South Dakota Administrative Code

44:75:05:01. Admissions. Each patient admitted to a hospital may be admitted only on the order of a physician, physician assistant, or nurse practitioner. The patient's health care must continue under the supervision of a physician who is a member of the medical staff. Before or …

44:75:05:02. Medical orders. All medical orders, including verbal orders, must be in writing or electronic format and must be dated, timed, and authenticated promptly by the practitioner. Verbal orders may be taken only when there is an urgent need to initiate or change a medical…

44:75:05:03. Emergency physician coverage. A patient's physician shall arrange for the care of the patient by an alternate physician during the physician's unavailability. A hospital shall have one or more physicians on duty or call at all times and available to the hospital on-s…

Rule 44:75:05:04 Physician assistant, nurse practitioner, or clinical nurse specialist. 44:75:05:04. Physician assistant, nurse practitioner, or clinical nurse specialist. If the services of a physician assistant, nurse practitioner, or clinical nurse specialist are utilized, the…

Rule 44:75:05:05 Medical director required. 44:75:05:05. Medical director required. A facility shall appoint a physician licensed in South Dakota to serve as a medical director. The medical director shall ensure physician services are provided only by qualified caregivers. Source…

Rule 44:75:05:06 Physician services for hospice patients. 44:75:05:06. Physician services for hospice patients. A facility shall provide or arrange for physician services, including emergencies once a patient elects hospice care. Each patient shall designate an attending physicia…

44:75:06:01. Organized nursing service. A facility shall have an organized nursing service with a written organizational plan that delineates its functional structure. Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023. General Authority: SDCL 3…

44:75:06:02. Director of nursing service. A facility shall have a full-time registered nurse designated as the director of nursing service 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 du…

44:75:06:03. Nursing policies and procedures. The facility shall establish and maintain policies and procedures that assist the nursing staff with meeting its administrative and technical responsibilities in providing care to patients including: (1) The noting of diagnostic and t…

44:75:06:04. Patient care plans and programs. The facility shall provide nursing services that are safe and effective from the day of admission through the ongoing development and implementation of a written care plan for each patient. The care plan must address medical, physical…

44:75:06:05. Nursing service staffing. A hospital shall maintain sufficient personnel at all times to provide supervision of and nursing care for all patients. A registered nurse must be designated as charge nurse for each nursing care unit at all times. A critical access hospita…

44:75:06:06. Intermittent nursing care. Unlicensed personnel of a facility may not accept any delegated skilled tasks from any nonemployed, noncontracted nurse, physical therapist, occupational therapist, or speech-language pathologist. Source: 42 SDR 51, effective October 13, 20…

44:75:06:07. Hospice services. Each facility offering hospice services, as defined in § 44:79:01:01, shall provide services to a terminally ill individual or arrange for the services by a hospice program under a written plan established and periodically reviewed by the individual…

Rule 44:75:07:01 Dietetic services. 44:75:07:01. Dietetic services. The facility shall have an organized dietetic service that meets the daily nutritional needs of patients. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(8). Law Implemented: SDCL …

44:75:07:02. 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 five …

44:75:07:03. Nutritional adequacy. The dietetic service 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, 2020-2025, U.S. De…

Rule 44:75:07:04 Food substitutions. 44:75:07:04. Food substitutions. The facility shall offer reasonable substitutions of equal nutritional value to patients who refuse or are unable to eat the food served. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 3…

44:75:07:05. Food supply. The facility shall maintain an on-site supply of perishable and nonperishable foods adequate to meet the planned menus for three days. A facility shall maintain additional nonperishable foods as part of their emergency preparedness plan. A facility may u…

Rule 44:75:07:06 Therapeutic diets. 44:75:07:06. Therapeutic diets. In each facility the dietetic service shall provide for the needs of those patients requiring therapeutic diets. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(8). Law Implemented…

44:75:07:07. Social needs. Repealed. Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023.

44:75:07:08. Written dietetic policies. The facility shall develop written policies and procedures that govern all dietetic activities. Policies and procedures must include food handling procedures, length of duration for leftovers, and opened packages of commercially prepared fo…

44:75:07:09. Written menus. Any regular and therapeutic menu, including therapeutic diet menu extensions for all diets served in the facility, shall be written, prepared, and served as prescribed by each patient's physician, physician assistant, nurse practitioner, or dietitian. …

Rule 44:75:07:10 Preparation of food. 44:75:07:10. Preparation of food. Food shall be wholesome and prepared by methods that conserve nutritive value, flavor, and appearance and shall be attractively served at the temperature applicable to the particular food in a form to meet th…

44:75:07:11. Director of dietetic services. A general hospital, specialized hospital, or critical access hospital shall have a full time dietary manager who is responsible to the administrator to direct the dietetic services. Any dietary manager that has not completed a dietary m…

