South Dakota Administrative Code

44:75:15:13. Self-administration of medications. A patient may self-administer medication if the interdisciplinary team consisting of selected healthcare workers and licensed health professionals, has determined the self-administration to be safe. The determination must be in wri…

Rule 44:75:15:14 Admission, transfer, and discharge policies. 44:75:15:14. Admission, transfer, and discharge policies. A facility shall establish and maintain policies and practices for admission, discharge, and transfer of patients which prohibit discrimination based upon payme…

Rule 44:76:01:01 Definitions. 44:76:01:01. 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 44:76:01:02 Posting of license. 44:76:01:02. Posting of License. The most current license issued by the department shall be posted on the premises of the facility in a place conspicuous to the public. Each facility address shall show a current license. The license certificat…

Rule 44:76:01:03 Name of facility. 44:76:01:03. Name of facility. Each facility shall be designated by a pertinent and distinctive name that shall be used in applying for a license. The name may not be changed without first notifying the department in writing. No facility may be …

Rule 44:76:01:04 Facility capacity. 44:76:01:04. Facility capacity. The department shall establish the capacity of each facility pursuant to the physical plant and space provisions of this article. The patient census may not exceed the capacity for which the facility is designed.…

Rule 44:76:01:05 Restrictions on acceptance of patients. 44:76:01:05. Restrictions on acceptance of patients. A facility shall accept patients in accordance with the following restrictions: (1) A patient accepted for care by a licensed facility shall be treated within the facilit…

Rule 44:76:01:06 Joint occupancy. 44:76:01:06. 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…

Rule 44:76:01:07 Reports. 44:76:01:07. Reports. Each facility shall fax, email, or mail to the department the pertinent data necessary to comply with the requirements of all applicable administrative rules and statutes. Any incident or event where there is reasonable cause to sus…

Rule 44:76:01:08 Plans of corrections. 44:76:01:08. Plans of correction. Within 10 days of the receipt of the statement of deficiencies, each licensed facility shall submit to the department a written plan of correction for the citation of noncompliance with licensure requirement…

Rule 44:76:01:09 Scope of article. 44:76:01:09. Scope of article. Nothing in article 44:76 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 44:76:02:01 Sanitation. 44:76:02:01. 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 44:76:02:02 Pets. 44:76:02:02. 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 44:76:02:03 Cleaning methods and facilities. 44:76:02:03. 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 44:76:02:04 Chemicals used to sanitize, disinfect, or sterilize. 44:76:02:04. 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…

Rule 44:76:02:05 Sterilization. 44:76:02:05. Sterilization. Instruments, supplies, utensils and equipment which are not single service shall be decontaminated before sterilization in a manner that will make them safe for handling by personnel. Supplies and equipment commercially …

Rule 44:76:02:06 Housekeeping cleaning methods and equipment. 44:76:02:06. 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…

Rule 44:76:02:07 Food service. 44:76:02:07. Food service. Food services if provided shall meet the safety and sanitation procedures for food service in §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive, the Food Service Code. Any food service provided from an…

Rule 44:76:02:08 Handwashing facilities. 44:76:02:08. Handwashing facilities. Handwashing facilities consisting of hot and cold running water dispensed through a mixing faucet controlled with blade handles or other hands-free controls, a towel dispenser with single-service towels…

Rule 44:76:02:09 Linen. 44:76:02:09. Linen. The supply of linens and towels shall equal three times the number of post operative rooms. The facility shall have written procedures for the storage and handling of soiled and clean linens. The facility shall contract with a commercia…

Rule 44:76:02:10 Infection prevention and control. 44:76:02:10. Infection prevention and control. The infection prevention and control program shall utilize the concept of standard precautions. Bloodborne pathogen control shall be maintained according to the requirements containe…

Rule 44:76:02:11 Plumbing. 44:76:02:11. Plumbing. Facility plumbing systems shall be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1. Plumbing shall be sized, installed, and maintained to carry required quantities of water to required locations throughout t…

Rule 44:76:02:12 Water supply. 44:76:02:12. Water supply. The facility's water supply shall 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 shall have a water sampl…

Rule 44:76:02:13 Ventilation. 44:76:02:13. 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 44:76:02:14 Lighting. 44:76:02:14. 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. Required exits shall be equipped with continuous emergency li…

