South Dakota Administrative Code

44:70:01:01. Definitions. Terms used in this article mean: (1) "Abuse," shown by a criminal conviction for, or substantial evidence of: (a) Emotional or psychological abuse as defined in SDCL 22-46-1(4); (b) Exploitation as defined in SDCL 22-46-1(5); or (c) Physical abuse as def…

Rule 44:70:01:02 Licensure of assisted living centers. 44:70:01:02. Licensure of assisted living centers. The assisted living center license shall include each facility address at which services licensed pursuant to this chapter are provided. The most current license issued by th…

44:70:01:03. Name of facility. Each facility shall designate a pertinent and distinctive name that is used in applying for a license. The facility name may not imply services rendered in excess of the facility's licensure classification. The governing body of the facility or desi…

Rule 44:70:01:04 Bed capacity. 44:70:01:04. Bed capacity. The department shall establish the bed capacity of each facility pursuant to the physical plant and space provisions of this article. The resident census may not exceed the bed capacity for which the facility is licensed. …

44:70:01:05. Acceptance and retention of residents. A facility may only accept and retain residents based on the facility's capabilities to meet the needs of the residents. The facility may accept or retain residents in accordance with the services provided by the facility, deter…

Rule 44:70:01:06 Joint occupancy 44:70:01:06. 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 residents.…

44:70:01:07. Reports to the department. Each facility shall report the following events to the department through the department's online reporting system within twenty-four hours of the discovery of the event: (1) An attempted suicide; (2) Any cause to suspect abuse or neglect o…

44:70:01:07.01. Reports to the Department of Human Services, law enforcement or state's attorney. A facility shall report an event involving any reasonable cause to suspect abuse or neglect of any resident by any person within twenty-four hours of the discovery of the event, oral…

Rule 44:70:01:08 Plans of correction. 44:70:01:08. Plans of correction. Within ten days of the receipt of the statement of deficiencies, each licensed facility shall submit to the department a written plan of correction for any citation of noncompliance with licensure requirement…

Rule 44:70:01:09 Modifications. 44:70:01:09. Modifications. Modifications to standards provided in this article may be approved by the department for an assisted living center with a licensed bed capacity of 16 or less if the health and safety of the residents are not jeopardized…

44:70:01:10. Scope of article. Nothing in article 44:70 limits or expands the rights of any healthcare personnel to provide services within the scope of the personnel's license, certification, or registration, as provided by law. Source: 38 SDR 115, effective January 9, 2012; 50 …

Rule 44:70:02:01 Sanitation. 44:70:02:01. Sanitation. The facility shall be designed, constructed, maintained, and operated to minimize the sources and transmission of infectious diseases to residents, personnel, visitors, and the community at large. This requirement shall be acc…

Rule 44:70:02:02 Pets. 44:70:02:02. Pets. No pet kept in or visiting a facility may negatively affect the well-being of any resident. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019. General Authority: SDCL 34-12-13(1). Law Implemented: SDCL …

Rule 44:70:02:03 Cleaning methods and facilities. 44:70:02:03. Cleaning methods and facilities. The facility shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, or disinfecting all work areas, equipment, utensils, and medical devi…

Rule 44:70:02:04 Chemicals used to sanitize, disinfect, or sterilize. 44:70:02:04. Chemicals used to sanitize, disinfect, or sterilize. The label of chemicals used to sanitize, disinfect, or sterilize shall indicate registration with the Environmental Protection Agency as effecti…

Rule 44:70:02:05 Housekeeping cleaning methods and equipment. 44:70:02:05. Housekeeping cleaning methods and equipment. The facility shall establish written housekeeping procedures for the cleaning of all areas in the facility and copies made available to all housekeeping personn…

44:70:02:06. Food service. Food service must be provided by a facility licensed in accordance with SDCL chapter 34-12 or food service establishment licensed in accordance with SDCL chapter 34-18 that is inspected by a local, state, or federal agency. The facility shall meet the s…

44:70:02:07. Handwashing facilities. 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 cleans…

44:70:02:08. Linen. The supply of bed linens must equal two times the licensed capacity of the facility. The facility shall develop and implement written procedures for the storage and handling of soiled and clean linens. The facility must contract with commercial laundry service…

44:70:02:09. Infection prevention and control. The infection prevention and control program must utilize the concept of standard precautions as the basis for infection prevention and control. Bloodborne pathogen control must be maintained according to the requirements contained i…

Rule 44:70:02:10 Plumbing. 44:70:02:10. Plumbing. The facility's plumbing system shall be designed and installed in accordance with the provisions of SDCL 36-25-15 and 36-25-15.1. Plumbing shall be sized, installed, and maintained to carry required quantities of water to required…

44:70:02:11. Water supply. The facility's water supply must be obtained from a public water system or, in its absence, from a supply approved by the Department of Agriculture and Natural Resources. Each private water supply must have a water sample bacteriologically tested at lea…

44:70:02:11.01. Water supply -- Control of Legionella. Each water supply system in a facility, must maintain one part per million free residual chlorine at remote point-of-use fixtures in the facility or the facility may use another bacteriological control method that has been de…

Rule 44:70:02:12 Ventilation. 44:70:02:12. Ventilation. 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-ha…

