South Dakota Administrative Code

44:90:12:04. Suspension or revocation of registration certificate for serious and knowing violations. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-81, suspend for up to six months or revoke a registration certificate for any knowing violation of this article …

44:90:12:05. Suspension or revocation of registration certificate for multiple violations. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-81, suspend for up to six months or revoke a registration certificate upon finding that the establishment has committed mul…

44:90:12:06. Voluntary surrender of registration certificate. An establishment may offer to voluntarily surrender its registration certificate and cease operations. In such cases, the department has the discretion: (1) To reject voluntary surrender; (2) To accept the voluntary su…

44:90:12:07. Revocation of registry identification card for unauthorized sale. Upon a finding that a cardholder sold cannabis to any person who is not authorized to possess cannabis for medical purposes, the department shall initiate emergency suspension proceedings pursuant to S…

44:90:12:08. Revocation of registry identification card for serious or multiple violations. The department may, pursuant to SDCL chapter 1-26 and SDCL 34-20G-84 revoke a registry identification card upon finding that the cardholder has committed serious or multiple violations of …

44:90:12:09. Determination of serious violation. When determining if a violation is a serious violation, the department shall consider: (1) The nature and gravity of the violation; (2) The willfulness and deliberateness of the violation; (3) The actual or potential harm to patien…

44:90:12:10. Imposition of fines -- Violations. The department may, in addition to, or in lieu of, suspension, revocation, or any other penalty allowed pursuant to SDCL chapter 34-20G, assess fines against an establishment based on the following violations of SDCL chapter 34-20G …

44:90:12:11. Schedule of fines. The department may assess the following fines for violations described in § 44:90:12:10: (1) Category 1 violation: (a) First offense, five thousand dollars; (b) Second offense, seven thousand dollars; and (c) Third or subsequent offense, ten thousa…

44:90:12:12. Payment of fine. An establishment shall pay any fine imposed under this chapter within thirty days of receipt of notice from the department. If an establishment does not pay the fine within thirty days, the establishment is subject to further disciplinary action by t…

44:90:13:01. Petitions -- Required forms. Repealed. Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.

44:90:13:02. Department’s decision. Repealed. Source: 48 SDR 40, effective October 5, 2021; 49 SDR 47, effective November 22, 2022; 50 SDR 62, effective November 27, 2023.

46:04:01:01. Definitions. Terms in this chapter mean: (1) "Division," the Division of Developmental Disabilities; (2) "Emergency placement," placement that occurs before a two-week notice has been given to the shared living provider and provider; (3) "Individualized service plan"…

46:04:01:02. Letter of compliance required. Prior to providing shared living or relief care to a participant, a shared living provider shall meet the requirements of this chapter for the issuance of a letter of compliance. A letter of compliance, issued to a shared living provide…

Rule 46:04:01:03 Shared living home capacity. 46:04:01:03. Shared living home capacity. A shared living home may not serve more than two participants. The shared living home capacity shall be established at the time of issuance of the letter of compliance. The division shall be n…

Rule 46:04:01:03.01 Age of shared living participants. 46:04:01:03.01. Age of shared living participants. Participants in a shared living home shall be over the age of 21. Source: 46 SDR 66, effective November 27, 2019. General Authority: SDCL 27B-2-26(2)(9)(10). Law Implemented:…

46:04:01:04. Exceptions. A provider may request an exception for a specific section, subsection, or paragraph of this chapter by writing to the division at least 30 days before the implementation of the exception. The division will grant an exception if the following criteria are…

Rule 46:04:01:05 Responsibility for compliance. 46:04:01:05. Responsibility for compliance. The provider certifying the shared living home is responsible for meeting the requirements within this chapter. Source: 44 SDR 93, effective December 4, 2017. General Authority: SDCL 27B-2…

46:04:01:06. Critical incident reports. The shared living provider and the provider are required to report critical incidents pursuant to § 46:11:03:02. Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022. General Authority: SDCL 27B-2-26(2)(4)(9…

Rule 46:04:01:07 Screening. 46:04:01:07. Screening. Each provider must have a policy that addresses criminal background checks, felony convictions, sex offender registry check, and drug screenings for any independent contractors that provide shared living to participants. The pol…

46:04:01:08. Provider responsibilities. Each provider shall: (1) Ensure that each shared living provider has appropriate training relevant to each participant; and (2) Provide oversight of the shared living home and ensure that health and safety requirements are being met. Source…

46:04:01:09. Shared living provider services. The shared living provider shall provide services, including assistance, support, and guidance, in life domain areas including daily living, safety and security, community living, healthy lifestyle, social and spirituality, and citize…

46:04:01:10. Day services. Repealed. Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.

46:04:01:11. Recreational and social activities. The shared living provider shall provide recreational and social activities outside of the home. Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022. General Authority: SDCL 27B-2-26(3)(9)(10). Law…

46:04:01:12. Use of personal funds and property. A participant's personal funds or property may not be used as a reward or punishment. A participant's personal funds or property may not be used as payment for damages unless the participant consents to make restitution for the dam…

Rule 46:04:01:13 Emergency information. 46:04:01:13. Emergency information. Emergency information for a participant shall be easily accessible at the home. Emergency information for a participant shall include the following: (1) The name, address, telephone number, and relationsh…

Rule 46:04:01:14 Supervision. 46:04:01:14. Supervision. A participant may be left unsupervised for specified periods of time if the absence of direct supervision is consistent with the participant's assessment, is part of the participant's ISP, and as an outcome which requires th…

