South Dakota Administrative Code

Rule 44:73:12:39 Emergency electrical system. 44:73:12:39. Emergency electrical service. Each facility shall have a Type 2, Essential Electrical System in accordance with the National Fire Protection Association (NFPA 99 Health Care Facilities Code, 2012 Edition). Automatic emerg…

Rule 44:73:12:40 Receptacles or convenience outlets. 44:73:12:40. 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 luminaires and motorized beds, if used; and one receptac…

44:73:12:41. Staff call system. A facility shall provide a staff call system for resident use to summon assistance from staff. The system must be capable of being easily activated by the resident and must register both visually and audibly at the staff station. In a multicorridor…

Rule 44:73:12:42 Repealed. 44:73:12:42. Fire alarm 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 Repealed.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1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:45, repealed, 42 SDR 51, effective Octo…

Rule 44:73:12:43 Submittal of plans and specifications. 44:73:12:43. Submittal of plans and specifications. Plans and specifications for new construction shall be submitted to the department for evaluation of function and fire protection including concealed spaces. The department…

44:73:12:44. Pipe requirements. A facility shall ensure its piping system for potable water is 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 certif…

Rule 44:73:12:45 Detached structures. 44:73:12:45. Detached structures. A detached structure or auxiliary building used for combustible storage or vehicle parking built adjacent to, but not directly attached to, a health care facility shall either be separated from the facility b…

44:73:12:46. Water therapy facilities. A facility shall ensure each water therapy facility operated by the facility and used by any resident or the public, is designed, constructed, and maintained using the Recommended Standards for Swimming Pool Design and Operation document ava…

Rule 44:74:01:01 Definitions. 44:74:01:01. Definitions. Terms defined in SDCL 34-12-1.1 have the same meaning in this article. In addition, terms used in this article mean: (1) "Abuse," an intentional act toward an individual indicating that one or more of the following has occur…

Rule 44:74:01:02 Scope of article. 44:74:01:02. Scope of article. Nothing in article 44:74 limits or expands the rights of any healthcare worker to provide services within the scope of the professional's license, certification, or registration, as provided by South Dakota law. So…

Rule 44:74:02:01 Application of chapter. 44:74:02:01. Application of chapter. Facilities defined in SDCL 34-12-1.1 must comply with §§ 44:74:02:02 to 44:74:02:31, inclusive. Source: 21 SDR 118, effective January 2, 1995; transferred from § 44:04:18:01, 42 SDR 51, effective Octobe…

Rule 44:74:02:02 Employment of qualified nurse aides required. 44:74:02:02. Employment of qualified nurse aides required. Nurse aides shall meet the following minimum qualifications of training, competency evaluation, registry status, and performance: (1) Successful completion of…

Rule 44:74:02:03 Exception for employment of unqualified nurse aides. 44:74:02:03. Exception for employment of unqualified nurse aides. A facility may employ for a maximum of four months an individual to provide nurse aide duties who does not meet the qualifications of § 44:74:02…

Rule 44:74:02:04 Multistate registry verification required. 44:74:02:04. Multistate registry verification required. A facility shall seek information from every state registry that the facility has reason to believe has information on the individual before allowing the individual…

Rule 44:74:02:05 Facilities required to maintain records. 44:74:02:05. Facilities required to maintain records. A facility shall maintain employment records that verify the qualifications of the nurse aides as outlined in § 44:74:02:02. Source: 21 SDR 118, effective January 2, 19…

Rule 44:74:02:06 Nursing facility required to pay costs of tarining and competency evaluation. 44:74:02:06. Nursing facility required to pay costs of training and competency evaluation. A nursing facility shall pay all costs of nurse aide training and competency evaluation or rei…

Rule 44:74:02:07 Approval and reapproval of nurse aide training programs. 44:74:02:07. Approval and reapproval of nurse aide training programs. The department shall approve nurse aide training programs. To obtain approval, the entity providing the nurse aide training program shal…