Rule 44:70:02:13 Lighting. 44:70:02:13. Lighting. Any space occupied by people, machinery, and equipment within buildings and their approaches and parking lots shall have artificial lighting at a level for general safety. Each resident bedroom shall have general lighting and nigh…

Rule 44:70:02:14 Refuse and waste disposal. 44:70:02:14. Refuse and waste disposal. 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 sh…

Rule 44:70:02:15 Insect and rodent control. 44:70:02:15. Insect and rodent control. 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…

Rule 44:70:02:16 Sewage disposal. 44:70:02:16. Sewage disposal. 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. Source: 38 SDR 115, effective January 9,…

44:70:02:17. Occupant protection. Each facility must be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to any occupant. The extent and complexity of occupant protection precautions are determined by the services offered and the physical needs …

Rule 44:70:02:18 Area requirements for currently licensed resident rooms. 44:70:02:18. Area requirements for currently licensed resident rooms. Each currently licensed resident room shall have at least 75 square feet (6.98 square meters) of floor space per bed, with at least thre…

Rule 44:70:02:19 Physical plant changes. 44:70:02:19. Physical plant changes. 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. Source…

44:70:02:20. Location. The location of a facility must promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. A facility must be served by passable roads and accessible by personnel, visitors, and firefighting services. Source: 3…

Rule 44:70:02:21 Heating and cooling. 44:70:02:21. Heating and cooling. The temperature in any occupied space in the facility shall be maintained between 68 and 80 degrees Fahrenheit during waking hours and not lower than 64 degrees Fahrenheit during sleeping hours. Each resident…

44:70:03:01. Fire safety code requirements. Each facility must meet applicable fire safety standards in NFPA 101 Life Safety Code, 2012 edition in chapter 32 or 33. An automatic sprinkler system is not required in an existing facility unless significant renovations or remodeling …

44:70:03:02. General fire safety. Each facility must be constructed, arranged, equipped, maintained, and operated to avoid undue danger to the lives and safety of occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape from …

44:70:03:02.01. Staffing exceptions. The following are staffing exceptions for facilities as referenced in § 44:70:03:02: (1) For each facility with ten beds or fewer, at least one healthcare personnel must be on duty. The person may sleep at night if: (a) The facility fire alarm…

Rule 44:70:03:03 Fire extinguisher equipment. 44:70:03:03. Fire extinguisher equipment. Fire extinguisher equipment shall be installed and maintained to the following standards: (1) Portable fire extinguishers must have a minimum rating of 2-A:10-B:C; (2) Fire extinguisher equipm…

Rule 44:70:03:04 Fire alarm systems. 44:70:03:04. Fire alarm systems. A manually operated, electrically supervised fire alarm system must be installed in each facility. Source: 38 SDR 115, effective January 9, 2012; transferred from 44:70:10:36, 46 SDR 65, effective November 26, …

Rule 44:70:04:01 Governing body. 44:70:04:01. Governing body. Each facility operated by a limited liability partnership, a corporation, or a political subdivision shall have an organized governing body legally responsible for the overall conduct of the facility. If the facility i…

44:70:04:02. 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 facility. The administrator shall designate a qualified person to represent the administ…

44:70:04:03. Personnel. The facility shall have a sufficient number of qualified personnel to provide effective and safe care. Personnel on duty must be awake at all times, except as provided in § 44:70:03:02.01. Any supervisor must be eighteen years of age or older. The facility…

44:70:04:04. Personnel training. The facility shall have a formal orientation program and an ongoing education program for all healthcare personnel. Ongoing education programs must cover the required subjects annually. These programs must be completed within thirty days of hire f…

44:70:04:05. Personnel health program. The facility shall have a personnel health program for the protection of the residents. All personnel must be evaluated by a licensed health professional for a reportable communicable disease that poses a threat to others before assignment t…

Rule 44:70:04:06 Admissions or retention of residents. 44:70:04:06. Admissions or retention of residents. The governing body of the facility shall establish and maintain admission, transfer, and discharge policies, with written evidence to assure the residents admitted to and ret…

Rule 44:70:04:07 Prevention and control of influenza. 44:70:04:07. Prevention and control of influenza. Each facility shall arrange for an influenza vaccination to be completed annually for each resident. Each resident shall be offered influenza vaccine when the resident is admit…

Rule 44:70:04:08 Prevention and control of pneumonia. 44:70:04:08. Prevention and control of pneumonia. Each facility shall arrange for an immunization for pneumococcal disease. If immunization is lacking and the resident's physician, physician assistant, or nurse practitioner re…

Rule 44:70:04:09 Disease prevention. 44:70:04:09. Disease prevention. Each facility shall provide an organized infection control program for preventing, investigating, and controlling infection. The facility shall establish written policies regarding visitation in the various ser…

44:70:04:10. Tuberculin screening and testing requirements. Each facility shall develop criteria to screen healthcare personnel and residents for Mycobacterium tuberculosis (TB) based on the Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendat…

44:70:04:10.01. TB education for healthcare personnel. All healthcare personnel shall receive TB education annually. TB education shall include information on TB risk factors, the signs and symptoms of TB disease, and TB infection control policies and procedures of the facility. …

Rule 44:70:04:11 Care policies. 44:70:04:11. Care policies. Each facility shall establish and maintain policies, procedures, and practices that follow accepted standards of professional practice to govern care, and related medical or other services necessary to meet the residents…