46:04:01:15. Training required for shared living providers. Shared living providers shall meet the following training requirements: (1) Before a participant resides in a shared living home, the shared living provider is required to complete an initial orientation that includes th…

46:04:01:16. Training required for relief care providers and anyone over the age of 18 living in the home. Prior to delivering shared living services, a relief care provider shall receive training in disability awareness, the participant's ISP, and identifying and reporting abuse…

Rule 46:04:01:17 Record of training. 46:04:01:17. Record of training. Records of training, including the training source, content, dates, length of training, copies of certificates received, if applicable, and persons attending, shall be kept by the provider. Source: 44 SDR 93, e…

Rule 46:04:01:18 Safety and sanitation. 46:04:01:18. Safety and sanitation. The shared living home must meet the following requirements: (1) The shared living home and premises must be free of rodents and insects; (2) Bedrooms located in the basement must have at least one egress…

Rule 46:04:01:19 Heat sources. 46:04:01:19. Heat sources. If there are heat sources, such as hot water pipes, fixed space heaters, hot water heaters, radiators, or wood and coal burning stoves and fireplaces, exceeding 120 degrees Fahrenheit, that are accessible to participants, …

Rule 46:04:01:20 Smoke and carbon monoxide detectors. 46:04:01:20. Smoke and carbon monoxide detectors. A home shall have a minimum of one operable automatic smoke detector and carbon monoxide detector provided on each floor, including the basement and attic. Smoke detectors and …

46:04:01:21. Participant training for emergencies. A shared living provider shall have a written fire and safety plan and shall inform participants of the plan. Fire, tornado, and severe weather drills must be conducted on an annual basis. The shared living provider must keep doc…

Rule 46:04:01:22 Firearms. 46:04:01:22. Firearms. Firearms shall be kept unloaded in a locked cabinet. Ammunition shall be kept in a locked cabinet that is separate from firearms. Source: 44 SDR 93, effective December 4, 2017. General Authority: SDCL 27B-2-26(4)(5)(9)(10). Law Im…

Rule 46:04:01:23 Medication, labeling, storage, and disposal. 46:04:01:23. Medication, labeling, storage, and disposal. The requirements for medications in shared living homes include the following: (1) Medications and biologicals, kept on the premises, shall be labeled with the …

46:04:01:24. Medication training. A shared living provider, and anyone over the age of 18 living in the shared living home, who administers medications to a participant, or who assists a participant in the self-administration of medications, must meet the same requirements as emp…

Rule 46:04:01:25 Refusal of treatment. 46:04:01:25. Refusal of treatment. If a participant refuses routine medical or dental examination or treatment, the refusal and continued attempts to train the participant about the need for health care, shall be documented in the participan…

Rule 46:04:01:26 Emergency placement. 46:04:01:26. Emergency placement. The case manager shall coordinate a team meeting before the end of the first 30 day period of the participant residing at the emergency placement home. The minutes of the team meeting shall document that a re…

46:04:01:27. Representative payee. A shared living provider may not be the representative payee for the participant. Source: 46 SDR 66, effective November 27, 2019; 49 SDR 48, effective November 22, 2022. General Authority: SDCL 27B-2-26(2)(4)(9)(10). Law Implemented: SDCL 27B-2-…

46:11:01:01. Definitions. Terms used in this article mean: (1) "Abuse," an intentional act toward a participant involving: (a) A criminal conviction under SDCL chapter 22-46 or other crime involving mistreatment of a participant; or (b) Substantial evidence that a participant exp…

Rule 46:11:01:02 Certification needed for receipt of government funds. 46:11:01:02. Certification needed for receipt of government funds. An organization must be certified by the division in order to receive funds for services identified in ARSD article 46:11. Source: 22 SDR 104,…

Rule 46:11:02:01 Repealed. 46:11:02:01. Scope. Repealed. Source: 22 SDR 104, effective February 13, 1996; 23 SDR 2, effective July 18, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:02:02 Certified agencies. 46:11:02:02. Certified agencies. The provider requirements in this chapter apply to CSPs and SPs. A CSP or SP providing services under the provisions of this chapter must meet the following criteria: (1) Be certified as a CSP or SP under the p…

Rule 46:11:02:03 Repealed. 46:11:02:03. Compliance with life quality review. Repealed. Source: 22 SDR 104, effective February 13, 1996; 24 SDR 190, effective July 16, 1998; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013. Rule 46:11:02:03.…

Rule 46:11:02:03.01 Repealed. 46:11:02:03.01. Life quality review. Repealed. Source: 24 SDR 190, effective July 16, 1998; 26 SDR 96, effective January 24, 2000; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:02:03.02 Repealed. 46:11:02:03.02. Life quality review certification criteria. Repealed. Source: 24 SDR 190, effective July 16, 1998; 26 SDR 96, effective January 24, 2000; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:02:03.03 Repealed. 46:11:02:03.03. Life quality review sample selection. Repealed. Source: 24 SDR 190, effective July 16, 1998; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:02:03.04 Repealed. 46:11:02:03.04. Life quality review plan of enhancement. Repealed. Source: 24 SDR 190, effective July 16, 1998; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:02:04 Transferred. 46:11:02:04. Transferred to § 46:11:02:18.01.

Rule 46:11:02:05 Repealed. 46:11:02:05. Enrollment requirements for Community Support Providers. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; 40 SDR 102, effective December 3, 2013; 43 SDR 9, effective August 2, 2016; 44 SDR 6…