Rule 44:74:02:08 Notice of change in approved training program. 44:74:02:08. Notice of change in approved training program. The entity offering an approved nurse aide training program shall submit to the department, within 30 days after the change, any substantive changes made to…

Rule 44:74:02:09 Denial or withdrawal of approval of training program. 44:74:02:09. Denial or withdrawal of approval of training program. The department may deny or withdraw approval of a nurse aide training program if one of the following conditions applies to the nursing facili…

Rule 44:74:02:10 Qualifications of program coordinator. 44:74:02:10. Qualifications of program coordinator. The program coordinator of a nurse aide training program shall be a registered nurse. The program coordinator is responsible for the general supervision of the program. Gen…

Rule 44:74:02:11 Qualifications of primary instructor. 44:74:02:11. Qualifications of primary instructor. The primary instructor of a nurse aide training program shall be a licensed nurse. The primary instructor is the actual teacher of course material. The primary instructor sha…

Rule 44:74:02:12 Qualifications of supplemental personnel. 44:74:02:12. Qualifications of supplemental personnel. Supplemental personnel may assist with the instruction of nurse aides. One year of experience in the individual's respective field of practice is required. Source: 21…

Rule 44:74:02:13 Supervision of students. 44:74:02:13. Supervision of students. A student in a nurse aide training program may not perform any services unless they have been trained and found to be proficient by the instructor. Students in a training program may perform services …

Rule 44:74:02:14 Physical facilities. 44:74:02:14. Physical facilities. Classrooms, conference rooms, laboratories, and equipment shall be available in the number and size to accommodate the number of nurse aides enrolled in the training program. Programs shall provide temperatur…

Rule 44:74:02:15 Nurse aide curriculum. 44:74:02:15. Nurse aide curriculum. The curriculum of the nurse aide training program shall address the medical, psychosocial, physical, and environmental needs of the patients or residents served by the nursing facility. Each unit of instr…

Rule 44:74:02:16 Equivalency of education. 44:74:02:16. Equivalency of education. An individual may meet the 75-hour training requirement by equivalency of education. A facility shall make a request to the department in writing for an equivalency determination, including proof of…

Rule 44:74:02:17 Nurse aide competency evaluation program standards. 44:74:02:17. Nurse aide competency evaluation program standards. A nurse aide competency evaluation program shall meet the following standards: (1) The nurse aide shall be informed by the facility that a record …

Rule 44:74:02:18 Competency evaluation program administration standards. 44:74:02:18. Competency evaluation program administration standards. The competency evaluation may be administered by a facility. The entity that administers competency evaluations shall meet the requirement…

Rule 44:74:02:19 Facility proctoring of examination. 44:74:02:19. Facility proctoring of examination. The written, oral, or skills demonstration examination may be conducted in a facility and proctored by facility personnel if the facility obtains department approval before givin…

Rule 44:74:02:20 Notification to individual regarding successful or unsuccessful completion of competency evaluation program. 44:74:02:20. Notification to individual regarding successful or unsuccessful completion of the competency evaluation program. The facility offering the ex…

Rule 44:74:02:21 Operation of nurse aide registry. 44:74:02:21. Operation of nurse aide registry. The department is accountable for the operation of the nurse aide registry and may designate an entity to maintain the registry. A nurse aide is listed on the registry through applic…

Rule 44:74:02:22 Registry status by application. 44:74:02:22. Registry status by application. A nurse aide seeking registry status shall submit to the department an application, completed by the program coordinator or primary instructor, documenting successful completion of an ap…

Rule 44:74:02:23 Registry status by endorsement. 44:74:02:23. Registry status by endorsement. A nurse aide seeking registry status by endorsement from another state registry shall submit to the department the following information: (1) A completed application; (2) Written documen…

