South Dakota Administrative Code

44:70:04:12. Memory care units. Each facility with a memory care unit shall comply with the following provisions: (1) Each physician's, physician assistant's, or nurse practitioner's order for confinement that includes medical symptoms that warrant seclusion or placement must be …

44:70:04:13. Resident admissions. Before admission to a facility, each resident shall have written orders from a physician, physician assistant, or nurse practitioner of symptoms and diagnoses and a physical examination certifying the resident is in reasonably good health. The fa…

Rule 44:70:04:13.01 Repealed. 44:70:04:13.01. Facility form -- Contents. Repealed. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

Rule 44:70:04:14 Repealed. 44:70:04:14. Optional services. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 2…

Rule 44:70:04:15 Quality assessment. 44:70:04:15. Quality assessment. Each facility shall provide for on-going evaluation of the quality of services provided to residents. Components of the quality assessment evaluation shall include establishment of facility standards; review of…

Rule 44:70:04:16 Discharge planning. 44:70:04:16. Discharge planning. A facility shall have policies and procedures for discharge planning including the person responsible, members of the discharge planning team, a list of all area agencies and resources, and a description of the…

44:70:04:17. Physician, physician assistant, or nurse practitioner services. Each resident shall designate an attending physician, physician assistant, or nurse practitioner upon admission. Emergency and arranged medical care must be provided in accordance with written policies a…

44:70:04:18. Admission and retention of residents with communicable diseases. A facility may admit a resident who is infected with a communicable disease that is reportable to the department under SDCL 34-22-12 if the facility provides appropriate infection control measures to pr…

44:70:05:01. Nursing policies and procedures. The facility shall establish and maintain policies and procedures that provide nurses and other healthcare personnel with methods of meeting the facility's administrative and technical responsibilities in providing care to residents. …

44:70:05:02. Resident care plans, service plans, and programs. The facility shall provide safe and effective care from the day of admission through the development and implementation of a written care plan or service plan for each resident. The care plan or service plan must addr…

Rule 44:70:05:03 Resident care. 44:70:05:03. Resident care. The facility shall employ or contract with a licensed nurse who assesses and documents that the resident's individual personal care, and medical, physical, mental and emotional needs, including pain management, have been…

44:70:05:04. Intermittent nursing care. A facility shall limit nursing services or rehabilitation services provided to a resident to less than eight hours per day and twenty-eight hours each week. The facility shall maintain documentation of the skilled nursing services or rehabi…

44:70:05:05. Hospice services. Each facility offering hospice services, as defined in § 44:79:01:01(14), shall provide services to a terminally ill person and arrange for those services from a Medicaid-certified hospice agency under a written care plan established and periodicall…

44:70:05:06. Total activities of daily living assistance. A facility may admit or retain a resident who requires one or two personnel for total assistance with completing activities of daily living. Each direct care personnel shall complete an approved certified nurse aide traini…

Rule 44:70:05:07 Care of a resident with cognitive impairment. 44:70:05:07. Care of a resident with cognitive impairment. Each facility shall use a validated screening tool for evaluation of a resident's cognitive status upon admission, yearly, and after a significant change in c…

Rule 44:70:06:01 Dietetic services. 44:70:06:01. Dietetic services. The facility shall have an organized dietetic service that meets the daily nutritional needs of residents and ensures that food is stored, prepared, distributed, and served in a manner that is safe, wholesome, an…

Rule 44:70:06:02 Food safety. 44:70:06:02. Food safety. Hot foods must be held at or above 135 degrees Fahrenheit or 57.2 degrees centigrade and served promptly after being removed from the temperature holding device. Cold foods must be held at or below 41 degrees Fahrenheit or 5…

44:70:06:03. Nutritional adequacy. The dietetic service shall prepare food that is nutritionally adequate in accordance with the Recommended Dietary Allowances and is chosen from each of the five basic food groups listed in Dietary Guidelines for Americans 2020-2025, United State…

Rule 44:70:06:04 Food substitutions. 44:70:06:04. Food substitutions. The facility shall offer reasonable substitutions of equal nutritional value to residents who refuse or are unable to eat the food served. Source: 38 SDR 115, effective January 9, 2012. General Authority: SDCL …

44:70:06:05. Food supply. The facility shall maintain an on-site supply of perishable and nonperishable foods to meet the requirements of planned menus for three days. A facility shall maintain an additional supply of nonperishable foods as part of the facility's emergency prepar…

44:70:06:06. Therapeutic diets. A facility that admits or retains any resident requiring a therapeutic diet, excluding low sodium diets, shall employ or contract with a dietitian. The dietitian shall approve written menus and diet extensions, assess the resident's nutritional sta…

44:70:06:07. Social needs and dining arrangements. In each facility the dietetic service, in cooperation with other departments or services, shall meet the social and environmental needs of the resident and encourage eating in the common dining area. Social needs include mutually…

44:70:06:08. Written dietetic policies. The facility shall have written policies and procedures that govern all dietetic activities. The policies and procedures must include food handling procedures, length of duration for leftovers, and opened packages of commercially prepared f…

44:70:06:09. Written menus. Any regular or therapeutic menu, including therapeutic diet menu extensions for all diets served in the facility, must be written, prepared, and served as prescribed by each resident's physician, physician assistant, nurse practitioner, or dietician. E…

Rule 44:70:06:10 Repealed. 44:70:06:10. Preparation of food. Repealed. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

