South Dakota Administrative Code

Rule 44:79:02:06 Handwashing facilities. 44:79:02:06. 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 44:79:02:07 Linen. 44:79:02:07. Linen. The hospice shall contract with a commercial laundry service or the laundry service of another licensed health care facility for all common use linens if laundry services are not provided on the premises. The facility shall process laun…

Rule 44:79:02:08 Infection control. 44:79:02:08. Infection control. The infection prevention and control program shall utilize the concept of standard precautions. Bloodborne pathogen control shall be maintained according to the requirements contained in 29 C.F.R. 1910.1030, July…

Rule 44:79:02:09 Refuse and waste disposal. 44:79:02:09. 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 44:79:02:10 Occupant protection. 44:79:02:10. Occupant protection. Each hospice 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 se…

Rule 44:79:02:11 Area requirements for currently licensed patient rooms. 44:79:02:11. Area requirements for currently licensed patient rooms. Each currently licensed hospice patient room shall have at least 120 square feet (11.15 square meters) of floor space per bed, exclusive o…

Rule 44:79:02:12 Location. 44:79:02:12. Location. The location of a hospice shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(1), (3), and…

Rule 44:79:02:13 Water supply. 44:79:02:13. 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. Private water supplies shall have a water sample b…

Rule 44:79:02:14 Other hazardous conditions. 44:79:02:14. Other hazardous conditions. A hospice 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 to…

Rule 44:79:03:01 Fire safety code requirements. 44:79:03:01. Fire safety code requirements. Each hospice 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). Law…

Rule 44:79:03:02 General fire safety. 44:79:03:02. General fire safety. Each hospice 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 panic during the period of …

Rule 44:79:03:03 Detached structures. 44:79:03:03. Detached structures. A detached structure or auxiliary building used for combustible storage or vehicle parking built adjacent to, but not directly attached to, a hospice shall either be separated from the facility by a minimum d…

Rule 44:79:04:01 Governing body. 44:79:04:01. 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 44:79:04:02 Administrator. 44:79:04:02. 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 44:79:04:03 Personnel. 44:79:04:03. Personnel. The hospice shall have a sufficient number of qualified personnel to provide effective and safe care. Written job descriptions and personnel policies and procedures shall be made available to personnel of all departments and ser…

Rule 44:79:04:04 Personnel training. 44:79:04:04. Personnel training. The hospice 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 fo…

Rule 44:79:04:05 Employee health program. 44:79:04:05. Employee health program. The hospice 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 diseas…

Rule 44:79:04:06 Tuberculin screening requirements. 44:79:04:06. 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 44:79:04:07 Admissions of patients. 44:79:04:07. Admissions of patients. The governing body of the hospice shall establish and maintain admission, transfer, and discharge policies, with written evidence to assure the patients admitted to and retained in the hospice are withi…

Rule 44:79:04:08 Care policies. 44:79:04:08. Care policies. Each hospice 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 44:79:04:09 Discharge planning. 44:79:04:09. Discharge planning. Each facility shall have policies and procedures for discharge planning. 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 44:79:04:10 Quality assessment. 44:79:04:10. Quality assessment. Each hospice shall provide for on-going evaluation of the quality of services provided to patients and families. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(5) and (14). Law …

Rule 44:79:05:01 Admissions. 44:79:05:01. Admissions. Each patient may be admitted only on the order of a physician. Prior to or upon admission of a patient, the attending physician shall provide the staff of the facility with documented information regarding current medical find…

Rule 44:79:05:02 Medical orders. 44:79:05:02. Medical orders. All medical orders shall be in writing or electronic format and signed by the physician. Verbal orders are for medications, treatment, interventions, or other patient care that are transmitted as oral, spoken communica…

Rule 44:79:05:03 Physician services for hospice patients. 44:79:05:03. Physician services for hospice patients. A facility shall provide or arrange for physician services, including emergencies once a patient elects hospice care. Source: 42 SDR 51, effective October 13, 2015. Gen…

Rule 44:79:05:04 Nursing policies and procedures. 44:79:05:04. Nursing policies and procedures. The hospice shall establish and maintain policies and procedures that provide the nursing staff with methods of meeting its administrative and technical responsibilities in providing c…

Rule 44:79:06:01 Dietetic services. 44:79:06:01. Dietetic services. The facility shall have an organized dietetic service that meets the nutritional needs of patients and ensures that food is stored, prepared, distributed, and served in a manner that is safe, wholesome, and sanit…

Rule 44:79:06:02 Food substitutions. 44:79:06:02. Food substitutions. The hospice 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 34…

Rule 44:79:06:03 Preparation of food. 44:79:06:03. 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…

