South Dakota Administrative Code

Rule 44:73:11:04 Notification when resident's condition changes. 44:73:11:04. 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Rule 44:73:11:05 Repealed. 44:73:11:05. Notification of resident's room assignment or rights change. Repealed. Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:17:05, repealed, 4…

Rule 44:73:11:06 Right to manage financial affairs. 44:73:11:06. Right to manage financial affairs. A resident may manage personal financial affairs. A facility may not require residents to deposit their personal funds with the facility. If the resident chooses to deposit funds w…

Rule 44:73:11:07 Repealed. 44:73:11:07. Choice in planning care. Repealed. Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:17:07, repealed, 42 SDR 51, effective October 13, 2015.

44:73:11:08. Privacy and confidentiality. A facility shall provide for privacy and confidentiality for the resident. A facility shall permit residents to: (1) Visit a spouse or significant other or, if both are residents of the same facility, share a room with the spouse or signi…

44:73:11:09. Quality of life. A facility shall provide care and an environment that contributes to the resident's quality of life. The facility shall provide: (1) A safe, clean, comfortable, and homelike environment; (2) Maintenance or enhancement of the resident's ability to pre…

44:73:11:10. Grievances. A resident's grievance may be in writing or oral and may relate to treatment furnished, treatment that has not been furnished, the behavior of other residents, and infringement of the resident's rights. A facility shall adopt a grievance process and make …

44:73:11:11. Availability of survey results. A facility shall provide a copy of any survey results from a department inspection, along with the corresponding plan of correction to a resident or other individual upon request. Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70…

44:73:11:12. Right to refuse to perform services. A resident may perform services for the facility when the following conditions are met: (1) The plan of care includes documentation of the need or desire for work; (2) The nature of the services performed is specified, including w…

44:73:11:13. Self-administration of drugs. Repealed. Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective…

44:73:11:14 Admission, transfer, and discharge policies. A facility shall establish and implement policies and procedures for admission, readmission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The facility shall notify each reside…

44:73:12:01. Application of chapter. The provisions of this chapter apply to any new facility and to any renovation, addition, or change in space use of currently licensed, existing facility. Each facility shall comply with NFPA 101 Life Safety Code, 2012 edition. Each facility p…

Rule 44:73:12:01.01 Repealed. 44:73:12:01.01. Application of chapter. 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; 38 SDR 115, effective January 9, 2012; transferred from §…

44:73:12:02. Administration department. The facility's administration department must include space for a business office, an administrator's office, a lobby, public and personnel toilet rooms, a director of nursing office, and a social service office. Source: SL 1975, ch 16, § 1…

44:73:12:03. Medical records unit. The facility's medical records unit must have a storage area for active and closed records and a work area. 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, …

44:73:12:04. Storage rooms. The facility shall have at least ten square feet, or 0.929 square meters, of central storage provided for each bed. General storage must be concentrated in one area in the facility, but up to fifty percent of the general storage space may be provided o…

44:73:12:05. Resident dining and recreation area. The facility must have a total area set aside for resident dining, recreation, and other central use areas of not be less than forty-five square feet, or 4.18 square meters, for each bed and each adult day care patient. The facili…

44:73:12:06. Outside area. Each memory care unit of a facility shall have an outdoor area that is enclosed by a fence for residents to access. The fence must extend to a minimum of six feet above grade level and be designed to be safe for resident contact. Hard surface walking pa…

44:73:12:07. Memory care unit locations. Any memory care unit must be located at grade level. Source: 31 SDR 62, effective November 7, 2004; transferred from § 44:04:15:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024. General Authority: SDCL 34-1…

44:73:12:08. Resident rooms. A resident room in the facility 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 one hundred twenty square feet…

44:73:12:09. Service area in care units. The facility shall ensure each care unit contains: (1) A nurse's station with convenient access to handwashing facilities; (2) Nurse's charting area; (3) Personnel communications area; (4) Storage for supplies and personnel's personal effe…

Rule 44:73:12:10 Repealed. 44:73:12:10. Social services office. Repealed. Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:03.01, 42 SDR 51, effective October 13, 2015.

44:73:12:11. Dietary department. A facility shall construct, equip, and install the dietary department in compliance with §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive. The installation of food service equipment must comply with § 44:73:12:12 unless the f…

44:73:12:12. Food preparation services and equipment. A facility shall ensure the dietary area is completely cleanable by conventional methods. The location and design of the dietary area must enable convenient handling of incoming supplies, preparation of meals, tray service, an…

44:73:12:13. Laundry. A facility shall provide a laundry with: (1) A soiled linen holding room with a storage capacity of one and three quarters square feet, or .1626 square meters, of floor area for each bed, to be used for storage, sorting, and weighing of soiled linen; (2) A l…

44:73:12:14. Personnel facilities. The facility shall provide a room for personnel containing lockers and a separate toilet room with a handwashing facility. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effectiv…

