South Dakota Administrative Code

Rule 46:17:02:05 Discharge summaries. 46:17:02:05. Discharge summaries. At the time of the discharge, the ICF/IID shall develop a final summary of the person's developmental, behavioral, social, health, and nutritional status and, with the informed consent of the person supported…

Rule 46:17:03:01 Protection of records. 46:17:03:01. Protection of records. The ICF/IID shall develop and maintain a record keeping system that includes a separate record for each person supported that documents the person's health care, active treatment, social information, and …

Rule 46:17:03:02 Management of personal finances. 46:17:03:02. Management of personal finances. The ICF/IID may apply to become the representative payee of the person's finances after submitting a request for payeeship to the Social Security Administration. The ICF/IID shall main…

Rule 46:17:04:01 Interdisciplinary team -- Composition and meetings. 46:17:04:01. Interdisciplinary team -- Composition and meetings. Within 30 calendar days after admission, the ICF/IID shall identify an interdisciplinary team for each person supported. The interdisciplinary tea…

Rule 46:17:04:02 Comprehensive functional assessment. 46:17:04:02. Comprehensive functional assessment. Except as otherwise provided by law, within 30 calendar days after admission and at least annually thereafter, the person supported and the identified interdisciplinary team sh…

Rule 46:17:04:03 Individual support plan. 46:17:04:03. Individual support plan. At a minimum, each person supported must have an ISP for services developed and implemented within 30 calendar days after admission. The plan must address the appropriateness of current services and a…

Rule 46:17:04:04 Individual support plan development -- Participants. 46:17:04:04. Individual support plan development -- Participants. The following individuals must have the opportunity to participate in the development of the ISP: (1) The person supported, unless the person's …

Rule 46:17:04:05 QDDP monitoring and coordination of ISP. 46:17:04:05. QDDP monitoring and coordination of ISP. A QDDP shall monitor on a monthly basis and coordinate all activities regarding the implementation of the ISP. A QDDP shall observe and revise the ISP and the delivery …

Rule 46:17:04:06 Professional program staff. 46:17:04:06. Professional program staff. The ICF/IID shall have available qualified professional staff to develop, implement, and monitor each person's ISP during the provision of active treatment in accordance with 42 C.F.R. § 483.440…

Rule 46:17:04:07 Direct support professionals. 46:17:04:07. Direct support professionals. The ICF/IID must maintain sufficient direct support professionals to provide adequate support and treatment for the person supported in accordance with the person's ISP. Minimum staff-to-per…

Rule 46:17:04:08 Highly restrictive procedures. 46:17:04:08. Highly restrictive procedures. Highly restrictive procedures may only be used after review and approval by the human rights committee, behavior support committee, the person supported, and the parent if the person is un…

Rule 46:17:04:09 Time-out rooms. 46:17:04:09. Time-out rooms. Time-out rooms may be used only under continuous observation of the person supported by ICF/IID staff, may not be locked, and must allow for immediate staff entry. Time-out rooms may only be used as part of a behavior …

Rule 46:17:04:10 Psychotropic medications. 46:17:04:10. Psychotropic medications. Each plan for use of psychotropic medications must identify the potential harmful effect of the medications in nontechnical terms that all interdisciplinary team members can understand. Dosages, pre…

Rule 46:17:04:11 Medical restraint -- Order by physician, physician assistant, certified nurse practitioner, or dentist. 46:17:04:11. Medical restraint -- Order by physician, physician assistant, certified nurse practitioner, or dentist. A medical restraint, physical or chemical,…

Rule 46:17:04:12 Physical restraints. 46:17:04:12. Physical restraints. The ICF/IID may employ physical restraint only as an integral part of an ISP that is intended to lead to less restrictive means of managing and eliminating the behavior for which the restraint is applied, or …

Rule 46:17:04:13 Management of maladaptive behaviors. 46:17:04:13. Management of maladaptive behaviors. The ICF/IID shall specify all behaviors and approved plans on a hierarchy from most positive to most restrictive. Prior to the development and implementation of a behavior trea…

Rule 46:17:04:14 Behavior support committee. 46:17:04:14. Behavior support committee. The ICF/IID shall have a behavior support committee whose members are appointed by the administrator of the ICF/IID. The behavior support committee shall review the technical adequacy of all beh…

