South Dakota Administrative Code

Rule 44:80:02:08 Linen. 44:80:02:08. Linen. The supply of bed linen and towels shall equal three times the licensed capacity. The facility shall have written procedures for the storage and handling of soiled and clean linens. The facility shall contract with a commercial laundry …

Rule 44:80:02:09 Infection control. 44:80:02:09. 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 44:80:02:10 Water supply. 44:80:02:10. 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 44:80:02:11 Ventilation. 44:80:02:11. 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 44:80:02:12 Lighting. 44:80:02:12. 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. Each resident bedroom shall have general lighting and night l…

Rule 44:80:02:13 Refuse and waste disposal. 44:80:02:13. 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 44:80:02:14 Insect and rodent control. 44:80:02:14. Insect and rodent control. The facility shall take safe and 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. Sou…

Rule 44:80:02:15 Occupant protection. 44:80:02:15. 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 44:80:02:16 Area requirements for currently licensed resident rooms. 44:80:02:16. Area requirements for currently licensed resident rooms. Each currently licensed resident room shall have at least 120 square feet (8.83 square meters) of floor space per bed, exclusive of clos…

Rule 44:80:02:17 Location. 44:80:02:17. Location. The location of a facility 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 44:80:02:18 Heating and cooling. 44:80:02:18. Heating and cooling. The temperature in any occupied space in the facility shall be maintained between 68 and 80 degrees Fahrenheit during waking hours and not lower than 64 degrees Fahrenheit during sleeping hours. Individual re…

Rule 44:80:02:19 Other hazardous conditions. 44:80:02:19. 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 44:80:03:01 Fire safety code requirements. 44:80:03:01. 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 44:80:03:02 General fire safety. 44:80:03:02. General fire safety. Each facility 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 44:80:03:03 Staffing exception. 44:80:03:03. Staffing exception. A staffing exception may be approved for residential hospice facilities if the following are met: (1) The bed capacity is six beds or less; (2) The building is equipped with an automatic sprinkler system as def…

Rule 44:80:03:04 Fire extinguisher equipment. 44:80:03:04. Fire extinguisher equipment. Fire extinguisher equipment shall be installed and maintained by the following minimum standards: (1) Portable fire extinguishers shall have a minimum rating of 2-A:10-B:C; (2) Fire extinguish…

Rule 44:80:03:05 Fire alarm systems. 44:80:03:05. Fire alarm systems. A manually operated, electrically supervised fire alarm system shall be installed in each facility. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(3). Law Implemented: SDCL 34-1…

Rule 44:80:03:06 Detached structures. 44:80:03:06. 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 44:80:04:01 Governing body. 44:80:04:01. 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 44:80:04:02 Administrator. 44:80:04:02. 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 44:80:04:03 Personnel. 44:80:04:03. 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 44:80:04:04 Personnel training. 44:80:04:04. 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 44:80:04:05 Employee health program. 44:80:04:05. Employee health program. The facility shall have an employee health program for the protection of the residents. All personnel shall be evaluated by a licensed health professional for freedom from reportable communicable dise…

Rule 44:80:04:06 Tuberculin screening requirements. 44:80:04:06. 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 44:80:04:07 Admissions of residents. 44:80:04:07. Admissions of residents. The governing body of the facility shall establish and maintain policies, with written evidence to assure the residents admitted to and retained in the hospice are within the licensure classification …

Rule 44:80:04:08 Care policies. 44:80:04:08. Care policies. All hospice care and services provided by facility staff shall be under the direction of the Medicare certified hospice agency. Each facility shall establish and maintain policies, procedures, and practices that follow a…

Rule 44:80:04:09 Discharge planning. 44:80:04:09. Discharge planning. Each facility shall have policies and procedures for discharge planning that is coordinated with the Medicare certified hospice agency. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-…

Rule 44:80:04:10 Quality assessment. 44:80:04:10. Quality assessment. Each facility shall provide for on-going evaluation of the quality of services provided to residents and families. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(5) and (14). La…

Rule 44:80:05:01 Admissions. 44:80:05:01. Admissions. Each resident admitted to a facility shall be terminally ill and shall be a patient of a Medicare certified hospice agency. The facility or the Medicare certified hospice agency may not delegate a task when the delegation is p…

