Title 34, PUBLIC HEALTH AND SAFETY
100 chapters · 1,735 sections in this title.
SDCL § 34-12-1.1 Definitions
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Terms used in this chapter mean: (1) "Adult foster care home," a family-style residence that provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally di…
SDCL § 34-12-11.1 Disclosure of public reimbursement rates required of nursing homes and related institutions
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All nursing homes, homes for the aged, and related institutions shall disclose all reimbursement rates established by the Department of Social Services under the medical assistance program upon request of any person. Source: SDCL, § 34-12-7 as added by SL 1978, ch 248 ; SL 1980, …
SDCL § 34-12-11.2 Visitation of patients and residents--Required post
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The Department of Health shall post on its website all state laws and rules, and all federal laws, regulations, and guidance documents, which address the visitation of patients in hospitals and residents in nursing facilities and assisted living centers. Source: SL 2022, ch 104 ,…
SDCL § 34-12-12 Lodging and food service laws not applicable to licensees
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No licensee under the provisions of this chapter shall be required to be licensed or inspected under the laws of this state relative to lodging or food service establishments. Source: SL 1945, ch 108 , § 5; SL 1953, ch 123 , § 5; SDC Supp 1960, § 27.1205.
SDCL § 34-12-13 Rules to protect patients' health and safety
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The State Department of Health may promulgate rules, pursuant to chapter 1-26 , which are necessary to protect the health and safety of patients cared for in licensed health care facilities. The regulations may be in regard to the following areas: (1) Sanitary and safe conditions…
SDCL § 34-12-14 Application of regulations and standards to Christian Science institution
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No regulations may be made, or standards established, under this chapter for any health care facility or related institution conducted in accordance with the practices and principles of the body known as the Church of Christ, Scientist except as to the sanitary and safe condition…
SDCL § 34-12-15 Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities
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All superintendents, or managers, or other persons in charge of hospitals, lying - in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and…
SDCL § 34-12-15.1 Handling of residents' funds by nursing homes--Definition of terms
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Terms used in §§ 34-12-15.1 to 34-12-15.10 , inclusive, unless the context otherwise requires mean: (1) "Nursing homes," public or private facilities licensed pursuant to this chapter 34-12 , as a skilled nursing facility, an intermediate care facility, or an assisted living cent…
SDCL § 34-12-15.10 Escheat of unclaimed funds of deceased resident--Notice and transfer to state
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If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the s…
SDCL § 34-12-15.2 Residents' funds kept separate--Free from facility's liabilities
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Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs. Source: SL 1977, …
SDCL § 34-12-15.3 Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer
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Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on…
SDCL § 34-12-15.5 Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond
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Each private nursing facility covered by §§ 34-12-15.1 to 34-12-15.10 , inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensin…
SDCL § 34-12-15.6 Records required on residents' funds--Form--Receipts kept
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Every nursing facility or other facility covered by the provisions of §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall, in addition to the requirements of § 34-12-15.2 , maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their c…
SDCL § 34-12-15.7 Records of residents' funds available for audit
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Records which are maintained pursuant to §§ 34-12-15.1 to 34-12-15.10 , inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same. Source: SL 1977, ch 279 , § …
SDCL § 34-12-15.8 Noncompliance as ground for revocation of administrator's license
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Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chap…
SDCL § 34-12-15.9 Surrender of funds on discharge of resident--Time allowed
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Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed rec…
SDCL § 34-12-16 Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings
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Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to § 34-12-13 . The provisions of this section do not apply to a licensed hospital or lic…
SDCL § 34-12-17 Information received by department confidential--Disclosure
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Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law. Source: SL 1945, ch 108 ,…
SDCL § 34-12-18 Unlicensed operation as misdemeanor
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Any person establishing, conducting, managing, or operating any health care facility or related institution without a license is guilty of a Class 1 misdemeanor. Source: SL 1925, ch 220 , § 7; SDC 1939, § 27.9927; SL 1945, ch 108 , § 9; SL 1953, ch 123 , § 9; SDC Supp 1960, § 27.…
SDCL § 34-12-19 Grounds for suspension or revocation of license
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The State Department of Health may suspend or revoke a license issued under this chapter on any of the following grounds: (1) Violation of any of the provisions of this chapter or the rules issued pursuant thereto; (2) Permitting, aiding, or abetting the commission of any unlawfu…
SDCL § 34-12-2 License required to operate institution
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No person, partnership, limited liability company, association, or corporation may establish, conduct, or maintain in the State of South Dakota, any health care facility or related institution for the hospitalization or care, or both, of human beings without first obtaining a lic…
SDCL § 34-12-2.1 Unlicensed institutions ineligible for state or federal funds
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No state or federal funds passing through the state treasury may be paid to a health care facility or related institution which does not have a license issued by the State Department of Health under this chapter. Source: SL 1986, ch 278 , § 14.
SDCL § 34-12-20 Procedure for suspension or revocation of license
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No license shall be suspended or revoked except in compliance with chapter 1-26 . Source: SL 1925, ch 220 , § 5; SDC 1939, § 27.1205; SL 1945, ch 108 , § 7; SL 1953, ch 123 , § 7; SDC Supp 1960, § 27.1207; SL 1972, ch 15 , § 4.
