South Dakota Administrative Code

Rule 44:70:10:35 Staff call system. 44:70:10:35. Staff call system. A staff call system shall be provided for resident use in accordance with subdivision 44:70:02:17(3). Each staff call system that provides two-way voice communication shall be equipped with an indicating light at…

Rule 44:70:10:36 Transferred. 44:70:10:36. Transferred to § 44:70:03:04.

Rule 44:70:10:37 Submittal of plans and specifications. 44:70:10:37. Submittal of plans and specifications. Plans and specifications for new construction must be submitted to the department for evaluation of function and fire protection. The department's approval must be obtained…

44:70:10:38. Pipe requirements. Each piping system for potable water must be installed to eliminate any dead-end runs of piping. Before placing any potable water system in service, the piping system must be disinfected in accordance with article 20:54, and certification must be a…

44:70:10:39. Water recreation facilities. Each water recreation facility operated by a facility and used by any resident or the public, must be designed, constructed, and maintained using the "Recommended Standards for Swimming Pool Design and Operation," 1996 edition. A facility…

Rule 44:71:01:01 Definitions. Definitions. 44:71:01:01. Definitions. Terms used in this article mean: (1) "Application," a set of forms and related materials, as provided by § 44:71:02:01; (2) "Certified medical laboratory professional," a medical technologist, medical laboratory…

44:71:01:02. Eligible health professional defined. For the purposes of this article, the term, eligible health professional, means an individual who: (1) Is licensed in this state as a dietitian, nutritionist, licensed practical nurse, registered nurse, occupational therapist, em…

Rule 44:71:02:01 Application form and content. 44:71:02:01. Application form and content. An application form provided by the department shall include the following: (1) Name and address of the employing facility; (2) Name and dated signature of a contact person; (3) Name and add…

Rule 44:71:02:02 Acceptance of applications. 44:71:02:02. Acceptance of applications. The department shall accept an application for review if: (1) The application is submitted by an employing facility and is in a form as provided by § 44:71:02:01; (2) The application proposes to…

Rule 44:71:03:01 Submission of applications. 44:71:03:01. Submission of applications. A signed application may be submitted by mail, electronic means, or in person. The department shall date each application upon receipt. Source: 39 SDR 9, effective July 30, 2012. General Authori…

Rule 44:71:03:02 Timeframes for acceptance of applications. 44:71:03:02. Timeframes for acceptance of applications. The timeframes for acceptance of applications are as follows: (1) For the 2012 program year the department may accept applications from July 1, 2012, to December 31…

Rule 44:71:03:03 Application receipt and selection process. 44:71:03:03. Application receipt and selection process. The application receipt and selection process is as follows: (1) Complete applications shall be selected on a first come, first served basis beginning July 1 to the…

Rule 44:71:04:01 Form and content of agreements. 44:71:04:01. Form and content of agreements. The following shall be included in each rural healthcare facility recruitment assistance agreement: (1) A statement that the employing facility is eligible to enter into a rural healthca…

Rule 44:72:01:01 Geographic area. 44:72:01:01. Geographic area. An eligible proposal for additional nursing facility beds pursuant to SDCL 34-12-35.8 shall specify that the additional beds will be housed in a new or existing nursing facility located in an identified area of need …

Rule 44:72:01:02 Population to be served. 44:72:01:02. Population to be served. Any new or existing facility requesting additional nursing facility beds shall be either Medicare-certified, Medicaid-certified, or both, or have skilled nursing services available on-site. The skille…

Rule 44:72:02:01 Proposal viability. 44:72:02:01. Proposed viability. Upon request, any nursing facility that submits a proposal shall include a copy of the facility's audited financial statements. The audited financial statements shall be provided in the form of an independent a…

Rule 44:72:03:01 Local community support required. 44:72:03:01. Local community support allowed. An eligible proposal requesting additional nursing facility beds pursuant to SDCL 34-12-35.8 may contain documentation of local community support for the proposals, including letters …

Rule 44:72:04:01 Quality assurance requirements. 44:72:04:01. Quality assurance requirements. An existing nursing facility that is a candidate for selection as a special focus facility by the Centers for Medicare and Medicaid Services is not eligible to receive additional nursing…

Rule 44:72:05:01 Workforce plan. 44:72:05:01. Workforce plan. An eligible proposal requesting additional nursing facility beds pursuant to SDCL 34-12-35.8 shall contain a detailed workforce plan that outlines how the nursing facility will meet the facility's workforce needs. Sour…

Rule 44:72:05:02 Nurse aide training program. 44:72:05:02. Nurse aide training program. An eligible proposal shall include a nursing facility-based certified nurse aid training program, or an acceptable alternative. Source: 39 SDR 119, effective January 8, 2013. General Authority…

44:73:01:01. Definitions. Terms used in this article mean: (1) "Abuse," a criminal conviction for, or substantial evidence of: (a) Emotional or psychological abuse as defined in SDCL subdivision 22-46-1(4); (b) Exploitation as defined in SDCL subdivision 22-46-1(5); or (c) Physic…

