South Dakota Administrative Code

Rule 44:79:09:03 Facility to provide information on available services. 44:79:09:03. Facility to provide information on available services. A facility shall provide the following information in writing to each patient: (1) A list of services available in the facility and the char…

Rule 44:79:09:04 Notification when patient's condition changes. 44:79:09:04. Notification when patient's condition changes. A facility shall immediately inform the patient, consult with the patient's physician and, if known, notify the patient's legal representative or interested…

Rule 44:79:09:05 Choice in planning care. 44:79:09:05. Choice in planning care. A patient may choose a personal attending physician, be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the patient's well-being, and, u…

Rule 44:79:09:06 Privacy and confidentiality. 44:79:09:06. Privacy and confidentiality. A facility shall provide for privacy and confidentiality for the patient, including the patient's accommodations, medical treatment, written and telephone communications, personal care, visits…

Rule 44:79:09:07 Availability of survey results. 44:79:09:07. Availability of survey results. Survey results, along with the corresponding Plan of Correction shall be provided to residents and individuals upon request. Source: 42 SDR 51, effective October 13, 2015. General Author…

Rule 44:79:09:08 Admission, transfer, and discharge policies. 44:79:09:08. Admission, transfer, and discharge policies. A facility shall establish and maintain policies and practices for admission, discharge, and transfer of patients that prohibit discrimination based upon paymen…

Rule 44:79:10:01 Application of chapter. 44:79:10:01. Application of chapter. The provisions of this chapter apply to any new facility and to any renovation, addition, or change in space use of currently approved existing facility. Accessible and usable accommodations shall be av…

Rule 44:79:10:02 Administrative space. 44:79:10:02. Administrative space. The administrative area shall consist of an office, lobby, and public and staff toilet rooms. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(3). Law Implemented: SDCL 34-12-…

Rule 44:79:10:03 Medical records storage. 44:79:10:03. Medical records storage. The medical records shall include active and closed record storage and a work area. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(3). Law Implemented: SDCL 34-12-13(3…

Rule 44:79:10:04 Storage rooms. 44:79:10:04. Storage rooms. There shall be at least 10 square feet (0.929 square meters) of central storage provided for each bed. General storage shall be concentrated in one area in the facility, but up to 50 percent of the general storage space …

Rule 44:79:10:05 Patient dining and lounge area. 44:79:10:05. Patient dining and lounge area. The total areas set aside for patient dining, lounge, and other central use areas may not be less than 40 square feet (4.18 square meters) for each bed. Source: 42 SDR 51, effective Octo…

Rule 44:79:10:06 Patient rooms. 44:79:10:06. Patient rooms. A patient room shall meet the following requirements: (1) A maximum room capacity is one patient; (2) A minimum area, exclusive of toilet rooms, closets, lockers, wardrobes, or vestibules, of 150 square feet (13.98 squar…

Rule 44:79:10:07 Family room. 44:79:10:07. Family room. An attached living space for the patient's family shall be 150 square feet (13.94 meters) and shall be equipped with comfortable seating and sleeping accommodations. Provisions shall be made for patient privacy at the adjoin…

Rule 44:79:10:08 Service area in care units. 44:79:10:08. Service area in care units. Each care unit shall contain following: (1) Staff station work area with handwashing fixture, charting space, communication and security equipment, supply storage, and locked medication storage,…

Rule 44:79:10:09 Food preparation services and equipment. 44:79:10:09. Food preparation services and equipment. The dietary area shall be completely cleanable by conventional methods. The location and design of the dietary area shall enable convenient handling of incoming supplie…

Rule 44:79:10:10 Laundry. 44:79:10:10. Laundry. Equipment for processing an individual patient's personal clothing shall be provided. All common use linens and combined patients' personal clothing must be processed for disinfecting. The laundry shall contain an area for soiled li…

Rule 44:79:10:11 Engineering service and equipment areas. 44:79:10:11. Engineering service and equipment areas. The requirements for engineering service and equipment areas for each facility shall include an area for maintenance supplies and a yard equipment storage room or exter…

Rule 44:79:10:12 Corridor restrictions. 44:79:10:12. Corridor restrictions. Drinking fountains, fire extinguisher cabinets, and vending machines shall be located so they do not project into the required width of exit corridors. Handrails shall be installed with top 34 to 38 inche…

Rule 44:79:10:13 Doors. 44:79:10:13. Doors. Any door to a patient room toilet or bathroom shall be equipped with hardware which will permit access in any emergency. A pocket or sliding door may not be installed except on a clothes closet or restroom in a patient room. Any hardwar…

Rule 44:79:10:14 Floor surface finish. 44:79:10:14. Floor surface finish. Floors shall be easily cleanable and shall have the wear resistance appropriate for the location involved. Floors in kitchens and related spaces shall be water-resistant. All areas where floors are subject …

Rule 44:79:10:15 Wall and ceiling finish. 44:79:10:15. Wall and ceiling finish. Walls shall be washable, and in the immediate area of plumbing fixtures the finish shall be protected from water damage. Wall bases in dietary areas shall be free of spaces that can harbor insects. Al…