Rule 46:17:04:15 Human rights committee -- Composition. 46:17:04:15. Human rights committee -- Composition. The ICF/IID shall have a human rights committee with a minimum of five members. The human rights committee shall be composed of qualified persons who have either experience…

Rule 46:17:04:16 Human rights committee -- Functions. 46:17:04:16. Human rights committee -- Functions. The functions of the human rights committee for the person supported are as follows: (1) Review, approve or disapprove, and monitor any behavior treatment plan designed to mana…

Rule 46:17:04:17 Staff orientation training. 46:17:04:17. Staff orientation training. Within 30 days of employment, newly-hired staff must receive an orientation training program. Orientation shall include: (1) Instruction in the ethical principles related to basic positive behav…

Rule 46:17:04:18 Communication with parents or legal guardians. 46:17:04:18. Communication with parents or legal guardian. The ICF/IID shall notify the person's parent if the person supported is under 18 years of age or the legal guardian, if any, of any significant incidents or …

Rule 46:17:05:01 Licensure. 46:17:05:01. Licensure. Health care service personnel providing services at the ICF/IID, including physicians, physicians assistants, registered nurses, licensed practical nurses, certified nurse practitioners, dieticians, occupational and physical the…

Rule 46:17:05:02 Physician services. 46:17:05:02. Physician services. The ICF/IID shall ensure the availability of physician services 24 hours a day. The ICF/IID shall provide or obtain preventive and general medical care as well as annual physical examinations of each person sup…

Rule 46:17:05:03 Nursing services. 46:17:05:03. Nursing services. The ICF/IID must provide any person supported with nursing services in accordance with the person's needs. These services include: (1) Participation in the interdisciplinary team process, as indicated by the person…

Rule 46:17:05:04 Dental services. 46:17:05:04. Dental services. The ICF/IID shall provide or make arrangements for comprehensive diagnostic and treatment services for each person supported from qualified personnel, including licensed dentists and dental hygienists. A complete ora…

Rule 46:17:05:05 Pharmacy services. 46:17:05:05. Pharmacy services. All medications must be labeled according to current pharmacological practices, including precautionary and accessory instruction. Outdated drugs or those with worn labels or those that have been discontinued by …

Rule 46:17:05:06 Dietary services. 46:17:05:06. Dietary services. Foods must be served in appropriate quantity, at appropriate times, in consistency appropriate with the dietary needs of the person supported and with appropriate utensils. The menus must provide a variety of foods…

Rule 46:17:06:01 Definitions. 46:17:06:01. Definitions. Terms used in this chapter mean: (1) "Advocate," any individual designated by a person supported to support that person by speaking or acting on the person's behalf. Source: 37 SDR 69, effective October 18, 2010. General Aut…

Rule 46:17:06:02 Scope. 46:17:06:02. Scope. Each section in this article applies to a private ICF/IID. Source: 37 SDR 69, effective October 18, 2010; 40 SDR 122, effective January 8, 2014. General Authority: SDCL 27B-2-26(1)(2)(3)(4)(5)(9)(10). Law Implemented: SDCL 27B-2-26(1)(2…

Rule 46:17:06:03 On-site review and inspection. 46:17:06:03. On-site review and inspection. At least two members of the utilization review team must conduct an annual on-site utilization review and inspection of the care and supports received by a minimum of five percent of the p…

Rule 46:17:06:04 Occupancy of homes used by persons served. 46:17:06:04. Occupancy of homes used by persons supported. No more than eight persons may reside in any one home managed by an ICF/IID receiving initial approval after January 1, 2011. Each home must consist of single oc…

Rule 46:17:06:05 Division visits. 46:17:06:05. Division visits. The division may review an ICF/IID at any given time without prior notice for the purposes of verifying compliance with this article and chapter 67:54:03. The ICF/IID must grant the division access to any facility, a…

Rule 46:17:06:06 Inventory for client and agency planning (ICAP). 46:17:06:06. Inventory for client and agency planning (ICAP). To determine the level of a person's functional limitations, an ICF/IID must submit a completed ICAP to the division, using the ICAP Compuscore software…

