South Dakota Administrative Code

Rule 44:78:01:10 Scope of licensure inspections. 44:78:01:10. Scope of licensure inspections. Inpatient chemical dependency treatment facilities are Level III.7 medically-monitored intensive inpatient treatment programs providing services in accordance with article 46:05. The dep…

Rule 44:78:02:01 Sanitation. 44:78:02:01. 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 44:78:02:02 Cleaning procedures. 44:78:02:02. Cleaning procedures. The facility shall develop written procedures for cleaning all areas of the building. The building shall be maintained clean. Equipment and supplies shall be available for proper cleaning and disinfecting and…

Rule 44:78:02:03 Patient rooms. 44:78:02:03. Patient rooms. A patient room shall meet the following requirements: (1) The maximum room capacity is two patients. Patient rooms approved prior to January 1, 2001, are acceptable as approved; (2) The minimum clear floor area required …

Rule 44:78:02:04 Patient room furnishings. 44:78:02:04. Patient room furnishings. The facility shall provide the following furnishings for the patient rooms: (1) A sturdy, comfortable bed with an impervious cover on the mattress; (2) A pillow, two sheets, blanket, and bath towel;…

Rule 44:78:02:05 Care units. 44:78:02:05. Care units. The care unit shall contain the following features: (1) Staff work area with handwashing fixture, charting space, communication and security equipment, supply storage, and locked medication storage, including refrigerated stor…

Rule 44:78:02:06 Food service. 44:78:02:06. Food service. In-house dietary department areas and equipment shall meet sanitary storage, processing, and handling requirements of the Food Service Code. If a facility's food service is contracted out, the contractor shall be a license…

Rule 44:78:02:07 Laundry. 44:78:02:07. Laundry. Personal clothing shall be transported to the laundry equipment in a closed container. The facility shall process laundry following the laundry equipment and cleaning agent recommendations. If hot water is used for disinfection, all…

Rule 44:78:02:08 Storage. 44:78:02:08. Storage. A minimum of the 200 square feet of general supply storage shall be provided in a single room. If the patient capacity exceeds 25, an additional 200 square feet of storage shall be provided for each multiple of 25 patients. Source: …

Rule 44:78:02:09 Outside yard storage. 44:78:02:09. Outside yard storage. The facility shall provide storage space for yard equipment with an exterior building access or separate storage shed. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(3). Law…

Rule 44:78:02:10 Flooring. 44:78:02:10. Flooring. Flooring materials that are slip resistant shall be installed at the building main entry, dishwashing, and bathing areas. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(1) and (3). Law Implemented:…

Rule 44:78:02:11 Handwashing fixtures. 44:78:02:11. Handwashing fixtures. Hot and cold water shall be supplied through a mixing faucet controlled by a "hands free" operator. Each handwashing fixture shall be provided with a soap dispenser, hand dryers or protected single use towe…

Rule 44:78:02:12 Exhaust ventilation. 44:78:02:12. Exhaust ventilation. Electrically powered continuous exhaust ventilation shall be provided for soiled areas, wet areas, and toilet rooms at ten air changes each hour and shall be provided for storage rooms at two air changes each…

Rule 44:78:02:13 Waste disposal. 44:78:02:13. 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 shall be removed at a fr…

Rule 44:78:02:14 Ventilation. 44:78:02:14. Ventilation. The facility shall have general ventilation of two air changes each hour. The outside air supply shall be tempered to eliminate cold air from being introduced into occupied space. The supply air unit shall be equipped with o…

Rule 44:78:02:15 Heating and cooling. 44:78:02:15. Heating and cooling. The facility heating system shall be capable of maintaining a minimum temperature of 75 degrees Fahrenheit at winter design conditions. The building cooling system shall be capable of maintaining room tempera…

Rule 44:78:02:16 Hot water systems. 44:78:02:16. Hot water systems. The facility shall install a recirculating system to provide hot water to all fixtures. Equipment shall be installed to provide hot water at a temperature of 100 (38 degrees centigrade) to 125 degrees Fahrenheit …

Rule 44:78:02:17 Potable water. 44:78:02:17. Potable water. All plumbing used for distribution of potable water shall be maintained to minimize dead-end runs of piping. Before placing a potable water system into use and after repairs or modifications, the system shall be disinfec…

Rule 44:78:02:18 Water supply. 44:78:02:18. 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 44:78:02:19 Plumbing. 44:78:02:19. Plumbing. A facility'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 locations throughou…

Rule 44:78:02:20 Lighting. 44:78:02:20. Lighting. All building spaces, parking lots, and exit discharge routes shall be illuminated for general safety. Specific required lighting levels shall be provided for the following spaces: (1) Ten footcandles for general illumination; (2) …

