South Dakota Administrative Code

44:75:01:07.01. Reports to the Department of Human Services, law enforcement, or state's attorney. A facility shall report an event involving any reasonable cause to suspect abuse or neglect of any patient by any person within twenty-four hours of the discovery of the event, oral…

44:75:01:08. Plans of correction. Within ten days of the receipt of the statement of deficiencies, each 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 signe…

44:75:01:09. Modifications. The department may approve modifications to the staffing requirements provided in § 44:75:03:02 or 44:75:06:05 for facilities that are physically combined and jointly operated if: (1) A hospital and nursing facility are co-located and the nursing facil…

44:75:01:10. Scope of article. Nothing in article 44:75 limits or expands the rights of any healthcare personnel to provide services within the scope of the personnel's license, certification, or registration, as provided by law. Source: 42 SDR 51, effective October 13, 2015; 50 …

Rule 44:75:02:01 Sanitation. 44:75:02:01. Sanitation. The facility shall be designed, constructed, maintained, and operated to minimize the sources and transmission of infectious diseases to patients, personnel, visitors, and the community at large. This requirement shall be acco…

Rule 44:75:02:02 Pets. 44:75:02:02. Pets. No pet kept in or visiting a facility may negatively affect the well-being of a patient. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(1). Law Implemented: SDCL 34-12-13(1). Cross-Reference: Physically di…

Rule 44:75:02:03 Cleaning methods and facilities. 44:75:02:03. 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 44:75:02:04 Chemicals used to sanitize, disinfect, or sterilize. 44:75:02:04. 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…

44:75:02:05. Sterilization. A facility shall decontaminate any instruments, supplies, utensils and equipment that are not single service before sterilization in a manner that will make them safe for handling by personnel. Supplies and equipment commercially prepared and sterilize…

Rule 44:75:02:06 Housekeeping cleaning methods and equipment. 44:75:02:06. Housekeeping cleaning methods and equipment. The facility shall establish written housekeeping procedures for the cleaning of all areas in the facility and copies made available to all housekeeping personn…

44:75:02:07. Food service. Food service must be provided by a facility or food service establishment licensed in accordance with SDCL chapter 34-18, that is inspected by a local, state, or federal agency. The facility shall meet the safety and sanitation procedures for food servi…

44:75:02:08. Handwashing facilities. A handwashing facility consisting 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 wall-mounted hand…

44:75:02:09. 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 shall contract with a commercial la…

44:75:02:10. Infection prevention and control program. Each facility shall have an active, facility-wide program for the surveillance, prevention, and control of healthcare-associated infections and other infectious disease. The program must demonstrate adherence to nationally re…

44:75:02:10.01. Antibiotic stewardship program. Each facility shall have an active facility-wide program for the optimization of antibiotic use through stewardship. The program must demonstrate adherence to nationally recognized best practices for improving antibiotic use and red…

44:75:02:11. Plumbing. Facility plumbing systems must be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1. Plumbing must be sized, installed, and maintained to carry required quantities of water to required locations throughout the facility. Source: 42 SDR 5…

44:75:02:12. 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…

44:75:02:12.01. Water supply -- Control of Legionella. Each water supply system in a facility must maintain one part per million free residual chlorine at remote point-of-use fixtures in the facility, or other equivalent bacteriological control method for the control of Legionell…

Rule 44:75:02:13 Ventilation. 44:75:02:13. Ventilation. Electrically powered exhaust ventilation shall be provided 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-ha…

Rule 44:75:02:14 Lighthing. 44:75:02:14. 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. Patient bedrooms shall have general lighting and night light…

Rule 44:75:02:15 Refuse and waste disposal. 44:75:02:15. Refuse and waste disposal. Garbage, refuse, and waste shall be handled and disposed of in a safe and sanitary manner. Final disposal of all refuse and waste shall comply with articles 74:27 and 74:28. Putrescible garbage sh…

Rule 44:75:02:16 Insect and rodent control. 44:75:02:16. 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 44:75:02:17 Sewage disposal. 44:75:02:17. 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 the provisions of SDCL chapter 34A-2. Source: 42 SDR 51, effective October 13,…

44:75:02:18. 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 …

44:75:02:19. Area requirements for currently licensed patient rooms. Each licensed patient 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, in a multi-bed room exclusive of closets…

44:75:02:20. Room required for isolation techniques. When an authorized healthcare personnel determines isolation is required, the facility must provide a private room with necessary equipment, including handwashing facilities, to carry out isolation techniques. The room must hav…

