South Dakota Administrative Code

Rule 44:65:02:02 Reporting by hospitals and institutions. 44:65:02:02. Reporting by hospitals and institutions. The director, principal manager, or chief executive officer of a hospital or institution who has knowledge that a person attended or served by the hospital or instituti…

Rule 44:65:02:03 Surveillance case categories. 44:65:02:03. Surveillance case categories. Any diagnosed case of FAS shall be reported using one of the following surveillance case categories: (1) FAS with confirmed maternal alcohol exposure. This category includes any case that ha…

Rule 44:65:02:04 Contents of reports. 44:65:02:04. Contents of reports. The department shall develop systems and forms for reporting FAS. Any report made pursuant to this article must include the following or as much of the following as is known by the person making the report: (…

Rule 44:65:02:05 Methods of reporting. 44:65:02:05. Methods of reporting. Any diagnosed case of FAS or suspected case of FAS must be reported by telephone, mail, courier or in person, or by facsimile, as follows: (1) By telephone, a person shall dial 1-800-592-1804 and respond to…

Rule 44:65:02:06 Timeliness. 44:65:02:06. Timeliness. Any report of diagnosed FAS or suspected FAS to the department shall be made within seven days of diagnosis or referral to a health care provider for diagnosis. Source: 29 SDR 21, effective August 27, 2002. General Authority:S…

44:66:01:01. Definitions. Repealed. Source: 32 SDR 69, effective November 7, 2005; 34 SDR 88, effective September 10, 2007; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

44:66:02:01. Entities required to report. Repealed. Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

44:66:02:02. Organization and structure. The South Dakota Association of Healthcare Organizations is responsible for the collection, analysis, and dissemination of data and information related to reporting required in § 44:66:02:03. Source: 32 SDR 69, effective November 7, 2005; …

44:66:02:03. Required patient data to be reported. Each hospital required to report charge information pursuant to SDCL 34-12E-11 shall provide the following information from the UB-04 form: (1) Record type; (2) Hospital number; (3) Patient control number; (4) Date of birth; (5) …

44:66:02:03.01. Required financial data to be reported. Each hospital required to report pursuant to SDCL 34-12E-11 shall annually provide financial information including revenue by type, uncompensated care, and revenue by payor on a form provided by the South Dakota Association …

44:66:02:04. Timelines for reporting. Each hospital required to report charge information pursuant to SDCL 34-12-11 shall report the patient information described in § 44:66:02:03 to the South Dakota Association of Healthcare Organizations as follows: (1) January first to June th…

44:66:03:01. Annual publication of data. Repealed. Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

44:66:03:02. Data to be published. Repealed. Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009; 52 SDR 41, effective October 27, 2025.

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…