South Dakota Administrative Code

Rule 44:82:01:01 Definitions. 44:82:01:01. 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 44:82:01:02 Licensure of community living home. 44:82:01:02. Licensure of community living home. Any license issued shall denote the name and address of the community living home on the face of the license. The license certificate remains the property of the department. Sour…

Rule 44:82:01:03 Community living home capacity. 44:82:01:03. Community living home capacity. The community living home may not serve more than four residents. The community living home capacity shall be established at the time of licensure. The department shall be notified of an…

Rule 44:82:01:04 Community living home staffing requirements. 44:82:01:04. Community living home staffing requirements. The community living home shall provide and maintain adequate staffing levels of care providers to effectively and appropriately meet the needs of its residents…

Rule 44:82:01:05 Peronnel. 44:82:01:05. Peronnel. Community living home owners, operators, and care providers shall meet the following criteria: (1) Community living home owners, operators, and care providers shall have the capacity and ability to provide appropriate care and sup…

Rule 44:82:01:06 Resident evaluation and plan of care. 44:82:01:06. Resident evaluation and plan of care. The owner or operator shall ensure that an evaluation of each resident's individualized and independent residential community living support needs is documented at the time o…

Rule 44:82:01:07 Joint occupancy. 44:82:01:07. 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 44:82:01:08 Reports. 44:82:01:08. Reports. Each owner or operator shall provide the pertinent data necessary to comply with the requirements of all applicable administrative rules and statutes. Each owner or operator shall report any incident or event where there is reasonab…

Rule 44:82:01:09 Plans of correction. 44:82:01:09. Plans of correction. Within ten days of the receipt of the statement of deficiencies, each owner or operator shall submit to the department a written plan of correction for the citation of noncompliance with licensure requirement…

Rule 44:82:01:10 Scope of article. 44:82:01:10. Scope of article. Nothing in this article limits or expands the rights of any healthcare worker or care provider to provide services within the scope of the professional's license, certification, or registration as provided by South…

Rule 44:82:02:01 Sanitation. 44:82:02:01. Sanitation. The community living home 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. Source: 44 SD…

Rule 44:82:02:02 Pets. 44:82:02:02. Pets. No pet kept in or visiting the community living home may negatively affect the well-being of any resident. Source: 44 SDR 66, effective October 17, 2017. General Authority: SDCL 34-12-13(1). Law Implemented: SDCL 34-12-13(1).

Rule 44:82:02:03 Household furnishings. 44:82:02:03. Household furnishings. The owner or operator shall provide all basic and necessary household furnishings and supplies for the residents, including furniture; bedding; towels; kitchen furnishings such as pots, pans, dishes, and …

Rule 44:82:02:04 Plumbing. 44:82:02:04. Plumbing. The community living home's plumbing system shall be designed, installed, and operated in accordance with state and local laws and regulations. Source: 44 SDR 66, effective October 17, 2017. General Authority: SDCL 34-12-13(3). La…

Rule 44:82:02:05 Water supply. 44:82:02:05. Water supply. The community living home'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…

Rule 44:82:02:06 Occupant protection. 44:82:02:06. Occupant protection. Each home shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to any occupant. The extent and complexity of occupant protection precautions are determined by the servi…

Rule 44:82:02:07 Physical plant changes. 44:82:02:07. Physical plant changes. The owner or operator shall submit any proposed change including significant new construction or remodeling of the home to the department. The department shall approve any significant change before it i…

Rule 44:82:02:08 Insect and rodent control. 44:82:02:08. Insect and rodent control. An owner or operator shall keep the community living home and premises free of rodents and insects. Any door or window used for outside ventilation shall have a screen. Source: 44 SDR 66, effectiv…

Rule 44:82:02:09 Location. 44:82:02:09. Location. The location of the community living home shall promote the health, comfort, safety, and well-being of its residents, and may not create barriers to integration and participation in the broader community. Easy access for care prov…

Rule 44:82:02:10 Reasonable accommodations. 44:82:02:10. Reasonable accommodations. Accessible and usable accommodations shall be available to meet the needs of residents with disabilities. Source: 44 SDR 66, effective October 17, 2017. General Authority: SDCL 34-12-13(1). Law Im…

Rule 44:82:02:11 Other hazardous conditions. 44:82:02:11. Other hazardous conditions. An owner or operator may be directed to remove or correct any hazardous condition not covered in this chapter if the department considers the condition to have the potential to cause injury or i…

Rule 44:82:03:01 General fire safety. 44:82:03:01. General fire safety. Each community living home shall meet the applicable fire safety standards of One- and Two- Family Dwellings in the Life Safety Code in NFPA 101 Life Safety Code, 2012 edition. Each community living home shal…

Rule 44:82:03:02 Evacuation plan. 44:82:03:02. Evacuation plan. An owner or operator shall have a written evacuation plan, and shall inform the residents of the plan and conduct fire safety drills on an annual basis. Source: 44 SDR 66, effective October 17, 2017. General Authorit…

Rule 44:82:03:03 Exits. 44:82:03:03. Exits. There shall be two exits remote from each other on each level used for the care of residents. Each of these exits shall provide unobstructed access to the outside. One of these exits shall be a door or stairway which leads to the outsid…

Rule 44:82:03:04 New construction. 44:82:03:04. New construction. The provisions of this section apply to all newly licensed community living homes and to any renovation, addition, and change in space use of currently approved existing homes. An automatic sprinkler system is not …

Rule 44:82:03:05 Ventilation. 44:82:03:05. Ventilation. Electrically powered exhaust ventilation shall be provided in all newly constructed or renovated toilet rooms. Source: 44 SDR 66, effective October 17, 2017. General Authority: SDCL 34-12-13(3). Law Implemented: SDCL 34-12-1…