Rule 46:17:06:07 Rights. 46:17:06:07. Rights. Any person supported has rights guaranteed pursuant to § 46:17:02:01 and this section: (1) To be able to communicate in the primary language or primary mode of communication of the person; (2) To be able to refuse or discontinue servi…

Rule 46:17:06:08 Rights limitations -- Due process. 46:17:06:08. Rights limitations -- Due process. The rights of the person supported may only be limited to protect the person from endangering self or others or to provide specific services or supports as provided in SDCL 27B-8-5…

Rule 46:17:06:09 Restoration plans. 46:17:06:09. Restoration plans. Restoration plans shall be developed and implemented if the need for limiting the rights of the person supported is identified. The person's interdisciplinary team shall develop a plan which shall include how the…

Rule 46:17:06:10 Policy on abuse, neglect, exploitation, or injury of unknown source. 46:17:06:10. Policy on abuse, neglect, exploitation, or injury of unknown source. The ICF/IID shall have a policy approved by the division that prohibits abuse, neglect, or exploitation of a per…

Rule 46:17:06:11 Investigation of abuse, neglect, exploitation, or injury of unknown source. 46:17:06:11. Investigation of abuse, neglect, exploitation, or injury of unknown source. Any allegations of abuse, neglect, exploitation, or injury of unknown source shall be thoroughly i…

Rule 46:17:06:12 Critical incident reports -- Submission to division. 46:17:06:12. Critical incident reports -- Submission to division. The ICF/IID shall give verbal notice of any critical incident involving a person supported to the division no later than the end of the division…

Rule 46:17:06:13 Individual support plan -- Person centered planning. 46:17:06:13. Individual support plan -- Person centered planning. An ICF/IID must demonstrate how each supported person's preferences are identified and prioritized during the ISP planning process. The preferen…

Rule 46:17:06:14 Transition plans. 46:17:06:14. Transition plans. A transition plan shall be developed within 180 days from the date of admission for each person supported and reviewed at least annually thereafter. Information regarding home and community based services offered b…

Rule 46:24:01:01 Definitions. 46:24:01:01. Definitions. Terms used in this article mean: (1) "Admission diagnosis," initial diagnosis or reason for admission to the inpatient psychiatric facility using the diagnostic codes listed in Appendix A at the end of this chapter; (2) "Bat…

Rule 46:24:01:02 Responsibilities of department. 46:24:01:02. Responsibilities of department. The department is the custodian of the inpatient psychiatric data collection system on minors and is responsible for the overall collection, analysis, and dissemination of data and infor…

Rule 46:24:01:03 Functions of data collection system. 46:24:01:03. Functions of data collection system. The inpatient psychiatric data collection system on minors shall monitor the occurrence of minor inpatient psychiatric admissions and discharges in South Dakota and provide non…

Rule 46:24:02:01 Entities required to report. 46:24:02:01. Entities required to report. All entities with inpatient psychiatric facilities providing inpatient psychiatric services to minors in the state, other than federal facilities, shall provide reports to the department using…

Rule 46:24:02:02 Reportable event. 46:24:02:02. Reportable event. A reportable event is the discharge of a minor from a designated psychiatric unit of an inpatient psychiatric facility. Source: 19 SDR 154, effective April 11, 1993. General Authority:SDCL 27A-15-6.1. Law Implement…

Rule 46:24:02:03 Reportable data elements. 46:24:02:03. Reportable data elements. Each inpatient psychiatric facility providing inpatient psychiatric care to minors must report the following data elements to the department for each case which meets the reporting criterion provide…

Rule 46:24:02:04 Identification code. 46:24:02:04. Identification code. The inpatient psychiatric hospital shall assign each minor an identification code consisting of six characters, as follows: (1) The first character is the first letter of the minor's first name; (2) The secon…

Rule 46:24:02:05 Method of reporting. 46:24:02:05. Method of reporting. Inpatient psychiatric facilities required under § 46:24:02:01 to report shall submit the data required in § 46:24:02:03. The department shall approve the method of data transmission for each inpatient psychia…

Rule 46:24:03:01 Correcting submitted data. 46:24:03:01. Correcting submitted data. Upon discovering an error in a report or upon the request of the department, a reporting inpatient psychiatric facility shall supply corrected or missing information within 30 days after discoveri…