South Dakota Administrative Code

67:61:04:07. Client orientation. The agency shall develop policy and procedures to ensure that a new client receives orientation to the program at or before the time of admission, or as soon thereafter as possible. The orientation must include: (1) The agency's purpose and a desc…

67:61:04:08. Description of treatment services. The agency shall provide, to all staff members, clients, the department, and upon request, to the public, a written description of each service offered. The description must include: (1) The eligibility criteria contained in § 67:61…

67:61:04:09. Staffing, training, and hours of operation. Each agency shall have policy and procedures to respond to potential medical emergencies that clients may encounter while residing at the agency. Each agency that provides treatment services shall provide adequate staffing,…

67:61:04:10. Support services directory. The agency shall maintain an electronic or printed directory with the name, address, and telephone number of credentialed service providers available to provide the agency's clients with the following services, if applicable: (1) Alcohol a…

67:61:05:01. Tuberculin screening requirements. Tuberculin screening requirements are as follows: (1) Each new staff member, intern, and volunteer must receive both steps of the two-step tuberculin skin test or a tuberculosis blood assay test to establish a baseline, within fourt…

67:61:05:02. Agency director. Each agency shall have an agency director whose qualifications, authority, and duties are described in writing. The agency director must be knowledgeable about substance use disorder treatment and services, and possess administrative skills. If the a…

67:61:05:03. Qualifications of addiction counselors. All agency staff that provide addiction counseling shall meet the standards for addiction counselors or addiction counselor trainees as established by the Board of Addiction and Prevention Professionals. A certificate and ident…

67:61:05:04. Qualifications of staff providing prevention services. Agency staff providing prevention programming shall complete the Substance Abuse Prevention Skills Training or Foundations of Prevention within one year of being hired. Evidence of completion must be placed in th…

67:61:05:05. Orientation of personnel. The agency shall provide orientation for all staff within ten working days after employment. The agency shall provide orientation for all contracted staff providing direct clinical services, interns, and volunteers, within ten working days a…

67:61:05:06. Employee and other personnel supervision. Each agency shall establish and enforce policy and procedures for supervising agency employees, interns, and volunteers. Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023. General Authority…

67:61:05:07. Clinical supervision. The board of directors or the agency director shall designate an addiction counselor to be responsible for supervising clinical services, and for providing required supervision of addiction counselor trainees. The methods of supervising clinical…

67:61:05:08. Personnel policies and records. An agency shall maintain personnel policies and records for all staff, including provisions for equal employment opportunities. An agency shall maintain a personnel file for each staff member, including any contracted staff, intern, or…

67:61:05:09. Organizational chart. Each agency shall have a current organizational chart that indicates lines of authority from the board of directors, if the agency has a board, or from the agency director, and lines of authority for all job classifications. The organizational c…

Rule 67:61:05:10 Workforce development and training. 67:61:05:10. Workforce development and training. The agency shall provide for ongoing training and consultation to enable staff and supervisors to carry out their responsibilities effectively. Source: 43 SDR 80, effective Decem…

Rule 67:61:05:11 Volunteers. 67:61:05:11. Volunteers. If an agency uses volunteers as support for programs, the agency shall establish and maintain a plan for recruiting, screening, training, and supervising the volunteers. Source: 43 SDR 80, effective December 5, 2016. General A…

67:61:05:12. Office of Inspector General Medicaid exclusion list. Each agency shall routinely check the List of Excluded Individuals and Entities, maintained by the U.S. Department of Health and Human Services Office of Inspector General, to ensure that each new hire, as well as …

67:61:06:01. Clients' rights. An agency shall ensure that clients' rights are protected. The agency shall give each client a copy of the clients' rights and responsibilities, in writing, or in an accessible format, upon admission, and shall discuss the rights and responsibilities…

67:61:06:02. Guaranteed rights. A client has rights guaranteed under the constitution and laws of the United States and this state, including: (1) The right to refuse prohibited treatment, as provided in SDCL 27A-12-3.22; (2) The right to be free of any exploitation or abuse; (3)…

67:61:06:03. Policy on abuse, neglect, and exploitation. Each agency shall establish a policy to prohibit abuse, neglect, and exploitation of a client. The policy must contain: (1) Definitions of abuse, neglect, and exploitation, pursuant to SDCL 22-46-1; (2) A requirement to rep…

67:61:06:04. Grievance procedures. Each agency shall establish a policy and procedures for receiving, considering, and responding to client grievances. The agency shall provide, to the client and the client's parent or guardian if the client is under the age of eighteen, a copy o…

67:61:06:05. Appeal of ineligibility or termination of services. A client, a client's parent in the case of a client under the age of eighteen, or a client's guardian, if applicable, may appeal, to the department, the agency's decision regarding the client's ineligibility for or …

67:61:06:06. Time and place of hearing. A fair hearing by an impartial hearing officer must be held within ninety days after receiving a request by the client, the client's parent in the case of a client under the age of eighteen, or the client's guardian, if applicable. The impa…

67:61:06:07. Discharge policy. Each agency shall establish a written discharge policy. The policy must specify: (1) Client behavior that constitutes a reason for discharge at staff request; (2) The procedure for the staff to follow when discharging a client involved in the commis…

67:61:06:08. Residential program rights. Each residential program shall ensure that all clients have: (1) The right to visitation with family and friends, subject to reasonable written visiting rules and hours established by the agency, provided agency personnel may impose limita…

67:61:07:01. Client identification data. Each agency shall establish a policy and procedures to collect and record client identification data, at the time of admission or as soon after admission as possible. Client identification data must be kept in the clinical file. Client ide…