Rule 44:79:06:04 Dietetic services. 44:79:06:04. Dietetic services. A person who is responsible to the administrator shall direct the dietetic services. At least one person shall successfully complete and possess a current certificate from a ServSafe Food Protection Program offer…

Rule 44:79:06:05 Nutritional assessments. 44:79:06:05. Nutritional assessments. A dietitian, nutritionist, or registered nurse shall ensure a nutritional assessment is completed on each new patient upon admission; any patient having a significant change in diet, eating ability, o…

Rule 44:79:06:06 Required dietary in-service training. 44:79:06:06. Required dietary in-service training. A dietitian, nutritionist, or registered nurse shall provide ongoing in-service training for all dietary and food-handling employees. Topics shall include: food safety, handw…

Rule 44:79:06:07 Dietary department. 44:79:06:07. Dietary department. Construction, equipment, and installation of the dietary department shall comply with or exceed the minimum standards in §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive, the Food Service …

Rule 44:79:07:01 Policies and procedures. 44:79:07:01. Policies and procedures. Each hospice shall establish and practice methods and procedures for medication control that include the following: (1) A requirement that each patient's prescribing physician provide to the facility …

Rule 44:79:07:02 Orders for medication required. 44:79:07:02. Orders for medication required. All medications or drugs administered to patients shall be ordered electronically or in writing and signed by the prescriber. Verbal orders are for medications, treatments, or other pati…

Rule 44:79:07:03 Medication therapy. 44:79:07:03. Medication therapy. The pharmacist shall review the patient's diagnosis, the drug regimen, and any pertinent laboratory findings and dietary considerations. The pharmacist shall report potential drug therapy irregularities and mak…

Rule 44:79:07:04 Storage and labeling of medications and drugs. 44:79:07:04. Storage and labeling of medications and drugs. All drugs or medications shall be stored in a well illuminated, locked storage area that is well ventilated, maintained at a temperature appropriate for dru…

Rule 44:79:07:05 Control and accountability of medications and drugs. 44:79:07:05. Control and accountability of medications and drugs. Medications brought from home may be used if ordered by the attending physician and, if prior to administration, is identified as the prescribed…

Rule 44:79:07:06 Documentation of drug disposal. 44:79:07:06. Documentation of drug disposal. Legend drugs not controlled under SDCL chapter 34-20B shall be destroyed or disposed of by a nurse and another witness. Destruction or disposal of medications controlled under SDCL chapt…

Rule 44:79:07:07 Medication administration. 44:79:07:07. Medication administration. Each medication administered shall be recorded in the patient's medical record and signed by the person responsible. Medication errors and drug reactions shall be reported to the patient's physici…

Rule 44:79:07:08 Medication records. 44:79:07:08. Medication records. Medication administration records shall be used and regularly checked against the physician's orders. Each medication administered shall be recorded in the patient's medical record and signed by the individual …

Rule 44:79:08:01 Medical record. 44:79:08:01. Medical record. There shall be an organized medical record system. A medical record shall be maintained for each patient admitted to the hospice. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(10). Law…

Rule 44:79:08:02 Written policies and confidentiality of records. 44:79:08:02. Written policies and confidentiality of records. There shall be written policies and procedures to govern the administration and activities of the medical record service. They shall include policies an…

Rule 44:79:08:03 Record content. 44:79:08:03. Record content. Each medical record shall show the condition of the patient from the time of admission until discharge and shall include the following: (1) Identification data; (2) Consent forms, except when unobtainable; (3) History …

Rule 44:79:08:04 Retention of medical records. 44:79:08:04. Retention of medical records. A hospice shall retain medical records for a minimum of six years from the actual visit date of service or patient care. The retention of the record for six years is not affected by addition…

Rule 44:79:08:05 Storage of medical records. 44:79:08:05. Storage of medical records. A hospice shall provide for filing, safe storage, and easy accessibility of medical records. The medical records shall be preserved as original records or in other readily retrievable and reprod…

Rule 44:79:08:06 Destruction of medical records. 44:79:08:06. Destruction of medical records. After the minimum retention period of six years from the actual date of care outlined in § 44:79:09:04, the medical record may be destroyed at the discretion of the facility. Before the …

Rule 44:79:08:07 Disposition of medical records on closure of facility or transfer of ownership. 44:79:08:07. Disposition of medical records on closure of facility or transfer of ownership. If a hospice ceases operation, the facility shall provide for safe storage and prompt retr…

Rule 44:79:09:01 Patients' rights policies. 44:79:09:01. Patients' rights policies. Each facility shall establish policies consistent with this chapter to protect and promote the rights of each patient. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-…

Rule 44:79:09:02 Facility to inform patient of rights. 44:79:09:02. Facility to inform patient of rights. Prior to or at the time of admission, a facility shall inform the patient, both orally and in writing, of the patient's rights and of the rules governing the patient's conduc…