policies and procedures. 44:69:05:04. Clinical policies and procedures. Each birth center shall establish and maintain policies and procedures, and practices to govern care, and related medical or other services necessary to meet the client's needs. The …

Rule 44:69:05:05 Client plans and programs. 44:69:05:05. Client plans and programs. The practitioner service of a birth center shall provide safe and effective care from the day of admission through the ongoing development and implementation of written plans for each client and n…

Rule 44:69:05:06 Medical records. 44:69:05:06. Medical records. The birth center shall maintain a separate medical record for each client and newborn in accordance with acceptable professional standards for the purpose of continuity and evaluation of care, and preservation as a l…

Rule 44:69:06:01 Medical orders in birth centers. 44:69:06:01. Medical orders in birth centers. For each birth center with three or more beds, all medical orders shall be in writing and signed by a physician or certified nurse midwife. Telephone orders may be taken only when ther…

Rule 44:69:07:01 Pharmaceutical services. 44:69:07:01. Pharmaceutical services. The requirements for pharmaceutical services in birth centers include the following: (1) There shall be written orders signed by a practitioner legally authorized to prescribe for all drugs administer…

Rule 44:69:07:02 Written orders for medication required. 44:69:07:02. Written orders for medication required. All medications or drugs administered to clients shall be ordered in writing and signed by the prescribing practitioner. Telephone orders for medications or drugs may be …

Rule 44:69:07:03 Storage and labeling of medications and drugs. 44:69:07:03. Storage and labeling of medications and drugs. All drugs or medications shall be stored in a well illuminated, locked storage area that is well ventilated, maintained at a temperature appropriate for dru…

Rule 44:69:07:04 Control and accountability of medications and drugs. 44:69:07:04. Control and accountability of medications and drugs. Medications brought from home may be used if ordered by the attending practitioner and, if prior to administration, is identified as the prescri…

Rule 44:69:07:05 Documentation of drug disposal. 44:69:07:05. Documentation of drug disposal. If a birth center has a licensed pharmacy, outdated or discontinued medications shall be returned to the pharmacy for disposition. In the absence of a licensed pharmacy, the method of di…

Rule 44:69:08:01 Application of chapter. 44:69:08:01. Application of chapter. This chapter applies to all birth centers and to renovations, additions, and changes in space use of currently approved existing birth centers. Accessible and usable accommodations shall be available to…

Rule 44:69:08:02 Submittal of plans. 44:69:08:02. 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 44:69:08:03 Birth rooms for birth centers with two or fewer beds. 44:69:08:03. Birth rooms for birth centers with two or fewer beds. Each birth room in a birth center with two or fewer beds shall meet the following requirements: (1) Each birth room shall be a minimum of 120 …

Rule 44:69:08:04 Birth rooms for birth centers with three or more beds. 44:69:08:04. Birth rooms for birth centers with three or more beds. Each birth room in a birth center with three or more beds shall meet the following requirements: (1) Each birth room shall be a minimum of 2…

Rule 44:69:08:05 Services area in care area for birth centers with three or more beds. 44:69:08:05. Services area in care area for birth centers with three or more beds. Each birth center with three or more beds shall contain a service area that includes the following: (1) Office…

Rule 44:69:08:06 Water supply. 44:69:08:06. Water supply. The birth center's water supply shall be obtained from a public water system or, in its absence, from a supply approved by the Department of Agriculture and Natural Resources. Any private water supply shall have a water sa…

Rule 44:69:08:07 Plumbing. 44:69:08:07. Plumbing. A birth center's plumbing system shall be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1. Plumbing shall be sized, installed, and maintained to carry required quantities of water to required locations throu…

Rule 44:69:08:08 Ventilation. 44:69:08:08. Ventilation. Electrically powered exhaust ventilation shall be provided in all soiled areas, wet areas, and toilet rooms. Clean storage rooms may also be ventilated by supplying and returning air from the building's air-handling system. …

Rule 44:69:08:09 Heating and cooling. 44:69:08:09. Heating and cooling. The temperature in any occupied space in the birth center shall be maintained between 68 and 80 degrees Fahrenheit during waking hours and not lower than 64 degrees Fahrenheit during sleeping hours. A client'…