44:70:06:11. ServSafe and nutritional needs. The dietary manager, if employed, and at least one cook shall: (1) Successfully complete a ServSafe Food Protection Program and possess a current certificate; (2) Successfully complete the Certified Food Protection Professional's Sanit…

44:70:06:12. Diet manual. A therapeutic diet manual with a description of all diets served in the facility must be readily available in the facility to healthcare personnel. The manual must have been updated within the last five years. Source: SL 1975, ch 16, § 1; 6 SDR 93, effec…

Rule 44:70:06:13 Frequency of meals. 44:70:06:13. Frequency of meals. Each facility shall serve at least three meals daily at regular times with not more than a 14-hour span between a substantial evening meal and breakfast. Source: 38 SDR 115, effective January 9, 2012. General A…

Rule 44:70:06:14 Repealed. 44:70:06:14. Dining arrangements. Repealed. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

Rule 44:70:06:15 Nutritional assessments. 44:70:06:15. Nutritional assessments. A registered dietitian shall ensure a nutritional assessment is completed and documented on each new resident on therapeutic diets upon admission; on any resident having a significant change in diet, …

44:70:06:16. Person in charge of dietary services. The person in charge of dietary services shall possess a current certificate from: (1) A ServSafe Food Protection Course; (2) The Certified Food Protection Professional's Sanitation Course from the Dietary Managers Association; o…

44:70:06:17. Required dietary inservice training. The person in charge of dietary services or the dietitian shall provide ongoing inservice training for all healthcare personnel providing dietary and food-handling services. Training must be completed within thirty days of hire an…

44:70:06:18. Dining assistance program. A facility that admits or retains any resident who requires dining assistance shall develop a department-approved dining assistance program. Any personnel providing dining assistance to a resident must be a certified nurse aide or must have…

44:70:07:01. Policies and procedures. Each facility shall establish and implement written policies and procedures for medication control that include: (1) A requirement that each resident's prescribing physician, physician assistant, or nurse practitioner provide to the facility …

Rule 44:70:07:02 Written orders for medication required. 44:70:07:02. Written orders for medication required. All medications or drugs taken by or administered to residents shall be ordered electronically or in writing and signed by the prescribing physician, physician assistant,…

Rule 44:70:07:03 Medication therapy reviewed monthly. 44:70:07:03. Medication therapy reviewed monthly. The pharmacist shall review the drug regimen monthly of each resident who requires administration of medications. The pharmacist shall review the resident's diagnosis, the drug…

44:70:07:04. Storage and labeling of medications. All medications must be stored in a well illuminated, locked storage area that is well ventilated, maintained at a temperature appropriate for medication storage, and inaccessible to residents and visitors at all times. Medication…

44:70:07:05. Control and accountability of medications. Medication brought from a resident's home may be used if ordered by the resident's physician, physician assistant, or nurse practitioner and, if prior to administration, the medication is identified as the prescribed medicat…

Rule 44:70:07:06 Drug disposal. 44:70:07:06. Drug disposal. Legend drugs not controlled under SDCL chapter 34-20B shall be destroyed or disposed of by a nurse and another witness. Destruction or disposal of medications controlled under SDCL chapter 34-20B shall be witnessed by tw…

Rule 44:70:07:07 Medication administration. 44:70:07:07. Medication administration. A registered nurse shall provide medication administration training pursuant to § 20:48:04.01 to any unlicensed assistive personnel employed by the facility who will be administering medications. …

44:70:07:08. Medication records and administration. A facility shall establish and implement written policies and procedures to check the resident's medication administration records against the physician, physician assistant, or nurse practitioner's orders to verify accuracy. Ea…

44:70:07:09. Self-administration of medications. A resident with the cognitive ability to safely perform self-administration, may self-administer medications. At least every three months, a registered nurse, or the resident's physician, physician assistant, or nurse practitioner …

44:70:07:10. Emergency opioid antagonist storage and administration. A facility may stock opioid antagonists for emergency use if the facility develops and implements written policies and procedures consistent with manufacturer guidelines for the safe storage and use. Opioid anta…

Rule 44:70:08:01 Record service. 44:70:08:01 Record service. Each facility shall maintain a care record on each resident; shall have written procedures for documentation, filing, and retrieval of records; and shall have written policies to safeguard the resident's records against…

Rule 44:70:08:02 Authentication. 44:70:08:02. Authentication. A facility shall ensure entries to the care record are signed or electronically authenticated. If the facility permits any portion of the care records to be generated by electronic or optical means, policies and proced…

Rule 44:70:08:03 Retention of care records. 44:70:08:03. Retention of care records. A facility shall retain care records for a minimum of five years from the actual visit date of service or resident care. The retention of the record for five years is not affected by additional an…

Rule 44:70:08:04 Storage of care records. 44:70:08:04. Storage of care records. A facility shall provide for filing, safe storage, and easy accessibility of care records. The care records must be preserved as original records or in another readily retrievable and reproducible for…

Rule 44:70:08:05 Destruction of care records. 44:70:08:05. Destruction of care records. After the minimum retention period of five years from the actual visit date of care required by the provisions of § 44:70:08:03, the care record may be destroyed at the discretion of the facil…

44:70:08:06. Disposition of care records on closure of facility or transfer of ownership. If a facility ceases operation, the facility must provide for the safe storage and prompt retrieval of care records and the resident indexes and abstract specified in § 44:70:08:05. The faci…

Rule 44:70:09:01 Application of chapter -- Residents' rights policies. 44:70:09:01. Application of chapter -- Residents' rights policies. An assisted living center shall establish policies consistent with this chapter to protect and promote the rights of each resident. Source: 38…