44:73:01:02. Posting of license. Each facility shall post the current license issued by the department on the premises of the facility in a place conspicuous to the public. The license remains the property of the department. Source: SL 1975, ch 16, § 1; 4 SDR 14, effective Septem…

44:73:01:03. Name of facility. Each facility shall use a pertinent and distinctive name in applying for a license. The facility name may not imply services in excess of the facility's licensure classification. The governing body of the facility or its designee shall provide prior…

44:73:01:04. Bed capacity. The facility shall establish the bed capacity for the facility in accordance with chapter 44:73:12. The resident census may not exceed the bed capacity for which the facility is licensed. A request by the facility for an adjustment in bed capacity becau…

44:73:01:05. Acceptance and retention of residents. A facility shall accept and retain residents based on the facility's capabilities to meet the needs of the residents, the services provided in accordance with the facility classification as determined by the facility's medical d…

44:73:01:06. Joint occupancy. The department may approve the use of a portion of a building for a purpose other than that covered by the facility's license if the facility shows that joint occupancy is not detrimental to the welfare of the residents. The area must be open to insp…

44:73:01:07. Reports to the department. Each facility shall report any of 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 by a resident; (2) An incident or eve…

44:73:01:07.01. Reports to the Department of Human Services, law enforcement, or state's attorney. In addition to the reporting requirements in § 44:73:01:07, a facility shall report an event involving any reasonable cause to suspect abuse or neglect of a resident by any person, …

44:73:01:08. Plans of correction. Within ten days of the receipt of a statement of deficiencies, the licensed facility must submit to the department a written plan of correction for the citation of noncompliance with licensure requirements. The plan of correction must be signed, …

44:73:01:09. Modifications. The department may approve modifications to the staffing requirements provided in § 44:73:03:02 licensed facilities that are physically combined and jointly operated if: (1) A hospital and nursing facility are co-located and the nursing facility has a …

44:73:01:10. Scope of article. Nothing in article 44:73 limits or expands the rights of any healthcare personnel to provide services within the scope of the professional's license, certification, or registration, as provided by South Dakota law. Source: 31 SDR 62, effective Novem…

Rule 44:73:02:01 Sanitation. 44:73:02:01. Sanitation. The facility must be designed, constructed, maintained, and operated to minimize the sources and transmission of infectious diseases to residents, patients, personnel, visitors, and the community at large. This requirement sha…

Rule 44:73:02:02 Pets. 44:73:02:02. Pets. No pet kept in or visiting a facility may negatively affect the well-being of a resident. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective Novem…

Rule 44:73:02:03 Cleaning methods and facilities. 44:73:02:03. Cleaning methods and facilities. The facility shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, disinfecting, or sterilizing all work areas, equipment, utensils, and…

Rule 44:73:02:04 Chemicals used to sanitize, disinfect, or sterilize. 44:73:02:04. 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…

44:73:02:05. Sterilization. Before sterilization, a facility must decontaminate any instruments, supplies, utensils, and equipment that are not single service in a manner that will make the instruments, supplies, utensils, and equipment safe for handling by personnel. Supplies an…

44:73:02:06. Housekeeping cleaning methods and equipment. The facility shall establish written housekeeping procedures for the cleaning of all areas in the facility and make copies available to all housekeeping personnel. All parts of the facility must be kept clean, neat, and fr…

44:73:02:07. Food service. Food service must be provided by a facility or food service establishment licensed in accordance with SDCL chapter 34-18 and inspected by a local, state, or federal agency. The facility shall meet the safety and sanitation procedures for food service in…

44:73:02:08. Handwashing facilities. A handwashing facility must consist of hot and cold running water dispensed through a mixing faucet controlled with blade handles or hands-free controls, a towel dispenser with single-service towels or a hand-drying device, and a wall-mounted …

44:73:02:09. Linen. The supply of bed linen and towels 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 a commercial lau…

44:73:02:10. Infection control. A facility's 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 in 29 C…

44:73:02:11. Plumbing. A facility's plumbing systems must be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1 and article 20:54. Plumbing must be sized, installed, and maintained to carry required quantities of water to required locations throughout the faci…

44:73:02:12. Water supply. A 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 least…

44:73:02:12.01. Water supply -- Control of Legionella. A facility shall maintain, for each water supply system in the facility, one part per million free residual chlorine at remote point-of-use fixtures, or another equivalent bacteriological control method for the control of Leg…

44:73:02:13. Ventilation. A facility shall provide electrically powered exhaust ventilation 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-handling system. Source: …

Rule 44:73:02:14 Lighting. 44:73:02:14. Lighting. Spaces 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 night l…

44:73:02:15. Refuse and waste disposal. A facility shall handle and dispose of garbage, refuse, and waste in a safe and sanitary manner. Final disposal of all refuse and waste must comply with articles 74:27 and 74:28. A facility shall remove putrescible garbage at a frequency to…

Rule 44:73:02:16 Insect and rodent control. 44:73:02:16. 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 44:73:02:17 Sewage disposal. 44:73:02:17. 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 SDCL chapter 34A-2. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1…

44:73:02:18. Occupant protection. Each facility must be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to the occupants. The extent and complexity of occupant protection precautions is determined by the services offered and the physical needs …