South Dakota Administrative Code

44:70:09:02. Facility to inform resident of rights. Prior to or at the time of admission, a facility shall inform the resident, both orally and in writing, of the resident's rights and of the rules governing the resident's conduct and responsibilities while living in the facility…

44:70:09:03. Facility to provide information on available services, procedures, and policies. A facility shall provide the following information in writing to each resident: (1) A list of items and services available in the facility and the charges for the items and services, and…

Rule 44:70:09:04 Notification when resident's condition changes. 44:70:09:04. Notification when resident's condition changes. A facility shall immediately inform the resident, consult with the resident's physician, physician assistant, or nurse practitioner, and, if known, notify…

Rule 44:70:09:05 Notification of resident's room assignment or rights change. 44:70:09:05. Notification of resident's room assignment or rights change. A facility shall promptly notify the resident and, if known, the resident's legal representative, as specified in SDCL 34-12C-3,…

Rule 44:70:09:06 Right to manage financial affairs. 44:70:09:06. Right to manage financial affairs. A resident may manage personal financial affairs. A facility may not require any resident to deposit any personal funds with the facility. If the resident chooses to deposit funds …

Rule 44:70:09:07 Choice in planning care. 44:70:09:07. Choice in planning care. A resident may choose a personal attending physician, physician assistant, or nurse practitioner, be fully informed in advance about care and treatment and of any changes in that care or treatment tha…

44:70:09:08. Privacy and confidentiality. A facility shall provide for privacy and confidentiality for the resident. A facility shall permit residents: (1) To send and receive unopened mail and to have access to stationery, postage, and writing implements at the resident's own ex…

Rule 44:70:09:09 Quality of life. 44:70:09:09. Quality of life. A facility shall provide care and an environment that contributes to the resident's quality of life, including: (1) A safe, clean, comfortable, and homelike environment; (2) Maintenance or enhancement of the resident…

Rule 44:70:09:10 Grievances. 44:70:09:10. Grievances. A resident or the resident's designated representative may voice grievances without discrimination or reprisal. A resident's grievance may be given in writing or verbally and may relate to treatment furnished, treatment that h…

Rule 44:70:09:11 Availability of survey results. 44:70:09:11. Availability of survey results. Survey results, along with the corresponding plan of correction, shall be readily available and provided to residents and other individuals upon request. Source: 38 SDR 115, effective Ja…

Rule 44:70:09:12 Repealed. 44:70:09:12. Right to refuse to perform services. Repealed. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

Rule 44:70:09:13 Transferred. 44:70:09:13. Transferred to § 44:70:07:09.

44:70:09:14. Admission, readmission, transfer, and discharge policies. A facility shall establish and maintain policies and procedures for admission, readmission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The facility shall notif…

Rule 44:70:09:15 Spiritual needs. 44:70:09:15. Spiritual needs. The facility shall provide for the spiritual needs of the residents. Any resident's request to see a clergyman shall be honored. No specific religious beliefs or practices may be imposed on any resident contrary to t…

Rule 44:70:09:16 Activities program. 44:70:09:16. Activities program. A planned activities program shall be provided with therapeutic activities designed to meet the needs and interests of each individual resident. Supplies and equipment shall be provided for activities to satisf…

44:70:10:01. Application of chapter. This chapter applies to any new facility and to any renovation, addition, or change in space use of any currently licensed existing facility. Accessible and usable accommodations must be available to the public, staff, and residents with disab…

Rule 44:70:10:02 Resident rooms. 44:70:10:02. Resident rooms. A resident room must meet the following requirements: (1) A maximum room capacity not exceeding two residents; (2) A minimum area, exclusive of toilet rooms, closets, lockers, wardrobes, or vestibules, of 120 square fe…

44:70:10:02.01. Modifications. The department may approve a modification of the requirement in subdivision 44:70:10:02(8) if the following criteria are met: (1) The facility fire alarm promptly alerts staff; (2) The facility is equipped with an automatic sprinkler system, as defi…

