South Dakota Administrative Code

Rule 44:77:01:01 Definitions. 44:77:01:01. 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 44:77:01:02 Licensure of adult foster care home. 44:77:01:02. Licensure of adult foster care home. Any license issued shall denote the adult foster care home and the homes address on the face of the license. The most current license issued by the department shall be posted o…

Rule 44:77:01:03 Name of adult foster care home. 44:77:01:03. Name of adult foster care home. Each adult foster care home 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 …

Rule 44:77:01:04 Bed capacity. 44:77:01:04. Bed capacity. The department shall establish the bed capacity of each facility pursuant to the physical plant and space provisions of this article. The resident census may not exceed the bed capacity for which the home is licensed. A re…

Rule 44:77:01:05 Criteria for licensed adult foster care home owners and adult foster care home applicants. 44:77:01:05. Criteria for licensed adult foster care home owners and adult foster care home applicants. Licensed adult foster care home owners shall meet the following crit…

Rule 44:77:01:06 Restrictions on accpetance and retaining of residents. 44:77:01:06. Restrictions on acceptance and retaining of residents. An adult foster care home shall accept and retain residents in accordance with the following restrictions: (1) A resident accepted for care …

Rule 44:77:01:07 Resident evaluation. 44:77:01:07. Resident evaluation. The facility shall ensure an evaluation of each resident's needs is documented at the time of admission, annually thereafter, and upon a resident's significant change, to determine if the facility can meet th…

Rule 44:77:01:08 Joint occupancy. 44:77:01:08. 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 resident…

Rule 44:77:01:09 Reports. 44:77:01:09. 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 44:77:01:10 Plans of correction. 44:77:01:10. Plans of correction. Within 10 days of the receipt of the statement of deficiencies, each facility shall submit to the department a written plan of correction for the citation of noncompliance with licensure requirements. The pla…

Rule 44:77:01:11 Scope of article. 44:77:01:11. Scope of article. Nothing in article 44:77 limits or expands the rights of any healthcare worker or caregiver to provide services within the scope of the professional's license, certification, or registration, as provided by South D…

Rule 44:77:02:01 Sanitation. 44:77:02:01. Sanitation. The facility shall be kept clean, neat, and free of litter and rubbish. Hazardous cleaning solutions, chemicals, and poisons shall be labeled, stored in a safe place, and kept in an enclosed cabinet. Garbage and refuse shall b…

Rule 44:77:02:02 Pets. 44:77:02:02. Pets. No pet kept in or visiting a facility may negatively affect the well-being of a resident. 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 d…

Rule 44:77:02:03 Cleaning methods and facilities. 44:77:02:03. Cleaning methods and facilities. The facility shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, or disinfecting all work areas, equipment, utensils, and medical devi…

Rule 44:77:02:04 Food service. 44:77:02:04. Food service. An adult foster care home 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, in the Food Service Code. The facility shall have the sp…

Rule 44:77:02:05 Nutrition requirements. 44:77:02:05. Nutrition requirements. A resident shall receive a minimum of three meals a day. Each meal shall include portions from each of the five basic food groups listed in the Myplate, "Dietary Guidelines for Americans," 2010, U.S. De…

Rule 44:77:02:06 Food quality - Storage. 44:77:02:06. Food quality -- Storage. Food shall be free from spoilage and contamination and shall be safe for human consumption. Fluid milk and fluid milk products used or served shall be pasteurized. Unless its identity is unmistakable, …

Rule 44:77:02:07 Linen. 44:77:02:07. Linen. The supply of bed linen and towels shall equal two times the licensed capacity. Each facility shall contract with commercial laundry services or the laundry service of another licensed health care facility for all common use linens if l…

Rule 44:77:02:08 Plumbing. 44:77:02:08. Plumbing. An adult foster care home's plumbing system 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 loca…

Rule 44:77:02:09 Water supply. 44:77:02:09. 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. Any private water supply shall have a water sample…

Rule 44:77:02:10 Occupant protection. 44:77:02:10. 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 44:77:02:11 Physical plant changes. 44:77:02:11. 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. A writ…

Rule 44:77:02:12 Insect and rodent control. 44:77:02:12. Insect and rodent control. An owner shall keep the home and premises free of rodents and insects. Any door or window used for outside ventilation shall have a screen. Source: 42 SDR 51, effective October 13, 2015. General A…

Rule 44:77:02:13 Location. 44:77:02:13. Location. The location of the facility shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. The home shall be served by good, passable roads. Easy accessibility for caregivers, visi…

Rule 44:77:02:14 Physical requirements of adult foster care homes. 44:77:02:14. Physical requirements of adult foster care homes. A facility shall meet the following physical requirements: (1) A minimum of 200 square feet of floor space shall be available to the resident. This fl…

Rule 44:77:02:15 Heating and cooling. 44:77:02:15. Heating and cooling. The temperature in any occupied space in the facility shall be maintained between 68 and 80 degrees Fahrenheit (20 and 26.7 degrees Celsius) during waking hours and not lower than 64 degrees Fahrenheit (17.8 …