Rule 44:74:02:24 Registry content. 44:74:02:24. Registry content. The registry contains the following information for each nurse aide who has gained registry status: (1) The full name of the nurse aide, including maiden name and any surnames used; (2) The last known home address;…

Rule 44:74:02:25 Renewal of certification. 44:74:02:25. Renewal of certification. Certification expires two years from the date of initial registration. To renew certification, the nurse aide shall submit to the department a verification of a minimum of 12 hours of training per y…

Rule 44:74:02:26 Grounds for revocation, denial, or suspension of nurse aide certification. 44:74:02:26. Grounds for revocation, denial, or suspension of nurse aide certification. The department may revoke, deny, or suspend a nurse aide's certification if the department determine…

Rule 44:74:02:27 Mandatory reporting of allegations. 44:74:02:27. Mandatory reporting of allegations. A facility licensed by the department shall notify the department in writing, within 48 hours, of any alleged misconduct by a nurse aide related to abuse or neglect of an individ…

Rule 44:74:02:28 Investigation of allegations. 44:74:02:28. Investigation of allegations. After an allegation of abuse, neglect, or misappropriation of resident property, the facility shall take steps to prevent further incidents of abuse, neglect, or misappropriation of resident…

Rule 44:74:02:29 Notice and hearing process. 44:74:02:29. Notice and hearing process. The department shall follow the contested case procedure found in SDCL chapter 1-26 if a hearing is conducted: (1) To determine if a nurse aide has engaged in abuse, neglect, or misappropriation…

Rule 44:74:02:30 Documentation of substantiated allegations on registry. 44:74:02:30. Documentation of substantiated allegations on registry. If, after a hearing on the matter, the nurse aide is found to have committed abuse, neglect, or misappropriation of resident property of a…

Rule 44:74:02:31 Procedure to remove of a finding of neglect from registry. 44:74:02:31. Procedure to remove of a finding of neglect from registry. A certified nurse aide may petition for a removal of a finding of neglect after one year beginning on the date on which the finding …

44:75:01:01. Definitions. Terms used in this article mean: (1) "Abuse," shown by a criminal conviction for, or substantial evidence of: (a) Emotional or psychological abuse as defined in SDCL 22-46-1; (b) Exploitation as defined in SDCL 22-46-1; or (c) Physical abuse as defined i…

44:75:01:02. Licensure of facilities by classification. Each health care facility shall identify its classification on the application for licensure. The license shall include each facility address at which services licensed under this chapter are provided. A facility shall compl…

44:75:01:02.01. Rural emergency hospital -- Services. A rural emergency hospital must provide emergency department services, observation care, outpatient medical care, and other health care services with a patient length of stay of less than twenty-four hours. A rural emergency h…

44:75:01:02.02. Rural emergency hospital -- Provider agreement. A rural emergency hospital shall have in effect a provider agreement with the Centers for Medicare and Medicaid Services. Source: 50 SDR 62, effective November 27, 2023. General Authority: SDCL 34-12-7, 34-12-13(5). …

44:75:01:03. Name of facility. Each facility shall use a pertinent and distinctive name in applying for a license. The facility name may not imply services rendered in excess of the facility's licensure classification. The governing body of the facility or designee must provide p…

44:75:01:04. Bed capacity. The department shall establish the bed capacity of each facility in accordance with chapters 44:75:13 and 44:75:14. The patient census may not exceed the bed capacity for which the facility is licensed. A request by the facility for an adjustment in bed…

44:75:01:05. Acceptance and retention of patients. A facility shall accept and retain patients based on the facility's capabilities to meet the needs of the patients, the services provided in accordance with the facility's classification as determined by the facility's governing …

Rule 44:75:01:06 Joint occupancy. 44:75:01:06. Joint occupancy. The use of a portion of a building for a purpose other than that covered by the license may be approved by the department only if it can be shown that joint occupancy is not detrimental to the welfare of the patients…

44:75:01:07. 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 patient; (2) An incident or even…