South Dakota Administrative Code

Rule 46:11:05:01.01 ISP time frames. 46:11:05:01.01. ISP time frames. From the date of initiation of waiver services for a participant the case manager shall: (1) Identify the ISP team within 15 calendar days; (2) Complete the ISP within 30 calendar days; and (3) Implement the IS…

Rule 46:11:05:01.02 ISP participation. 46:11:05:01.02. ISP participation. The ISP team meeting shall be scheduled and conducted in a manner which facilitates the active participation of all team members. The case manager shall encourage the participant to choose the location of t…

46:11:05:02. Assessments. Within 30 calendar days after initiation of services and at least annually thereafter, the participant and the case manager shall review assessment information and identify when an updated assessment is necessary. The initial and annual individualized se…

Rule 46:11:05:03 ISP. 46:11:05:03. ISP. The ISP shall include documentation of the following: (1) The participant's vision of a good life, including: (a) People, places, experiences, and possessions, which bring satisfaction, joy, and contentment to the participant; and (b) Suppo…

Rule 46:11:05:04 Repealed. 46:11:05:04. Service plan development -- Participants. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

46:11:05:05. Case manager. Each participant must have a designated conflict-free case manager. Source: 22 SDR 104, effective February 13, 1996; 24 SDR 190, effective July 16, 1998; 26 SDR 96, effective January 24, 2000; 27 SDR 63, effective December 31, 2000; 40 SDR 102, effectiv…

46:11:05:05.01. Case manager responsibilities -- Quarterly ISP assessment. The case manager shall coordinate the individualized service plan (ISP) initially and annually. The case manager shall complete a quarterly review of the ISP. The quarterly ISP review must include informat…

46:11:05:05.02. Behavior support plan policy. Each provider of direct home and community-based (HCB) services shall have a policy approved by the division that addresses behavior support plans. The policy must include the following requirements: (1) Compliance with the requiremen…

Rule 46:11:05:06 Highly restrictive procedures. 46:11:05:06. Highly restrictive procedures. Highly restrictive procedures include physical or chemical intervention, medications to manage behavior, time-out, or other techniques with similar degrees of restriction or intrusion. Sou…

Rule 46:11:05:06.01 Policy for highly restrictive procedures. 46:11:05:06.01 Policy for highly restrictive procedures. Each provider of direct HCB services shall have a policy addressing the use of highly restrictive procedures. The policy shall include: (1) Procedures to ensure …

Rule 46:11:05:06.02 Prone restraint prohibited. 46:11:05:06.02. Prone restraint prohibited. A prone restraint is defined as a position that includes the participant being facedown. Any restraint that fits this definition or impedes a participant's breathing is prohibited. Source:…

Rule 46:11:05:07 Time-out. 46:11:05:07. Time-out. A time-out refers to a highly restrictive procedure in which the participant is denied egress from an enclosed area when exhibiting a problem behavior. A time-out shall follow the criteria in § 46:11:05:06.01 and shall meet the fo…

Rule 46:11:05:08 Repealed. 46:11:05:08. Medications to manage behavior -- Identification of harmful effects. 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 Decem…

Rule 46:11:05:09 Chemical intervention. 46:11:05:09. Chemical intervention. Any medication used with a behavior support plan pursuant to § 46:11:05:05.02 or any medication prescribed to manage behavior on an as needed basis shall be considered highly restrictive and shall meet th…

46:11:05:09.01. Use of medications for psychiatric or medical conditions or sedation. The human rights committee of a participant’s provider shall review medications prescribed as treatment or stabilization for psychiatric conditions, medical conditions, or for sedation prior to …

46:11:05:09.02. Medications for sedation. Repealed. Source: 43 SDR 9, effective August 2, 2016; 51 SDR 108, effective May 1, 2025.

Rule 46:11:05:10 Repealed. 46:11:05:10. Maladaptive behavior. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:05:11 Transferred. 46:11:05:11. Transferred to § 46:11:04:15.01.

Rule 46:11:05:12 Behavior support committee. 46:11:05:12. Behavior support committee. Providers of direct HCB services must have a behavior support committee, that is appointed and selected by the provider of direct HCB services, which reviews the technical adequacy of and approv…

Rule 46:11:05:13 Human rights committee -- Composition. 46:11:05:13. Human rights committee -- Composition. Providers of direct HCB services must have a human rights committee or participate in a multiagency committee which ensures that each participant's rights are supported. Th…

Rule 46:11:05:14 Human rights committee -- Procedures. 46:11:05:14. Human rights committee -- Procedures. The human rights committee must use the following procedures: (1) Review and approve or disapprove all behavior support plans which use any of the highly restrictive procedur…

Rule 46:11:05:14.01 Combined human rights and behavior support committee. 46:11:05:14.01. Combined human rights and behavior support committee. A provider of direct HCB services may establish a single committee composed of members meeting the requirements of §§ 46:11:05:12 and 46…

Rule 46:11:05:15 Time alone. 46:11:05:15. Time alone. For each participant receiving continuous 24 hours per day support services, the participant and the participant's ISP team must determine and document within the ISP the estimated amount of time the participant may be left un…

Rule 46:11:05:16 Accessing staff assistance. 46:11:05:16. Accessing staff assistance. Each provider must have a policy which specifies how participants can access staff assistance when they are unsupervised. Assessment and training in accessing on-call staff and emergency service…

Rule 46:11:05:17 Repealed. 46:11:05:17. Alternative services. Repealed. Source: 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:06:01 Safety and sanitation plan. 46:11:06:01. Safety and sanitation plan. Each provider must have a health, safety, sanitation, and disaster plan approved by the division which ensures the health and safety of the participants. The plan shall include: (1) Specific pro…

Rule 46:11:06:02 Life safety codes. 46:11:06:02. Life safety codes. For each building the provider of direct HCB services owns or leases, the provider of direct HCB services must be in compliance with the applicable fire safety standards in the 2000 edition of the Life Safety Cod…

46:11:06:03. Minimum separation between buildings. 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; 49 SDR 48, effective November 22, 2022.