Rule 44:79:10:16 Ventilating systems. 44:79:10:16. Ventilating systems. The ventilating systems shall maintain temperatures total air changes as follows: (1) For all other occupied areas, the facility shall be able to maintain a minimum temperature of 75 degrees Fahrenheit (23.9 …

Rule 44:79:10:17 Plumbing fixtures. 44:79:10:17. Plumbing fixtures. The material used for plumbing fixtures shall be of nonabsorptive acid-resistant material. Each lavatory and sink required in patient care areas shall have the water supply spout mounted so that the discharge is …

Rule 44:79:10:18 Water supply systems. 44:79:10:18. Water supply systems. Each water supply systems shall supply water to the fixtures and equipment on the upper floors at a minimum pressure of 15 pounds a square inch (1055.9 kilograms a square meter) during maximum demand period…

Rule 44:79:10:19 Vacuum breakers. 44:79:10:19. Vacuum breakers. An antisiphon device or backflow preventer shall be installed on any hose bib and on any fixture to which hoses or tubing can be attached such as janitor sink, bedpan flushing attachment, and handheld shower. An anti…

Rule 44:79:10:20 Hot water systems. 44:79:10:20. Hot water systems. The facility shall install a recirculating system to provide hot water to all fixtures. The hot water heating equipment shall have sufficient capacity to supply water at the temperature and amounts to meet the ne…

Rule 44:79:10:21 Drainage systems. 44:79:10:21. Drainage systems. Any piping over a food preparation center, food serving facility, food storage area, and any other critical area shall be kept to a minimum and may not be exposed. Special precautions shall be taken to protect thes…

Rule 44:79:10:22 Piping requirements. 44:79:10:22. Pipe requirements. Before placing potable water systems in service, the piping system shall be disinfected in accordance with the South Dakota Plumbing Commission standards in article 20:54 and certification shall be available fr…

Rule 44:79:10:23 Electrical distribution system. 44:79:10:23. Electrical distribution system. All material including equipment, conductors, controls, and signaling devices shall be installed to provide a complete electrical system with the necessary characteristics and capacity t…

Rule 44:79:10:24 Lighting. 44:79:10:24. Lighting. Each patient bedroom shall have general lighting of at least ten footcandles (0.929 lumens per square meter) and night lighting. If task illumination is required, a light with an intensity of at least 30 footcandles (2.79 lumens p…

Rule 44:79:10:25 Emergency electrical service. 44:79:10:25. Emergency electrical service. Each facility shall have a Type 2, Essential Electrical System in accordance with the National Fire Protection Association (NFPA 99 Health Care Facilities Code, 2012 Edition). Automatic emer…

Rule 44:79:10:26 Staff call system. 44:79:10:26. Staff call system. A staff call system shall be provided for patient use to summon assistance from staff. The system shall be capable of being easily activated by the patient and shall register both visually and audibly at the staf…

Rule 44:79:10:27 Submittal of plans and specifications. 44:79:10:27. Submittal of plans and specifications. Plans and specifications for new construction shall be submitted to the department for evaluation of function and fire protection. The department's approval shall be obtain…

Rule 44:80:01:01 Definitions. 44:80:01:01. 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 44:80:01:02 Posting of license. 44:80:01:02. 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 44:80:01:03 Name of hospice. 44:80:01:03. Name of hospice. 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 gi…

Rule 44:80:01:04 Bed capacity. 44:80:01:04. 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 shall not exceed the bed capacity for which the facility is licensed…

Rule 44:80:01:05 Restrictions on acceptance of residents. 44:80:01:05. Restrictions on acceptance of residents. A facility shall accept residents in accordance with the following restrictions: (1) The facility shall ensure hospice services are provided to residents by a Medicare …

Rule 44:80:01:06 Joint occupancy. 44:80:01:06. 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 resident…

Rule 44:80:01:07 Reports. 44:80:01:07. 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 44:80:01:08 Plans of correction. 44:80:01:08. 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 44:80:01:09 Modifications. 44:80:01:09. Modifications. A modification to the staffing requirements provided in § 44:80:03:02 may be approved by the department for a licensed residential hospice which is physically combined and jointly operated. The health and safety of the r…

Rule 44:80:01:10 Scope of article. 44:80:01:10. Scope of article. Nothing in article 44:80 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 44:80:02:01 Sanitation. 44:80:02:01. Sanitation. The facility 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 Oc…

Rule 44:80:02:02 Pets. 44:80:02:02. 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 44:80:02:03 Cleaning methods and facilities. 44:80:02:03. 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 44:80:02:04 Chemicals used to sanitize or disinfect. 44:80:02:04. Chemicals used to sanitize or disinfect. The label of chemicals used to sanitize or disinfected shall indicate registration with the Environmental Protection Agency as effective, safe, and approved for their i…

Rule 44:80:02:05 Housekeeping cleaning methods and equipment. 44:80:02:05. 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 44:80:02:06 Food service. 44:80:02:06. 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. In add…

Rule 44:80:02:07 Handwashing facilities. 44:80:02:07. 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…