Rule 44:82:04:01 Daily operations. 44:82:04:01. Daily operations. The community living home owner or operator is responsible for the daily overall operation of the home. The owner shall notify the department in writing of any change of ownership or change of location. The communi…

Rule 44:82:04:02 Care providers. 44:82:04:02. Care providers. The community living home shall have a sufficient number of care providers to provide individualized and independent residential community living supports. Source: 44 SDR 66, effective October 17, 2017. General Authori…

Rule 44:82:04:03 Infection control. 44:82:04:03. Infection control. Each owner, operator and care provider shall take appropriate precautions to prevent the potential spread of communicable disease to the residents. An owner, operator, or care provider with a reportable communica…

Rule 44:82:04:04 Care of the residents. 44:82:04:04. Care of the residents. An owner, operator, or care provider shall provide, or arrange for, appropriate care and supervision for the residents as needed to meet the needs of the residents according to their care plans, and shall…

Rule 44:82:05:01 Medication, labeling, storage, and disposal. 44:82:05:01. Medication, labeling, storage, and disposal. The requirements for medications in community living homes include the following: (1) Medications and biologicals kept on the premises shall be labeled with the…

Rule 44:82:05:02 Resident records. 44:82:05:02. Resident records. The owner or operator shall ensure confidentiality and safeguarding of resident records. Records for each resident shall be maintained while the resident is residing in the home and for an appropriate amount of tim…

Rule 44:82:06:01 Application of chapter - resident rights. 44:82:06:01. Application of chapter - resident rights. An owner, operator, or care provider shall conduct practices consistent with this chapter to protect and promote the rights of each resident. Source: 44 SDR 66, effec…

Rule 44:82:06:02 Owner or operator to inform resident of rights. 44:82:06:02. Owner or operator to inform resident of rights. Prior to or at the time of admission, an owner or operator shall inform the resident, both orally and in writing, of the resident's rights and of the rule…

Rule 44:82:06:03 Residential agreement. 44:82:06:03. Residential agreement. The owner or operator shall provide a written residential agreement to each resident. The department shall develop and make available a template for the residential agreement which can be used at the owne…

Rule 44:82:06:04 Notification when resident's condition changes. 44:82:06:04. Notification when resident's condition changes. The owner, operator, or care provider shall immediately inform the resident, consult with the resident's care provider or health care professional, and no…

Rule 44:82:06:05 Right to manage financial affairs. 44:82:06:05. Right to manage financial affairs. A resident may manage the resident's own personal financial affairs. Source: 44 SDR 66, effective October 17, 2017. General Authority: SDCL 34-12-13(15). Law Implemented: SDCL 34-1…

Rule 44:82:06:06 Choice in planning care. 44:82:06:06. Choice in planning care. A resident may choose the resident's own health care providers, be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident's well-b…

Rule 44:82:06:07 Privacy and confidentiality. 44:82:06:07. Privacy and confidentiality. An owner or operator shall take reasonable steps to provide for privacy and confidentiality for the resident, including the resident's accommodations, medical treatment, written and telephone …

Rule 44:82:06:08 Quality of life. 44:82:06:08. Quality of life. A community living home shall provide care and an environment that contributes to the resident's quality of life, including: (1) A safe, clean, comfortable, and homelike environment; (2) Maintenance or enhancement of…

Rule 44:82:06:09 Grievances. 44:82:06:09. Grievances. A resident may voice grievances without discrimination or reprisal. A grievance may be in writing or oral and may relate to treatment furnished, treatment that has not been furnished, the behavior of other residents, and infri…

Rule 44:82:06:10 Availability of survey results. 44:82:06:10. Availability of survey results. A resident may examine the results of the department's most recent survey of the home and any plan of correction in effect. The owner or operator shall make available results of the depa…

Rule 44:82:06:11 Right to refuse to perform services. 44:82:06:11. Right to refuse to perform services. A resident may refuse to perform services on behalf of the home, unless otherwise agreed to in the resident's plan of care. The resident may perform services for the home if th…

Rule 44:82:06:12 Self-administration of drugs. 44:82:06:12. Self-administration of drugs. A resident may self-administer and store drugs in the resident's room if an appropriate health care practitioner has determined the practice to be safe. Source: 44 SDR 66, effective October …

Rule 44:82:06:13 Admission, transfer, and discharge policies. 44:82:06:13. Admission, transfer, and discharge policies. An owner or operator shall establish and maintain policies and practices for admission, discharge, and transfer of residents that prohibit discrimination based …

Rule 44:82:06:14 Spiritual needs. 44:82:06:14. Spiritual needs. The owner or operator shall provide for the spiritual needs of the resident as appropriate. Any resident's request to see a clergyman shall be honored. No specific religious beliefs or practices may be imposed on any…

Rule 44:82:07:01 Food service. 44:82:07:01. Food service. The community living home shall have the space, equipment, and supplies for efficient, safe, and sanitary food preparation. Safe and sanitary food preparation, handling, and storage practices shall be used. If a community …

Rule 44:82:07:02 Nutrition requirements. 44:82:07:02. Nutrition requirements. Each resident shall be offered a minimum of three meals a day and have access to food at any time. Whenever possible, each meal shall include portions from each of the five basic food groups listed in t…

Rule 44:82:07:03 Food quality - storage. 44:82:07:03. Food quality - storage. Food shall be free from spoilage and contamination and shall be safe for human consumption. Unless its identity is unmistakable, a bulk food such as cooking oil, syrup, salt, sugar, or flour not stored …

44:90:01:01. Definitions. Terms defined in SDCL 34-20G-1 have the same meaning when used in this article. Terms used in this article mean: (1) "Action level," the level of a contaminate that triggers action to prohibit a cannabis product from being sold; (2) "Age-restricted cardh…