Rule 44:78:02:21 Electrical convenience outlets. 44:78:02:21. Electrical convenience outlets. Electrical extension cords may not be used as a substitute for properly installed electrical receptacles. Power strips in business office areas and for entertainment centers may be used.…

Rule 44:78:02:22 Infection control. 44:78:02:22. Infection control. The facility shall develop policies to address cleaning of environmental surfaces, standard precautions, employee illness, and patient transfer to another health care facility. Chemicals used to sanitize, disinfe…

Rule 44:78:02:23 Occupant protection. 44:78:02:23. 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 44:78:02:24 Physical plant changes. 44:78:02:24. 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 44:78:02:25 Insect and rodent control. 44:78:02:25. Insect and rodent control. The facility shall take measures to effectively control the entry, presence, and breeding of vermin. All openings around pipe, conduit, and wiring or similar penetrations of the exterior wall shal…

Rule 44:78:02:26 Location. 44:78:02:26. Location. The location of the facility shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. The facility shall be served by good, passable roads. Easy accessibility for caregivers, …

Rule 44:78:02:27 Preventative maintenance. 44:78:02:27. Preventative maintenance. The facility shall develop and implement a written system of scheduled maintenance for building equipment, mechanical, and electrical systems. Source: 42 SDR 51, effective October 13, 2015. General …

Rule 44:78:02:28 Other hazardous conditions. 44:78:02:28. 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 44:78:02:29 Personnel training. 44:78:02:29. 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 44:78:03:01 Fire safety code requirements. 44:78:03:01. Fire safety code requirements. Each facility shall meet applicable fire safety standards in NFPA 101 Life Safety Code, 2000 edition. An automatic sprinkler system is not required in an existing facility unless significa…

Rule 44:78:03:02 General fire safety. 44:78:03:02. 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 44:78:03:03 Staffing exception. 44:78:03:03. Staffing exception. A staffing exception may be allowed as follows: (1) For each facility with 16 beds or less, one staff person who is awake is required if: (a) The facility fire alarm promptly alerts staff; (b) The facility is e…

Rule 44:78:03:04 Fire extinguishers. 44:78:03:04. Fire extinguishers. Fire extinguishers that are at least 2-A:10-B:C rated shall be installed for general building coverage at a rate of one for each 3,000 square feet and one additional 2-A:10-B:C rated extinguisher also located a…

Rule 44:78:03:05 New construction. 44:78:03:05. New Construction. The provisions of this section apply to each newly licensed inpatient chemical dependency treatment facility and to any renovation, addition, or change in space use of currently approved existing facility. Each new…

Rule 44:79:01:01 Definitions. 44:79:01:01. 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 44:79:01:02 Posting of license. 44:79:01:02. 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 44:79:01:03 Name of hospice. 44:79:01:03. Name of hospice. Each hospice 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 hospice may be give…

Rule 44:79:01:04 Bed capacity. 44:79:01:04. Bed capacity. The department shall establish the bed capacity of each hospice 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 44:79:01:05 Restrictions on acceptance of patients. 44:79:01:05. Restrictions on acceptance of patients. A hospice shall accept patients in accordance with the following restrictions: (1) The hospice facility shall be certified by the Centers for Medicare and Medicaid Servic…

Rule 44:79:01:06 Joint occupancy. 44:79:01:06. 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 44:79:01:07 Reports. 44:79:01:07. 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 44:79:01:08 Plans of correction. 44:79:01:08. Plans of correction. Within 10 days of the receipt of the statement of deficiencies, each hospice shall submit to the department a written plan of correction for the citation of noncompliance with licensure requirements. The plan…

Rule 44:79:01:09 Modifications. 44:79:01:09. Modifications. A modification to the staffing requirements provided in § 44:79:03:02 may be approved by the department for licensed hospices which are physically combined and jointly operated. The health and safety of the patient eithe…

Rule 44:79:01:10 Scope of article. 44:79:01:10. Scope of article. Nothing in article 44:79 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 44:79:02:01 Sanitation. 44:79:02:01. Sanitation. The hospice shall be designed, constructed, maintained, and operated to minimize the sources and transmission of infectious diseases to clients, personnel, visitors, and the community at large. Source: 42 SDR 51, effective Oct…

Rule 44:79:02:02 Pets. 44:79:02:02. Pets. No pet kept in or visiting a hospice 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 dis…

Rule 44:79:02:03 Cleaning methods and facilities. 44:79:02:03. Cleaning methods and facilities. The hospice shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, or disinfecting all work areas, equipment, utensils, and medical devic…

Rule 44:79:02:04 Chemicals used to sanitize, disinfect, or sterilize. 44:79:02:04. 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 44:79:02:05 Food service. 44:79:02:05. Food service. If an in-house food service is provided, the hospice 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. The ho…