Rule 44:75:02:21 Office required for social services activities. 44:75:02:21. Office required for social services activities. An office which is large enough to accommodate private consultation and record keeping and which is easily accessible to patients shall be provided for so…

44:75:02:22. 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: 42 SDR 51, effective October 13, 201…

Rule 44:75:02:23 Location. 44:75:02:23. Location. The location of and access to facilities shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. A facility shall be served by good, passable roads. Easy accessibility for em…

44:75:02:24. Heating and cooling. The temperature in any occupied space in the facility must be maintained between sixty-eight and eighty degrees Fahrenheit during waking hours and not lower than sixty-four degrees Fahrenheit during sleeping hours. Individual patient space may be…

44:75:02:25. Seclusion rooms. A facility must arrange each seclusion room for the safety of the patient and to prevent patient hiding, escape, injury, or suicide. The room must be without sharp corners. The room door must swing out of the patient room, but not into a general traf…

44:75:03:01. Fire safety code requirements. A facility shall meet applicable fire safety standards in NFPA 101 Life Safety Code, 2012 edition, chapters 18 and 19. Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023; 51 SDR 53, effective November …

44:75:03:02. 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 44:75:04:01 Governing body. 44:75:04:01. 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 44:75:04:02 Hospital medical staff. 44:75:04:02. Hospital medical staff. A hospital shall have a medical staff organized under bylaws and rules approved by the governing body and responsible to the governing body of the hospital for the quality of all medical care provided p…

Rule 44:75:04:03 Administrator. 44:75:04:03. Administrator. The governing body shall designate a qualified administrator to represent the owner or governing body and to be responsible for the daily overall management of the facility. The administrator shall designate a qualified …

44:75:04:04. 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…

44:75:04:05. Personnel training. The facility shall have a formal orientation program and an ongoing education program for all healthcare personnel. These programs must be completed by all healthcare personel within thirty days of hire and annually thereafter, and must include th…

44:75:04:06. Personnel health program. The facility shall have a personnel health program for the protection of the patients. Before assignment to duties or within fourteen days after employment, personnel must be evaluated by a licensed health professional to ensure they are not…

Rule 44:75:04:07 Admissions of patients. 44:75:04:07. Admissions of patients. The governing body of the facility shall establish and maintain admission, transfer, and discharge policies, with written evidence to ensure the patients admitted to and retained in the facility are wit…

Rule 44:75:04:08 Disease prevention. 44:75:04:08. Disease prevention. Each facility shall provide an organized infection control program for preventing, investigating and controlling infection. The facility shall establish written policies regarding visitation in the various serv…

44:75:04:09. Tuberculin screening and testing requirements. Each facility shall develop criteria to screen healthcare personnel for Mycobacterium tuberculosis (TB) based on the Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the …

44:75:04:09.01. TB education for healthcare personnel. All healthcare personnel shall receive Mycobacterium tuberculosis (TB) education annually. TB education must include information on TB risk factors, the signs and symptoms of TB disease, and TB infection control policies and …

44:75:04:10. Care policies. Each facility must 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 patients' needs. Source: 42 SDR 51, effect…

44:75:04:11. Secured units. A facility shall comply with the following provisions: (1) A physician's, physician assistant's, or nurse practitioner's order for confinement that includes medical symptoms that warrant seclusion or placement must be documented in the patient's chart …

44:75:04:12. Restraints. Each facility must have written policies and procedures for all restraint use, including emergency restraints, bedrails, and locked doors. The use of restraints must be based on a comprehensive assessment of the patient's physical and cognitive abilities,…

44:75:04:12.01. Seclusion. Each facility shall have written policies and procedures for all seclusion use. The use of seclusion must be based on a comprehensive assessment of the patient’s behaviors to prevent harm to self and others. Seclusion use requires a physician’s, physici…

44:75:04:13. Transfer agreements. Each specialized hospital, critical access hospital, and rural emergency hospital must have a transfer agreement with one or more hospitals to provide services not available on site or each physician, physician assistant, or nurse practitioner mu…

44:75:04:14. Quality assessment and performance improvement program. Each facility shall develop and implement a facility-wide, data-driven quality assessment and performance improvement program that reflects the complexity of the facility and focuses on indicators related to imp…

44:75:04:15. Discharge planning. A facility must have an effective discharge planning process that includes the patient and the patient’s caregiver or support person as active partners for post-discharge care. The discharge planning process and discharge plan must: (1) Be consist…