67:61:07:02. Client admission policies. Each program shall establish a policy and procedures regarding the admission of a client into the program, to ensure the client meets the eligibility criteria for the level of care provided by the program. Source: 43 SDR 80, effective Decem…

67:61:07:03. Client review of client's clinical record. Each agency shall establish a written policy and procedures to govern a client's access to the client's clinical record. The policy and procedures must specify any conditions or restrictions on client access and must be avai…

67:61:07:04. Closure and storage of clinical records. The agency shall establish a policy and procedures to ensure the closure and storage of clinical records upon the completion or termination of a treatment program. The policy and procedures must: (1) Identify, by position or t…

67:61:07:05. Integrated assessment. An addiction counselor or addiction counselor trainee shall meet with the client and, if appropriate, the client's family, to complete an integrated assessment, within thirty days of the first day the intake process begins. The integrated asses…

67:61:07:06. Treatment plan. An addiction counselor or addiction counselor trainee shall develop an individualized treatment plan, based upon the integrated assessment for each client admitted to an outpatient treatment program, an intensive outpatient treatment program, a day tr…

67:61:07:07. Continued service criteria. The program staff or direct care provider shall document, for each client, the progress and reasons for retaining the client at the present level of care and create an individualized plan of action to address the reasons for retaining the …

67:61:07:08. Progress notes. The direct care provider must record at least one progress note in the client's clinical record each week when services are provided for any program, other than a prevention program. Progress notes must be included in the client's clinical record and …

67:61:07:09. Transfer or discharge criteria. It is appropriate to transfer or discharge a client from a present level of care if: (1) The client has achieved the goals articulated in his or her individualized treatment plan, by resolving each problem that justified admission to t…

67:61:07:10. Transfer or discharge summary. An addiction counselor or an addiction counselor trainee shall complete a transfer or a discharge summary for a client, within five working days after the client is transferred or discharged, regardless of the reason for the transfer or…

67:61:07:11. Admission of returning clients. The agency shall establish a policy and procedures to promote the continuity of care for a client who is readmitted. The procedures must include completing a new client case record and new admission record in the management information…

67:61:07:12. Tuberculin screening requirements. A designated staff member shall conduct tuberculin screening for the absence or presence of symptoms with each client newly admitted to outpatient treatment, intensive outpatient, day treatment, clinically-managed, low-intensity res…

67:61:08:01. Definitions. Terms used in this chapter mean: (1) "Controlled drug," any drug, substance, or chemical whose possession and use are regulated under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq., in effect July 1, 2021; (2) "Nasogastric tube," a tube t…

67:61:08:02. Control, accountability, and storage of medications and controlled drugs. Each residential program must meet the following requirements for the control, accountability, and safe storage of medications and controlled drugs: (1) Any client on medications for a substanc…

67:61:08:03. Storage of Schedule II, III, or IV drugs. A residential program may have a limited supply of Schedule II, III, and IV drugs in storage, if the program meets the following requirements: (1) The drugs are owned by a licensed pharmacy or licensed physician and stored in…

67:61:08:04. Records of receipt, administration, and disposition of scheduled drugs. Each residential program shall maintain a separate log book to record the receipt and disposition of all Schedule II drugs. A residential program shall maintain a record of the receipt and admini…

67:61:08:05. Medication and controlled drug destruction and disposal. Each agency shall establish a policy and procedures for the destruction and disposal of medication and controlled drugs in accordance with § 44:73:08:01.01. Source: 43 SDR 80, effective December 5, 2016; 50 SDR…

67:61:08:06. Medication administration defined. Medication administration in a residential program is the giving of medications, other than by the parenteral route or nasogastric tube, under the supervision of a licensed registered nurse. The person administering medicine shall: …

67:61:08:07. Delegation of nursing tasks. Delegation is the transfer of the authority to perform a specific nursing or medication administration task from a licensed registered nurse to unlicensed assistive personnel, pursuant to §§ 20:48:04.01:01, 20:48:04.01:02, and 20:48:04.01…

67:61:08:08. Administration of medications and controlled drugs. All medications and controlled drugs must be administered in a non-prohibited manner as set forth in SDCL 36-9-28. Each agency shall establish written policies concerning the administration of all medications, inclu…

67:61:08:09. Assistance with self-administration of medication or controlled drugs. Assistance with self-administration of medication or controlled drugs is the act of assisting a client with one or more steps in the process of taking medication or controlled drugs, but not the a…

67:61:08:10. Self-administration of medication or controlled drugs. A residential treatment program not employing a registered nurse, a licensed practical nurse, or unlicensed assistive personnel must make the controlled drug or medication available to a client for self-administr…

67:61:09:01. Planned dietetic services required. Each residential program shall develop and implement a written plan for meeting the basic nutritional needs, as well as any special dietetic needs, of each client. The program shall provide at least three meals a day. Any snacks pr…

67:61:09:02. Sanitation and safety standards. Each residential program shall meet the sanitation and safety standards for food service, as set forth in chapter 44:02:07. An agency that provides dietary services, by agreement or contract with a second party, shall ensure that the …

67:61:10:01. Safety and sanitation plan. For each setting in which the agency provides services, there must be a health, safety, sanitation, and disaster plan that ensures the health and safety of the individuals served. The plan must provide procedures for: (1) Responding to med…

67:61:10:02. Life safety codes. Each building an agency owns, rents, or leases, to provide residential services must comply with applicable fire safety standards, as set forth in the 2012 edition of the NFPA 101 Life Safety Code. An automatic sprinkler system is not required in a…