South Dakota Administrative Code

Rule 44:73:07:01.01 Dietetic services. 44:73:07:01.01. Dietetic services. The facility shall have an organized dietetic service that meets the daily nutritional needs of residents. Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 19…

44:73:07:02. Food safety. Hot food must be held at or above one hundred thirty-five 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 forty-one degrees Fahrenheit, or fi…

44:73:07:03. Nutritional adequacy. The dietetic service of the facility 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 the Dietary Guidelines for Americans, 20…

Rule 44:73:07:04 Food substitutions. 44:73:07:04. Food substitutions. Reasonable substitutions of equal nutritional value shall be offered to residents who refuse or are unable to eat the food served. Source: 22 SDR 70, effective November 19, 1995; 31 SDR 62, effective November 7…

44:73:07:05. Food supply. The facility shall maintain an on-site supply of perishable and nonperishable foods to meet planned menus for three days. A facility shall maintain an additional supply of nonperishable foods as part of the facility's emergency preparedness plan. A facil…

44:73:07:06. Therapeutic diets. The dietetic service of the facility shall provide for the needs of those residents requiring therapeutic diets. Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferr…

44:73:07:07. Social needs and dining arrangements. The dietetic service of the facility, in cooperation with other departments or services, shall meet the social and environmental needs of each resident to encourage eating in the common dining area. The dietetic service shall pro…

44:73:07:08. Written dietetic policies. The facility shall have written policies and procedures that govern all dietetic activities. Policies and procedures must include food handling procedures and lengths of duration for leftovers and opened packages of commercially prepared fo…

44:73:07:09. Written menus. Any regular and therapeutic menu, including therapeutic diet menu extensions for all diets served in the facility, must be written, prepared, and served as ordered by each resident's physician, physician assistant, nurse practitioner, or authorized die…

Rule 44:73:07:10 Repealed. 44:73:07:10. Preparation of food. 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 § 44:04:07:05, repealed, 42 SDR 51, effective Oct…

Rule 44:73:07:10.01 Repealed. 44:73:07:10.01. Additional dietetic standards 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; 29 SDR 81, ef…

44:73:07:11. Director of dietetic services. A facility shall have a full-time dietary manager who is responsible to the administrator and who shall direct the dietetic services. The dietary manager must: (1) Be a certified dietary manager; (2) Be a certified food service manager;…

Rule 44:73:07:11.01 Repealed. 44:73:07:11.01. Hospitals without in-house dietary departments. Repealed. Source: 30 SDR 84, effective December 4, 2003; transferred from § 44:04:07:07.01, repealed, 42 SDR 51, effective October 13, 2015.

44:73:07:12. Diet manual. A facility shall have a therapeutic diet manual that has been updated within the last five years with a description of each diet served in the facility readily available to all food service personnel, nursing service personnel, and practitioners. Source:…

44:73:07:13. Frequency of meals. A facility shall service at least three meals daily at regular times with not more than a fourteen-hour span between a substantial evening meal and the next day's breakfast. If a facility serves a nourishing snack at bedtime, up to sixteen hours m…

44:73:07:14. Dining arrangements. 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; transferred from 44:04:07:12, 42 SDR 51, effective Oct…

44:73:07:15. Nutritional assessments. A registered dietitian shall ensure a nutritional assessment is completed on each resident: (1) Upon admission; (2) With a significant change in diet, eating ability, or nutritional status; (3) Receiving tube feedings; and (4) With a disease …

44:73:07:16. Required dietary inservice training. The dietary manager or the dietitian shall provide ongoing inservice training for all personnel providing dietary and food-handling services. Training must be completed within thirty days of hire and annually for all dietary or fo…

44:73:07:17. Dining assistance program. A facility may develop a program to train dining assistants. The program must be approved by the department. To be approved by the department, the program must include instruction from a speech-language pathologist and registered dietitian …

Rule 44:73:08:01 Repealed. 44:73:08:01. Medication control in 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 § 44:04:08:01,…

44:73:08:01.01. Policies and procedures. Each facility shall establish and implement the following policies and procedures for medication control: (1) A requirement that each resident's prescribing physician, physician assistant, or nurse practitioner provide to the facility elec…

44:73:08:02. Written orders for medication required. All medications administered to a resident must be ordered electronically or in writing and signed by the prescriber. Verbal orders for medications may be taken only when there is an urgent need to initiate or change an order a…

44:73:08:03. Medication therapy reviewed monthly. The pharmacist shall review a resident's medication regimen at least monthly. The pharmacist shall review the resident's diagnosis, medication regimen, and any pertinent laboratory findings and dietary considerations. The pharmaci…

44:73:08:04. Storage and labeling of medications. A facility shall store all medications in a well-illuminated, locked storage area that is well-ventilated, maintained at a temperature appropriate for medication storage, accessible to those with authority to administer medication…

44:73:08:05. Control and accountability of medications. A 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, is identified as the prescribed medication. No resid…