Rule 44:75:07:12 Hospitals without in-house dietary departments. 44:75:07:12. Hospitals without in-house dietary departments. Each hospital without an in-house dietary department shall develop and maintain a written contract or agreement for dietary services for the patients. The…

Rule 44:75:07:13 Diet manual. 44:75:07:13. Diet manual. A current therapeutic diet manual with description of all diets served in the facility shall be readily available in the facility to food service personnel, nursing service personnel, and practitioners. Source: 42 SDR 51, ef…

Rule 44:75:07:14 Frequency of meals. 44:75:07:14. Frequency of meals. Each facility shall serve at least three meals at regular times with not more than a 14-hour span between a substantial evening meal and breakfast. Source: 42 SDR 51, effective October 13, 2015. General Authori…

44:75:07:15. Feeding assistance. The facility shall provide feeding assistance for patients in need of help in eating. Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023. General Authority: SDCL 34-12-13(8). Law Implemented: SDCL 34-12-13.…

44:75:07:16. Nutritional screening and assessments. A licensed nurse or dietary manager must complete a nutritional screen upon each patient admission and make a referral to the dietitian of any patient: (1) With a significant change in diet, eating ability, or nutritional status…

44:75:07:17. Required dietary inservice training. The hospital's dietary manager or the dietitian shall provide ongoing inservice training for all dietary and food-handling personnel. The person-in-charge of any hospital that uses a food service establishment licensed in accordan…

44:75:08:01. Policies and procedures. Each facility shall establish and implement written policies and procedures for medication control that include: (1) A requirement that each patient's prescribing physician, physician assistant, or nurse practitioner provide to the facility e…

44:75:08:02. Written orders for medication required. All medications administered to patients must be ordered electronically or in writing and dated, timed, and authenticated by the prescriber. Verbal orders for medications or drugs may be taken only when there is an urgent need …

Rule 44:75:08:03 Repealed. 44:75:08:03. Medication therapy review. Repealed. Source: 42 SDR 51, effective October 13, 2015; 42 SDR 173, effective June 21, 2016.

44:75:08:04. 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, and inaccessible to patients and visitors at all times. Med…

44:75:08:05. Control and accountability of medications. A medication brought from a patient's home may be used if ordered by the attending physician, physician assistant, or nurse practitioner, and, if prior to administration, it is identified as the prescribed medication. Medica…

44:75:08:06. Documentation of medication disposal. A facility shall ensure that a legend drug not controlled under SDCL chapter 34-20B is destroyed or disposed of by a nurse and another witness. Destruction or disposal of medications controlled under SDCL chapter 34-20B must be w…

44:75:08:07. Medication administration. The healthcare personnel administering medication to a patient shall record the administration in the patient's medical record. Medication errors and drug reactions must be reported to the patient's physician, physician assistant, or nurse …

44:75:08:08. Medication records. A facility must use medication administration records and regularly check the record against the practitioner's orders. Each medication administered must be recorded in the patient's medical record and signed by the individual administering the me…

44:75:08:09. Administration of facility pharmacy. A facility with a licensed full or part-time pharmacy must have its pharmaceutical service directed by a licensed pharmacist accountable to the administration of the facility. Only prepackaged or a single dose drugs may be removed…

44:75:09:01. Medical record department. Each facility shall have an organized medical record system. Each facility shall maintain a medical record for each level of care for each patient admitted to the facility. Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective…

44:75:09:02. Medical record department personnel. Each 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 …

44:75:09:03. Written policies and confidentiality of records. Each 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 patient's medical record…

44:75:09:04. Record content. The facility must ensure each medical record shows the condition of the patient from the time of admission until discharge and must include: (1) Identification data; (2) Consent forms, except when unobtainable, or in an emergency; (3) Inpatient and ou…

Rule 44:75:09:05 Authentication. 44:75:09:05. 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…

44:75:09:06. Retention of medical records. A facility shall retain medical records for a minimum of ten years from the actual visit date of service or patient care. The retention of the record for ten years is not affected by additional and future visit dates. Records of minors m…

44:75:09:07. 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…

44:75:09:08. Destruction of medical records. After the required retention period outlined in § 44:75:09:06, the facility may, at its discretion, destroy the medical record. Before the destruction of the medical record, the facility must prepare and retain a patient index or abstr…

44:75:09:09. Disposition of medical records on closure of facility or transfer of ownership. If a facility ceases operation, the facility shall provide for safe storage and prompt retrieval of medical records and the patient indexes specified in § 44:75:09:08. The facility may ar…

44:75:10:01. Clinical laboratory services. Each hospital shall provide emergency laboratory services which are available twenty-four hours a day, seven days a week, including holidays. Laboratory examinations necessary for diagnosis and treatment of the patient must be performed …

Rule 44:75:10:02 Clinical pathology services. 44:75:10:02. Clinical pathology services. Each hospital laboratory shall have the services of a pathologist available within the facility or by arrangement. The pathologist shall examine tissues removed from hospital patients as outli…