Rule 44:77:02:16 Reasonable accommodations. 44:77:02:16. Reasonable accommodations. Accessible and usable accommodations shall be available to meet the needs of the resident with disabilities. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(1). Law…

Rule 44:77:02:17 Other hazardous conditions. 44:77:02:17. 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 the potential to cause injury or illness…

Rule 44:77:03:01 General fire safety. 44:77:03:01. General fire safety. Each facility shall meet the applicable fire safety standards of One- and Two- Family Dwellings in the Life Safety Code in NFPA 101 Life Safety Code, 2000 edition. Each facility shall be constructed, arranged…

Rule 44:77:03:02 Evacuation plan - Fire drills. 44:77:03:02. Evacuation plan - Fire drills. A facility shall have an evacuation plan. The home owner shall conduct and document a minimum of four fire drills each year. Source: 42 SDR 51, effective October 13, 2015. General Authorit…

Rule 44:77:03:03 Exits. 44:77:03:03. Exits. There shall be two exits remote from each other on each level used for the care of a resident. Each of these exits shall provide unobstructed travel to the outside. One of these exits shall be a door or stairway leading to the outside o…

Rule 44:77:03:04 New construction. 44:77:03:04. New construction. The provisions of this section apply to all newly licensed adult foster care homes and to any renovation, addition, and change in space use of currently approved existing homes. Each facility shall comply with NFPA…

Rule 44:77:03:05 Ventilation. 44:77:03:05. Ventilation. Electrically powered exhaust ventilation shall be provided in all newly constructed or renovated toilet rooms. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(3). Law Implemented: SDCL 34-12-1…

Rule 44:77:04:01 Owner. 44:77:04:01. Owner. The facility owner is responsible for the daily overall operation of the home. The owner shall notify the department in writing of any change of ownership. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(…

Rule 44:77:04:02 Presence of the adult foster care home owner. 44:77:04:02. Presence of the adult foster care home owner. The facility owner shall be present according to the needs of the resident as documented in the resident evaluation. The facility owner may arrange for an alt…

Rule 44:77:04:03 Caregivers. 44:77:04:03. Caregivers. The facility shall have sufficient caregivers to provide effective and safe supervision, support, and care. The home may not knowingly employ any person with a conviction for abusing another person. Source: 42 SDR 51, effectiv…

Rule 44:77:04:04 Caregiver training. 44:77:04:04. Caregiver training. Each facility shall have an orientation and ongoing education program for all caregivers. The education program shall include the following subjects: (1) Fire prevention and response; (2) Emergency procedures a…

Rule 44:77:04:05 Caregiver health. 44:77:04:05. Caregiver health. The facility may not allow anyone with a communicable disease, during the period of communicability, to work in a capacity that would allow spread of the disease. A caregiver with a reportable communicable disease …

Rule 44:77:04:06 Personal care and health supervision. 44:77:04:06. Personal care and health supervision. The facility owner or a caregiver shall provide continuous care for the resident and shall be cooperative with the department in carrying out the plan for the resident. The f…

Rule 44:77:05:01 Medication labeling, storage, and disposal. 44:77:05:01. Medication labeling, storage, and disposal. The requirements for medications in adult foster care homes include the following: (1) Medications and biologicals kept in the facility shall be labeled with the …

Rule 44:77:05:02 Resident records. 44:77:05:02. Resident records. The facility shall maintain the confidentiality and safeguarding of resident records. A facility shall retain resident records for a minimum of ten years from the actual visit date of service or resident care. Afte…

Rule 44:78:01:01 Definitions. 44:78:01:01. 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 44:78:01:02 Licensure of inpatient chemical dependency treatment facilities. 44:78:01:02. Licensure of inpatient chemical dependency facility. Any license issued shall denote the name of the facility and the facility address on the face of the license. The license shall incl…

Rule 44:78:01:03 Name of facility. 44:78:01:03. 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 44:78:01:04 Bed capacity. 44:78:01:04. Bed capacity. The department shall establish the bed capacity of each facility pursuant to the physical plant and space provisions of this article. The patient census may not exceed the bed capacity for which the facility is licensed. A…

Rule 44:78:01:05 Joint occupancy. 44:78:01:05. 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 44:78:01:06 Reports. 44:78:01:06. 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 44:78:01:07 Plans of correction. 44:78:01:07. Plans of correction. Within 10 days of the receipt of the statement of deficiencies, each facility shall submit to the department a written plan of correction for a citation of noncompliance with licensure requirements. The plan …

Rule 44:78:01:08 Modifications. 44:78:01:08. Modifications. A modification specified by this section may be requested in writing by the facility. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(5) and (14). Law Implemented: SDCL 34-12-13(5) and (14…

Rule 44:78:01:09 Scope of article. 44:78:01:09. Scope of article. Nothing in article 44:78 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…