South Dakota Administrative Code

44:73:02:19. Area requirements for licensed resident rooms. Each resident multi-bed room must have at least seventy-five square feet, or 6.98 square meters, of floor space per bed, with at least three feet, or 0.91 meters, between beds, exclusive of closets and wardrobes. Each re…

Rule 44:73:02:19.01 Repealed. 44:73:02:19.01. Room required for isolation techniques. Repealed. Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:02:18.01, repealed, 42 SDR 51, effective October 13, 2015.

44:73:02:20. Office required for social services activities. A facility shall provide an office for social services activities that is large enough to accommodate private consultation and record keeping and that is easily accessible to residents. Source: 14 SDR 81, effective Dece…

44:73:02:21. Physical plant changes. A facility shall submit to the department any proposed change due to new construction, remodeling, or change of use of an area. Any change must have the approval of the department before it is made. Source: SL 1975, ch 16, § 1; 6 SDR 93, effec…

44:73:02:22. 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: S…

44:73:02:23. Heating and cooling. A facility must maintain a temperature in any occupied space between sixty-eight and eighty degrees Fahrenheit during waking hours and not lower than sixty-four degrees Fahrenheit during sleeping hours. An individual resident's space may be maint…

Rule 44:73:02:24 Repealed. 44:73:02:24. Seclusion rooms in hospitals. Repealed. Source: 30 SDR 84, effective December 4, 2003; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:04:22, repealed, 42 SDR 51, effective October 13, 2015.

44:73:03:01. Fire safety code requirements. Each facility must meet applicable fire safety standards in NFPA 101 Life Safety Code, 2012 edition, chapters 18 and 19. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, …

44:73:03:02. General fire safety. Each facility must be constructed, arranged, equipped, maintained, and operated to avoid undue danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape f…

Rule 44:73:04:01 Repealed. 44:73:04:01. Administrative management. 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; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective …

Rule 44:73:04:02 Governing body. 44:73:04:02. Governing body. Each facility operated by limited liability partnership, a corporation, or political subdivision shall have an organized governing body legally responsible for the overall conduct of the facility. If the facility is op…

Rule 44:73:04:02.01 Repealed. 44:73:04:02.01. Hospital medical staff. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; transferred from § 44:04:05:04, 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:…

44:73:04:03. Administrator. The governing body shall designate a qualified administrator to represent the governing body and to be responsible for the daily overall management of the facility. The administrator shall designate a qualified person to represent the administrator dur…

44:73:04:04. Personnel. The facility shall have a sufficient number of qualified personnel to provide effective and safe care. Healthcare personnel on duty must be awake at all times. Any supervisor must be eighteen years of age or older. The facility shall make available written…

44:73:04:05. Personnel training. The facility shall have a formal orientation program and an ongoing education program for all healthcare personnel. All healthcare personnel must complete the orientation program within thirty days of hire and the ongoing education program annuall…

44:73:04:06. Personnel health program. The facility shall have a personnel health program for the protection of the residents. Before assignment to duties or within fourteen days after employment, a licensed health professional must evaluate all personnel to ensure no personnel i…

44:73:04:07. Admissions of residents. The governing body of the facility shall establish and maintain admission, transfer, and discharge policies, with written evidence to ensure a resident admitted to and retained in the facility receives care within the licensure classification…

44:73:04:08. Admission of residents with communicable diseases. A facility may admit a resident who is infected with a communicable disease that is reportable to the department, pursuant to SDCL 34-22-12 if the facility provides appropriate infection to prevent the spread of the …

44:73:04:09. Prevention and control of influenza. Each facility shall arrange for annual influenza vaccinations for all residents. The facility must offer each resident an influenza vaccine upon admission and annually during the influenza season. The facility shall record the vac…

44:73:04:10. Prevention and control of pneumonia. Each facility shall arrange for immunization for pneumococcal disease. If immunization is lacking and the resident's physician, physician assistant, or nurse practitioner recommends immunization, the nursing facility must arrange …

44:73:04:11. Disease prevention. Each facility shall implement an organized infection control program for preventing, investigating and controlling infection. The facility shall establish and implement written policies regarding visitation in the various services and departments …

44:73:04:12. 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…

44:73:04:12.01. Tuberculosis education for healthcare personnel. A facility shall provide yearly education to all healthcare personnel on TB risk factors, the signs and symptoms of TB, and the TB infection control policies and procedures of the facility. Source: 51 SDR 53, effect…

44:73:04:13. 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' needs. Each facility shall est…

44:73:04:14. 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 …

44:73:04:15. Restraints. Each facility shall have written policies and procedures for all restraint use. The use of restraints must be based on a comprehensive assessment of the resident's physical and cognitive abilities, evaluation and effectiveness of less restrictive alternat…