Rule 44:70:10:03 Service area in care units. 44:70:10:03. Service area in care units. Each care unit must contain a service area that includes the following: (1) Staff station, staff office, or work area with convenient access to handwashing facilities; (2) Communications; (3) St…

44:70:10:04. Dietary department. Construction, equipment, and installation of the dietary department must comply with §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 through 44:02:07:95, inclusive. The installation of food service equipment must comply with § 44:70:10:05 unless the …

Rule 44:70:10:05 Food preparation services and equipment. 44:70:10:05. Food preparation services and equipment. The dietary area must be completely cleanable by conventional methods. The location and design of the dietary area must enable convenient handling of incoming supplies,…

Rule 44:70:10:06 Laundry. 44:70:10:06. Laundry. The laundry shall include the following: (1) Soiled linen holding room with a storage capacity of 1.75 square feet (0.1626 square meters) of floor area for each bed, to be used for storage, sorting, and weighing of soiled linen; (2)…

Rule 44:70:10:07 Storage rooms. 44:70:10:07. Storage rooms. There shall be at least 10 square feet (0.929 square meters) of central storage provided for each bed. General storage shall be concentrated in one area in the facility, but up to 50 percent of the general storage space …

Rule 44:70:10:08 Resident dining and recreation area. 44:70:10:08. Resident dining and recreation area. The total areas set aside for resident dining, recreation, and other central use areas may not be less than 40 square feet (3.71 square meters) for each bed and each adult day-…

Rule 44:70:10:09 Outside area. 44:70:10:09. Outside area. Each memory care unit must have for the resident's use an outdoor area enclosed by a fence. The fence must extend to a minimum of six feet above grade level and be designed to be safe for resident contact. Hard surface wal…

Rule 44:70:10:10 Memory care unit locations. 44:70:10:10. Memory care unit locations. Any memory care unit must be located at grade level and have direct access to an outside area. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019. General Auth…

44:70:10:11. Personnel facilities. The locker room for personnel must have lockers and a separate toilet room. Source: 38 SDR 115, effective January 9, 2012; 50 SDR 19, effective August 30, 2023. General Authority: SDCL 34-12-13(1). Law Implemented: SDCL 34-12-13.

Rule 44:70:10:12 Engineering service and equipment area. 44:70:10:12. Engineering service and equipment areas. The requirements for engineering service and equipment areas for each facility are as follows: (1) A maintenance shop with at least one room; (2) A storage room for buil…

Rule 44:70:10:13 Corridor restrictions. 44:70:10:13. Corridor restrictions. Drinking fountains, telephone booths, fire extinguisher cabinets, and vending machines shall be located so that they do not project into the required width of exit corridors. Handrails installed in corrid…

Rule 44:70:10:14 Doors. 44:70:10:l4. Doors. Any door to a resident room toilet or bathroom shall be equipped with hardware that permits access in any emergency. A pocket or sliding door may not be installed except on a clothes closet or restroom in a resident room. Any hardware o…

Rule 44:70:10:15 Ceiling heights. 44:70:10:15. Ceiling heights. The ceilings of corridors, storage rooms, resident toilet rooms, and other minor rooms may not be less than seven feet, eight inches or 2.34 meters. The ceilings of all other rooms may not be less than seven feet, te…

Rule 44:70:10:16 Transferred. 44:70:10:16. Transferred to § 44:70:03:03.