SDCL § 34-12-21 New license issued after suspension or revocation
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If a license is suspended or revoked as provided in § 34-12-19 , a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has bee…
SDCL § 34-12-22 Appeal from department
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Any person aggrieved by any decision or ruling of the said Department of Health may appeal under the provisions of chapter 1-26 . Source: SL 1925, ch 220 , § 5; SDC 1939, § 27.1205; SL 1945, ch 108 , § 7; SL 1953, ch 123 , § 7; SDC Supp 1960, § 27.1207; SL 1972, ch 15 , § 4.
SDCL § 34-12-29 Promulgation of rules regarding nurse aide registration
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The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration: (1) Education, training, and examination requirements; (2) Qualifications of nurse aide instructors; (3) Revocation, den…
SDCL § 34-12-3 Licensed child welfare agencies exempt from chapter
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The provisions of this chapter do not apply to any state institution, children's home, association or institution having the care of children or pregnant women under its control, which is required to be licensed or registered by the Department of Social Services under chapter 26-…
SDCL § 34-12-30 Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program
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Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under …
SDCL § 34-12-31 No charge against resident funds for services paid under medical assistance program
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No nursing facility may impose a charge against the moneys and funds of a resident for any item or service for which payment is made under the medical assistance program under chapter 28-6 or the federal medicare program. Source: SL 1991, ch 271 , § 7.
SDCL § 34-12-32 Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor
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Any person engaged in the business of operating a home or facility for the purpose of providing residential services for compensation to two or more elderly or disabled persons not related to the owner by blood or marriage shall register annually with the State Department of Heal…
SDCL § 34-12-33 Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection
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Upon receipt of a complaint, the Department of Health may enter and inspect any establishment or facility registered or required to be registered pursuant to § 34-12-32 to determine if there are violations of the licensing provisions of this chapter. Before entering an establishm…
SDCL § 34-12-34 Failure to register--Notice--Closure
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If a health care facility has not secured a license pursuant to this chapter, the State Department of Health shall notify the owner or operator of such facility. If the owner or operator refuses or fails to comply with the provisions of § 34-12-5 within fourteen calendar days aft…
SDCL § 34-12-35.10 Nursing facility beds at Michael J. Fitzmaurice Veterans Home
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Notwithstanding the provisions of § 34-12-35.4 , the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed seventy-eight. Source: SL 201…
SDCL § 34-12-35.12 Regional nursing facility--Designation
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A nursing facility may submit to the Department of Human Services an application for designation as a regional nursing facility. In order to obtain the designation, a nursing facility must: (1) Be enrolled and in good standing with South Dakota Medicaid; (2) Provide home and comm…
SDCL § 34-12-35.4 Number of beds in nursing facility
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No nursing facility in this state may operate more than the number of beds authorized by the Department of Health pursuant to this chapter and in existence on July 1, 2005. Source: SL 2005, ch 180 , § 1.
SDCL § 34-12-35.5 Access critical nursing facilities
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The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria: (1) No other nursing facility is l…
SDCL § 34-12-35.6 Redistribution of existing nursing facility beds
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in § 34-12-1.1 , so long as the total …
SDCL § 34-12-35.7 Annual consideration of need for additional nursing facility beds or new nursing facilities
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The Department of Health, with assistance from the Department of Human Services, shall annually consider the need for additional nursing facility beds or additional new nursing facilities or both in the state. The following factors shall be taken into consideration: (1) The curre…
SDCL § 34-12-35.8 Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules
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If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with § 34-12-35.7 , the department shall solicit and evaluate proposals to address the identified need. In doing s…
SDCL § 34-12-35.9 Authorization to increase number of nursing facility beds
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Notwithstanding the provisions of § 34-12-35.4 , an existing nursing facility as defined in § 34-12-1.1 may increase its number of beds with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any existing nursing facility a…
SDCL § 34-12-37 Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities
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A nursing facility which limits its admissions to only those persons who have resided in an adjacent self - care living unit operated by the nursing facility for at least one year, which also maintains an endowment to provide nursing bed care for such persons who are unable to pa…
SDCL § 34-12-38 Interest of Department of Social Services in funds of deceased resident receiving medical assistance
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Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility …
SDCL § 34-12-39.2 New nursing facilities--Limitations--Requirements
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No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to: (1) Eliminate or prevent imminent safety hazards as define…
SDCL § 34-12-39.4 New nursing facility as part of existing facility
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Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in§ 34-12-1.1 may be constructed, operated, and maintained as part of an existing nursing facility licensed under chapter 34-12 if: (1) The new nursing facility is located within fifteen miles of t…
SDCL § 34-12-39.5 Authorization to construct new nursing facility
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Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any new nursing facility…
SDCL § 34-12-39.6 Closure of existing nursing facility--Availability of authorized beds
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Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation, the authorized beds from that existing facility shall be held available by the department for eighteen months from the date the facility closes and shall be available for use b…
SDCL § 34-12-39.7 Authorization to construct new nursing facility in Moody County
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility may be constructed and operated on the Flandreau Santee Sioux Reservation in Moody County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursin…
SDCL § 34-12-39.8 Authorization to construct new nursing facility in Lyman County
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility may be constructed and operated on the Lower Brule Sioux Reservation in Lyman County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing fac…
SDCL § 34-12-4 Lodging establishments exempt from chapter
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Nothing in this chapter shall apply to lodging establishments or other similar places that furnish only board and room, or either, to their guests. Source: SL 1945, ch 108 , § 2; SL 1953, ch 123 , § 2; SDC Supp 1960, § 27.1202.
SDCL § 34-12-40 Continuing care agreement defined
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For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in § 34-12-1.1 , for the duration of the person's life, in c…