44:73:08:06. Documentation of medication disposal. A facility shall ensure that a legend medication not controlled under SDCL chapter 34-20B is destroyed or disposed of by a nurse and another witness. Destruction or disposal of medication controlled under SDCL chapter 34-20B must…

44:73:08:07. Medication administration. The facility personnel administering medication to a resident shall record the administration in the resident's medical record. Medication errors and drug reactions must be reported to the resident's physician, physician assistant, or nurse…

44:73:08:08. Medication records. A facility shall use medication administration records and regularly check the record against the physician, physician assistant, or nurse practitioner's orders. Each medication administered must be recorded in the resident's medical record and si…

44:73:08:09. Administration of facility pharmacy. A facility with a full or part-time pharmacy shall have its pharmaceutical service directed by a licensed pharmacist accountable to the administration of the facility. Only prepackaged or single-dose-unit medications may be remove…

44:73:08:10. Stock of legend drugs prohibited -- Exception. A facility with a full-time or part-time pharmacist may stock medications in bulk form. The pharmacist shall supervise the procurement, storage, and dispensing of medications within the facility. A facility without a pha…

44:73:08:11. Controlled drugs kept for emergency use. A facility may keep controlled drugs for emergency use under the following circumstances: (1) The pharmacist supplying the controlled drugs maintains ownership and responsibility for the drugs, including a monthly physical inv…

44:73:08:12. Self-administration of drugs. A resident with the cognitive ability to perform self-administration may self-administer drugs. At least every three months, a registered nurse, or the resident's physician, physician assistant, or nurse practitioner shall determine and …

Rule 44:73:09:01 Repealed. 44:73:09:01. Record services 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 § 44:04:09:01, r…

44:73:09:01.01. Medical record. A facility shall have an organized medical record system. A facility shall maintain a medical record for each level of care for each resident admitted to the facility. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effect…

44:73:09:02. Medical record personnel. A facility shall have medical record functions performed by personnel trained and equipped to facilitate the accurate processing, checking, indexing, filing, and retrieval of all medical records. The individual responsible for the medical re…

44:73:09:03. Written policies and confidentiality of records. A facility shall have written policies and procedures for the medical record service that address the confidentiality and safeguarding of medical records, the record content, continuity of a resident's medical records …

44:73:09:04. Record content. The facility must ensure each medical record indicates the condition of the resident from the time of admission until discharge and that each medical record contains: (1) Identification data; (2) Consent forms, except when unobtainable, or in an emerg…

Rule 44:73:09:05 Authentication. 44:73:09:05. Authentication. A facility shall ensure entries to the medical record are signed or electronically authenticated. If the facility permits any portion of the medical record to be generated by electronic or optical means, policies and p…

44:73:09:06. Retention of medical records. A facility shall retain medical records for a minimum of ten years from the date of established resident care. The facility shall retain the records of a minor until the minor reaches the age of majority plus an additional two years, but…

44:73:09:07. Storage of medical records. A facility shall provide for filing, safe storage, and easy accessibility of medical records. The medical records must be preserved as original records or in another readily retrievable and reproducible form. Medical records must be protec…

44:73:09:08. Destruction of medical records. After the required retention period outlined in § 44:73:09:06, the facility may, at its discretion, destroy the medical record. Before the destruction of the medical record, the facility shall prepare and retain a resident index or abs…

44:73:09:09. Disposition of medical records on closure of facility or transfer of ownership. If a facility ceases operation, the facility must provide for safe storage and prompt retrieval of medical records and the resident indexes specified in § 44:73:09:06. The facility may ar…

Rule 44:73:10:01 Repealed. 44:73:10:01. Supportive 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; 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective Janua…

44:73:10:02. Activities program. The facility shall develop an individualized activities program that holistically meets the individual needs and interest of residents and maintains optimal levels of physical and psychosocial functioning of residents. Source: SL 1975, ch 16, § 1;…

Rule 44:73:10:03 Spiritual needs. 44:73:10:03. Spiritual needs. The facility shall provide for the spiritual needs of the residents. Resident requests to see a clergyman shall be honored. No specific religious beliefs or practices may be imposed on any resident contrary to the re…

44:73:10:04. Provision of social services. A facility shall provide or make arrangements to provide social services for each resident as needed. A staff social worker or social service designee is responsible to facilitate the provision of social services. The staff social worker…

44:73:10:05. Rehabilitation services. A facility shall provide rehabilitation services based on the needs of residents as identified in the comprehensive resident assessment specified in §§ 44:73:06:10. Source: 22 SDR 70, effective November 19, 1995; transferred from § 44:04:12:0…

44:73:11:01. Resident rights. Each facility shall establish and implement policies consistent with 42 C.F.R. § 483.10 (September 17, 2024) and this chapter to protect and promote the rights of each resident. Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective Novem…

44:73:11:02. 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…

44:73:11:03. Facility to provide information on available services, policies, and procedures. A facility shall provide the following information in writing to each resident or resident's legal representative: (1) A list of items and services available in the facility, the charges…