Rule 44:70:10:17 Floor surface finish. 44:70:10:17. Floor surface finish. Floors shall be easily cleanable and shall have the wear resistance appropriate for the location involved. Floors in kitchens and related spaces shall be water-resistant. In all areas where floors are subje…

Rule 44:70:10:18 Wall and ceiling finish. 44:70:10:18. Wall and ceiling finish. Walls shall be washable, and in the immediate area of plumbing fixtures the finish shall be protected from water damage. Wall bases in dietary areas shall be free of spaces that can harbor insects. Ea…

Rule 44:70:10:19 Elevators. 44:70:10:19. Elevators. If a resident's bed or a service such as recreation, resident dining, dietary, laundry, central storage, or therapy rooms, is located on other than the first floor, the facility shall have an electrical or electrohydraulic eleva…

44:70:10:20. Steam and hot water systems. Boilers must have the capacity to supply the normal requirements of all of the facility's systems and equipment. Supply and return mains and risers of space heating and process steam systems must be valved to isolate the various sections …

44:70:10:21. Ventilating systems. The ventilating systems must maintain temperatures, minimum air changes of outdoor air per hour, minimum total air changes, and relative humidities as follows: (1) For all occupied areas, the facility shall be able to maintain a minimum temperatu…

44:70:10:22. Filtration. A ventilation system using a recirculated central air system must be equipped with a filter bed. The filter bed must be located upstream of the conditioning equipment and must have a minimum efficiency of MERV 7. These filter efficiencies must be warrante…

44:70:10:23. Ducts. Each duct must be constructed of iron, steel, aluminum, or other approved metal or materials as defined in NFPA 101 Life Safety Code, 2012 edition, § 32.3.6.2.1. Duct linings, coverings, vapor barriers, and the adhesives used for applying them must have a flam…

Rule 44:70:10:24 Food service ventilation. 44:70:10:24. Food service ventilation. The air from any dining area may be used to ventilate the food preparation area only after it has been passed through a filter with 30 percent efficiency. Each exhaust hood in a food preparation cen…

Rule 44:70:10:25 Repealed. 44:70:10:25. Recirculated air systems. Repealed. Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019.

Rule 44:70:10:26 Plumbing fixtures. 44:70:10:26. Plumbing fixtures. The material used for plumbing fixtures must be of nonabsorptive acid-resistant material. Each lavatory and sink required in resident toilet rooms must have the water supply spout mounted so the discharge is a mi…

Rule 44:70:10:27 Water supply systems. 44:70:10:27. Water supply systems. Each water supply system must supply water to the fixtures and equipment on the upper floors at a minimum pressure of 15 pounds per square inch or 1055.9 kilograms per square meter during maximum demand per…

Rule 44:70:10:28 Vacuum breakers. 44:70:10:28. Vacuum breakers. An antisiphon device or backflow preventer shall be installed on any hose bib and on any fixture to which a hose or tubing can be attached such as a laboratory or a janitor's sink, bedpan flushing attachment, and a h…

Rule 44:70:10:29 Hot water systems. 44:70:10:29. Hot water systems. Each hot water distribution system over 50 feet or 15.24 meters long must recirculate to provide hot water at each fixture at all times. The hot water heating equipment must have sufficient capacity to supply wat…

Rule 44:70:10:30 Drainage systems. 44:70:10:30. Drainage systems. Each drain line from a sink in which acid wastes may be poured must be fabricated from an acid resistant material. Any piping over food preparation centers, food service facilities, food storage areas, and other cr…

Rule 44:70:10:31 Electrical distribution system. 44:70:10:31. Electrical distribution system. All material including equipment, conductors, controls and signaling devices shall be installed to provide a complete electrical system with the necessary characteristics and capacity to…

Rule 44:70:10:32 Emergency electrical service. 44:70:10:32. Emergency electrical service. A facility with 16 beds or less shall be equipped with automatic emergency lighting for each exit way, staff work area, dining room, medication room, dietary department, room where main elec…

Rule 44:70:10:33 Lighting. 44:70:10:33. Lighting. Any space occupied by people, machinery, and equipment within a building, any approach to the building and parking lot shall have artificial lighting approved by the department. Each resident's bedroom shall have general lighting …

Rule 44:70:10:34 Receptacles or convenience outlets. 44:70:10:34. Receptacles or convenience outlets. Each resident bedroom shall have duplex receptacles as follows: one on each side of the head of each bed; receptacles for luminaries and motorized beds, if used; and one receptac…