Rule 44:76:02:15 Refuse and waste disposal. 44:76:02:15. 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 44:76:02:16 Insect and rodent control. 44:76:02:16. 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 44:76:02:17 Sewage disposal. 44:76:02:17. 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,…

Rule 44:76:02:18 Occupant protection. 44:76:02:18. Occupant protection. Each facility shall 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 s…

Rule 44:76:02:19 Area requirements. 44:76:02:19. Area requirements. Each facility shall be constructed, equipped, and operated to maintain the privacy and dignity of all patients. In a multi-patient recovery room, each patient recovery area shall be able to be separated from the …

Rule 44:76:02:20 Physical plant changes. 44:76:02:20. Physical plant changes. A facility shall submit any proposed change by new construction, remodeling, or change of use of an area to the department. Any change shall have the approval of the department before it is made. Source…

Rule 44:76:02:21 Location. 44:76:02:21. Location. The location of facilities shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. Facilities shall be served by good, passable roads. Easy accessibility for employees, visit…

Rule 44:76:02:22 Heating and cooling. 44:76:02:22. Heating and cooling. The temperature in any occupied space in the facility shall be maintained between 68 and 80 degrees Fahrenheit during business hours. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-…

Rule 44:76:02:23 Other hazardous conditions. 44:76:02:23. Other hazardous conditions. A facility may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have a potential to cause injury or illness t…

Rule 44:76:03:01 Fire safety code requirements. 44:76:03:01. Fire safety code requirements. Each facility shall meet applicable fire safety standards in NFPA 101 Life Safety Code, 2000 edition. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(3). La…

Rule 44:76:03:02 General fire safety. 44:76:03:02. General fire safety. Each facility covered under this article shall 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…

Rule 44:76:04:01 Administrative management. 44:76:04:01. Administrative management. Each facility shall comply with §§ 44:76:04:02 to 44:76:04:12, inclusive. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(5). Law Implemented: SDCL 34-12-13(5).

Rule 44:76:04:02 Governing body. 44:76:04:02. 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 44:76:04:03 Medical staff. 44:76:04:03. Medical staff. A facility shall have a medical staff organized under bylaws and rules approved by the governing body and responsible to the governing body for the quality of all medical care provided patients in the facility and for th…

Rule 44:76:04:04 Administrator. 44:76:04:04. 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 …

Rule 44:76:04:05 Personnel. 44:76:04:05. Personnel. The facility shall have a sufficient number of qualified personnel to provide effective and safe care. Staff members on duty shall be awake at all times. Any supervisor shall be 18 years of age or older. Written job descriptions…

Rule 44:76:04:06 Personnel training. 44:76:04:06. Personnel training. The facility shall have a formal orientation program and an ongoing education program for all personnel. Ongoing education programs shall cover the required subjects annually. These programs shall include the f…

Rule 44:76:04:07 Employee health program. 44:76:04:07. Employee health program. The facility shall have an employee health program for the protection of the patients. All personnel shall be evaluated by a licensed health professional for freedom from reportable communicable disea…

Rule 44:76:04:08 Admissions of patients. 44:76:04:08. Admissions of patients. The governing body of the facility shall establish and maintain admission, assessment, transfer, and discharge policies, with written evidence to assure the patients admitted are within the licensure cl…

Rule 44:76:04:09 Disease prevention. 44:76:04:09. 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…

Rule 44:76:04:10 Tuberculin screening requirements. 44:76:04:10. Tuberculin screening requirements. Each facility shall develop criteria to screen healthcare workers for Mycobacterium tuberculosis (TB) based on the guidelines issued by Centers for Disease Control and Prevention. …

Rule 44:76:04:11 Care policies. 44:76:04:11. Care policies. Each facility shall 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'…

Rule 44:76:04:12 Transfer agreements. 44:76:04:12. Transfer agreements. Each ambulatory surgery center shall have in effect a transfer agreement with one or more hospitals to provide services not available on site. The agreement shall provide for an interchange of medical and oth…

Rule 44:76:04:13 Quality assessment. 44:76:04:13. Quality assessment. Each licensed facility shall provide for on-going evaluation of the quality of services provided to patients that includes any contract services. Components of the quality assessment evaluation shall include es…

Rule 44:76:04:14 Discharge planning. 44:76:04:14. Discharge planning. A facility shall have policies and procedures for discharge planning including the person responsible, members of the discharge planning team, a list of all area agencies and resources, and a description of the…