Rule 46:11:06:04 Maximum capacity for group homes. 46:11:06:04. Maximum capacity for group homes. No more than eight participants may reside in a group home that is owned or leased by a provider of direct HCB services after July 1, 2000. Source: 22 SDR 104, effective February 13,…

Rule 46:11:06:05 Minimum space requirements of classrooms, day habilitation, and shops. 46:11:06:05. Minimum space requirements of classrooms, day habilitation, and shops. A minimum of 20 square feet of classroom or day habilitation area or 50 square feet of area in shops and sim…

Rule 46:11:06:06 Bedroom capacity. 46:11:06:06. Bedroom capacity. Bedrooms in homes may accommodate from one to two participants. Each home a provider of direct HCB services leases or constructs after November 1, 2013, shall have at least 100 square feet per participant for a hom…

Rule 46:11:06:07 New construction or remodeling. 46:11:06:07. New construction or remodeling. Each provider of direct HCB services shall submit plans to the division for approval of any new construction or remodeling of any existing structures owned by the provider of direct HCB …

Rule 46:11:06:08 Team approval for safe environments. 46:11:06:08. Team approval for safe environments. Each participant's ISP team shall determine and document during the development of the ISP that the participant's living and work environments meet minimum safety requirements …

Rule 46:11:06:09 Physical facility standards 46:11:06:09. Physical facility standards. The following standards apply to each building that the provider owns or leases: (1) Hot and cold water must be supplied through a mixing faucet to all lavatories, showers, or tubs. Maximum wat…

Rule 46:11:06:10 Food storage. 46:11:06:10. Food storage. For each building that the provider of direct HCB services owns or leases, the following are general requirements for food storage: (1) Food, whether raw or prepared, if removed from the container or package in which it wa…

Rule 46:11:06:11 Cleaning and sanitizing kitchen equipment. 46:11:06:11. Cleaning and sanitizing kitchen equipment. For each building the provider of direct HCB services owns or leases, any kitchen equipment and utensils must be cleaned, rinsed, and sanitized after each use as pr…

Rule 46:11:06:12 Kitchen equipment and utensil handling. 46:11:06:12. Kitchen equipment and utensil handling. For each building the provider of direct HCB services owns or leases, cleaned and sanitized kitchen equipment and utensils must be handle in a way that protects them from…

Rule 46:11:06:13 Other hazardous conditions. 46:11:06:13. Other hazardous conditions. For each building the provider of direct HCB services owns, the division may direct a provider of direct HCB services to remove or correct other hazardous conditions not covered in this chapter …

Rule 46:11:06:14 Personal cleanliness. 46:11:06:14. Personal cleanliness. If a provider of direct HCB services provides food preparation services, anyone involved with the food preparation shall thoroughly wash their hands and the exposed portions of their arms with soap and warm…

Rule 46:11:06:15 Monitor participant safety. 46:11:06:15. Monitor participant safety. The provider of direct HCB services shall document all incidents, injuries, and medication errors that impact the health, safety, and welfare of each participant. The documentation shall include…

Rule 46:11:07:01 Definitions. 46:11:07:01. Definitions. Terms used in this chapter mean: (1) "Controlled substances," any drug or chemical whose possession and use are regulated under the Federal Controlled Substances Act of 1970; (2) "Gastrostomy," the surgical creation of a gas…

Rule 46:11:07:02 Medication administration defined. 46:11:07:02. Medication administration defined. Medication administration is the administration of medications, other than by the parenteral route or nasogastric tube, under the supervision of a licensed registered nurse. The st…

Rule 46:11:07:03 Delegation defined. 46:11:07:03. Delegation defined. Delegation is the transfer of the authority to perform a specific nursing or medication administration task from a licensed registered nurse to a provider of direct HCB services employee pursuant to §§ 20:48:04…

Rule 46:11:07:04 Registered nurse -- Proof of licensure. 46:11:07:04. Registered nurse -- Proof of licensure. The registered nurse providing delegation and supervision to non-licensed trained staff employed by the provider of direct HCB services must be licensed pursuant to chapt…

Rule 46:11:07:05 Assistance with self-administration of medications. 46:11:07:05. Assistance with self-administration of medications. Assistance with self-administration of medications is the act of assisting a participant with one or more steps in the process of taking medicatio…

Rule 46:11:07:06 Self-administration policy -- Level of assistance required. 46:11:07:06. Self-administration policy -- Level of assistance required. Each provider of direct HCB services must have a policy to address the assessment of a participant's ability to self-administer me…

Rule 46:11:07:07 Medication administration curriculum. 46:11:07:07. Medication administration curriculum. Each provider of direct HCB services shall provide a minimum of twenty hours of medication administration training to employees, including academic instruction and practical …

Rule 46:11:07:08 Medication administration proficiency level -- Requirements -- Documentation. 46:11:07:08. Medication administration proficiency level -- Requirements -- Documentation. An employee of a provider of direct HCB services must demonstrate proficiency in medication ad…

Rule 46:11:07:09 Annual proficiency review -- Documentation. 46:11:07:09. Annual proficiency review -- Documentation. Provider of direct HCB services employees completing the medication administration training are subject to a proficiency review at least annually that is supervis…

Rule 46:11:07:10 Medication errors. 46:11:07:10. Medication errors. Each provider of direct HCB services must have policies and procedures that address medication errors. The policies and procedures shall address these areas; (1) A definition of medication error; (2) The types or…