44:73:04:16. Transfer agreements. Each facility shall have a transfer agreement with one or more hospitals able to provide prompt inpatient hospital care to the facility's residents when needed. The agreement must provide for an interchange of medical and other information necess…

44:73:04:17. Quality assessment. Each facility shall evaluate the quality of services provided to residents on an ongoing basis. The evaluation must include establishment of facility standards, interdisciplinary review of resident services to identify deviations from the standard…

44:73:04:18. Discharge planning. A facility shall have an effective discharge planning process that includes the discharging resident and the resident's caregiver or support person as an active partner for post-discharge care. The discharge planning process and discharge plan mus…

Rule 44:73:05:01 Repealed. 44:73:05:01. Admissions to hospitals. Repealed. Source: SL 1975, ch 16, § 1; 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 November 19, 1995; 32 SDR 128, effective …

44:73:05:02. Admissions. A facility may admit a resident only on the written order of a physician, physician assistant, or nurse practitioner. The attending physician, physician assistant, or nurse practitioner shall provide the facility with documented information regarding curr…

44:73:05:03. Medical orders. All medical orders, including verbal orders, must be in writing or electronic format and signed by a physician, physician assistant, or nurse practitioner. A verbal order may be taken only when there is an urgent need to initiate or change a medical o…

Rule 44:73:05:04 Emergency physician, physician assistant, or nurse practitioner coverage. 44:73:05:04. Emergency physician, physician assistant, or nurse practitioner coverage. A resident's physician, physician assistant, or nurse practitioner shall arrange for the care of the r…

Rule 44:73:05:05 Repealed. 44:73:05:05. Physician extenders. 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; transferred from § 44:04:05:06, repealed, 42 SDR 51, effective Oct…

44:73:05:06. Medical director required. A facility shall appoint a physician licensed in South Dakota to serve as a medical director. The medical director shall ensure all services are provided only by qualified personnel. Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96…

44:73:05:07. Physician services for hospice patients. A facility shall provide or arrange for physician services once a resident elects hospice care. Each resident must designate an attending physician upon admission or when they elect hospice care. Source: 22 SDR 70, effective N…

Rule 44:73:06:01 Repealed. 44:73:06:01. Nursing service for hospitals and nursing facilities. 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; transferred from § 44:04:06:01, r…

Rule 44:73:06:02 Repealed. 44:73:06:02. Organized nursing service. 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; transferred from § 44:04:06:02, repealed, 42 SDR 51, effecti…

44:73:06:03. Director of nursing. A facility shall have a full-time registered nurse designated as the director of nursing who is responsible for the organization of the entire nursing service and who serves during the day shift. The director may not serve in a dual role as the a…

44:73:06:04. Nursing policies and procedures. The facility shall establish and maintain policies and procedures that assist the nursing staff with meeting the following administrative and technical responsibilities: (1) The noting of diagnostic and therapeutic orders; (2) Assigni…

44:73:06:05. Resident care plans and programs. The facility shall provide nursing services that provide safe and effective care from the day of admission through the development and implementation of a written care plan for each resident. The care plan must address the medical, p…

Rule 44:73:06:06 Repealed. 44:73:06:06. Nursing service staffing for hospitals. Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 17 SDR 122, effective February 24, 1991; repealed, 22 SDR 70, effective November 19, 19…

44:73:06:07 Nursing service staffing. A facility shall maintain a licensed nurse in charge of nursing activities during each tour of duty. The director of nursing may not serve as charge nurse in a facility with an average daily occupancy of sixty or more residents. The facility …

44:73:06:08. Intermittent nursing care. Repealed. Source: 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:06:11.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November …

44:73:06:09. Hospice services. Each facility offering hospice services, as defined in subdivision 44:79:01:01(14), shall provide services to a terminally ill resident or arrange for the services by a hospice program under a written plan established and periodically reviewed by th…

44:73:06:10. Resident assessments. Each facility shall make a comprehensive assessment of the functional, medical, mental, nursing, and psychosocial needs of each resident. The facility shall use the resident assessment instrument described in the Long Term Care Facility Resident…

Rule 44:73:06:11 Repealed. 44:73:06:11. Resident assessment reviews. Repealed. Source: 17 SDR 122, effective February 24, 1991; transferred from § 44:04:04:14, 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; tr…

Rule 44:73:06:12 Repealed. 44:73:06:12. Nursing service staffing for hospice facilities. Repealed. Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:06:17, repealed, 42 SDR 51, effective October 13, 2015.

44:73:06:13. Nurse aides. Repealed. Source: 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.

Rule 44:73:07:01 Repealed. 44:73:07:01. Dietetic standards for all facilities. 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; transferred from § 44:04:07:01, repealed, 42 SDR…