Rule 44:80:05:02 Organized service. 44:80:05:02. Organized service. The facility shall provide services with a written organizational plan that delineates its custodial care. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(7). Law Implemented: SDCL…

44:80:05:03. Policies and procedures. The facility shall establish and maintain policies and procedures that provide the staff with methods of meeting its administrative and technical responsibilities in providing custodial care to residents. The policies shall include at least t…

Rule 44:80:05:04 Custodial care services. 44:80:05:04. Custodial care services. Each residential hospice shall offer custodial care and services to terminally ill individuals and supporting services that are arranged with and directed by a Medicare certified hospice agency. An un…

Rule 44:80:05:05 Staffing for hospice facilities. 44:80:05:05. Staffing for hospice facilities. All residential hospice facilities shall maintain a sufficient number of personnel, directly or by contract, to provide custodial care and services offered to all residents. Written st…

Rule 44:80:06:01 Dietetic services. 44:80:06:01. Dietetic services. The facility shall have an organized dietetic service that meets the nutritional needs of residents and ensures that food is stored, prepared, distributed, and served in a manner that is safe, wholesome, and sani…

Rule 44:80:06:02 Food substitutions. 44:80:06:02. 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 44:80:06:03 Written dietetic policies. 44:80:06:03. Written dietetic policies. There shall be written policies and procedures that govern all dietetic activities. Policies shall include food handling procedures, length of duration for leftovers, and opened packages of commer…

Rule 44:80:06:04 Preparation of food. 44:80:06:04. 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 44:80:06:05 Dietetic services. 44:80:06:05. 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 44:80:06:06 Nutritional assessments. 44:80:06:06. Nutritional assessments. A dietitian, nutritionist, or registered nurse shall ensure a nutritional assessment is completed on each new resident upon admission; any resident having a significant change in diet, eating ability,…

Rule 44:80:06:07 Required dietary in-service training. 44:80:06:07. 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 44:80:06:08 Nutrition and hydration assistance program. 44:80:06:08. Nutrition and hydration assistance program. A facility may develop a program to train nutrition and hydration assistants. Source: 42 SDR 51, effective October 13, 2015. General Authority: SDCL 34-12-13(8). …

Rule 44:80:07:01 Policies and procedures. 44:80:07:01. Policies and procedures. Each facility shall establish and practice methods and procedures for medication control that include the following: (1) A requirement that each resident's Medicare certified hospice agency provide in…

Rule 44:80:07:02 Orders for medication required. 44:80:07:02. Orders for medication required. All orders for medications or drugs administered to residents shall be the responsibility of resident's Medicare certified hospice agency. Source: 42 SDR 51, effective October 13, 2015. …

Rule 44:80:07:03 Storage and labeling of medications and drugs. 44:80:07:03. 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 44:80:07:04 Control and accountability of medications and drugs. 44:80:07:04. Control and accountability of medications and drugs. Medications brought from home may be used once approved by the Medicare certified hospice agency and ordered by the residents attending physicia…

Rule 44:80:07:05 Documentation of drug disposal. 44:80:07:05. Documentation of drug disposal. Legend drugs not controlled under SDCL chapter 34-20B shall be destroyed or disposed of by the Medicare certified hospice agency nurse and another witness. Destruction or disposal of med…

Rule 44:80:07:06 Medication administration. 44:80:07:06. Medication administration. Each medication administered by facility staff shall be recorded in the resident's medical record and signed by the person responsible. Medication errors and drug reactions shall be reported to th…

Rule 44:80:07:07 Medication records. 44:80:07:07. Medication records. Medication administration records provided by the Medicare certified hospice agency shall be used and regularly checked by the Medicare certified hospice agency. Source: 42 SDR 51, effective October 13, 2015. G…

Rule 44:80:08:01 Medical or care record. 44:80:08:01. Medical or care record. Medical or care records are considered the property of the Medicare certified hospice agency and are the responsibility of that agency. The medical or care record shall show the current condition of the…

Rule 44:80:08:02 Written policies and confidentiality of records. 44:80:08:02. Written policies and confidentiality of records. There shall be written policies and procedures to govern the activities of the medical or care record service. They shall include policies and procedure…