44:73:12:15. Engineering service and equipment areas. A facility shall have engineering service and equipment areas as follows: (1) A boiler room with two remote doors to the exit or exit access; (2) An engineer's office that may be combined with a maintenance shop; (3) Mechanica…

44:73:12:16. Corridor restrictions. A facility shall locate drinking fountains, telephone booths, fire extinguisher cabinets, and vending machines so that they do not project into the required width of exit corridors. Handrails installed in corridors must return to the wall at th…

Rule 44:73:12:17 Doors. 44:73:12:17. Doors. Any door to a resident room toilet or bathroom shall be equipped with hardware which will permit 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 hardw…

Rule 44:73:12:18 Repealed. 44:73:12:18. X ray protection. 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 § 44:04:13:13, repealed, 42 SDR 51, effective Octobe…

44:73:12:19. Ceiling heights. The height of ceilings of corridors, storage rooms, resident toilet rooms, and other minor rooms in a facility may not be less than seven feet, eight inches, or 2.34 meters. The height of ceilings of all other rooms may not be less than seven feet, t…

44:73:12:20. Insulation. The facility shall insulate and ventilate each boiler room, food preparation area, and laundry to prevent any floor surface above them from exceeding a temperature of eighty-five degrees Fahrenheit, or 29.4 degrees centigrade. All combustible insulation w…

Rule 44:73:12:21 Repealed. 44:73:12:21. Fire extinguisher equipment. 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; 29 SDR 81, effecti…

44:73:12:22. Floor surface finish. The facility shall ensure floors are easily cleanable and shall have the wear resistance appropriate for the location involved. Floors in kitchens and related spaces must be water-resistant. In all areas where floors are subject to wetting, the …

44:73:12:23. Wall and ceiling finish. The facility shall ensure all walls are washable. The finish of walls in the immediate area of plumbing fixtures must be protected from water damage. Wall bases in dietary areas must be free of spaces that can harbor insects. All dietary ceil…

44:73:12:24. Elevators. A facility shall have an electrical or electrohydraulic elevator if a resident's room, resident recreation or activity area, resident dining, dietary, laundry, central storage, or therapy room is located on a floor other than on the first floor. Each eleva…

Rule 44:73:12:25 Repealed. 44:73:12:25. Incinerators. 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 § 44:04:13:24, repealed, 42 SDR 51, effective October 13…

44:73:12:26. 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 …

44:73:12:27. Ventilating systems. The facility's ventilating systems must meet the following requirements: (1) All occupied areas of the building must maintain a minimum humidity level of fifteen percent relative humidity provided through the building central ventilation system; …

44:73:12:28. Filtration. A facility shall have a ventilation system using a recirculated central air system equipped with a minimum of two filter beds. Filter bed number one must be located upstream of the conditioning equipment and must have a minimum efficiency of thirty percen…

44:73:12:29. Ducts. The facility shall ensure its ducts are constructed of iron, steel, aluminum, or other approved metal or materials as defined in NFPA 101 Life Safety Code 2012 edition, section 32.3.6.2.1. Duct linings, coverings, vapor barriers, and the adhesives used for app…

44:73:12:30. Food service ventilation. A facility may use air from dining areas to ventilate the food preparation areas only after it has been passed through a filter with eighty-percent efficiency. Each exhaust hood in food preparation centers must have a minimum exhaust rate of…

Rule 44:73:12:31 Repealed. 44:73:12:31. Recirculated air systems. 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 § 44:04:13:32, repealed, 42 SDR 51, effectiv…

Rule 44:73:12:32 Plumbing fixtures. 44:73:12:32. Plumbing fixtures. The material used for plumbing fixtures shall be of nonabsorptive acid-resistant material. Each lavatory and sink required in resident care areas shall have the water supply spout mounted so that the discharge is…

44:73:12:33. Water supply systems. A facility shall ensure its water supply system supplies water to the fixtures and equipment on the facility's upper floors at a minimum pressure of fifteen pounds per square inch, or 1055.9 kilograms per square meter, during maximum demand peri…

Rule 44:73:12:34 Vacuum breakers. 44:73:12:34. Vacuum breakers. An antisiphon device or backflow preventer shall be installed on any hose bib and on any fixture to which hoses or tubing can be attached such as janitor sink, bedpan flushing attachment, and handheld shower. An anti…

44:73:12:35. Hot water systems. A facility shall ensure any hot water distribution system over fifty feet, or 15.24 meters, long recirculates to provide hot water at each fixture at all times. The hot water heating equipment must have sufficient capacity to supply water at the te…

44:73:12:36. Drainage systems. A facility shall ensure each drain line from a sink in which acid wastes may be poured is fabricated from an acid-resistant material. Any piping over a food preparation center, food serving facility, food storage area, and any other critical area mu…

Rule 44:73:12:37 Electrical distribution system. 44:73:12:37. 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 t…

44:73:12:38. Lighting. A facility shall provde artificial lighting approved by the department in any space occupied by people, machinery, or equipment within a building, approach to the building, and any parking lot. Each resident bedroom must have general lighting of at least te…