ARSD Article 44:73 — NURSING FACILITIES

HEALTH HEALTH

Chapter 44:73:01 Rules of general applicability

ARSD 44:73:01:01 Definitions

Terms used in this article mean:

(1) "Abuse," a criminal conviction for, or substantial evidence of:

(a) Emotional or psychological abuse as defined in SDCL subdivision 22-46-1(4);

(b) Exploitation as defined in SDCL subdivision 22-46-1(5); or

(2) "Activities program," a diversional program under the direction of a therapeutic recreation specialist or activity professional eligible for certification from the National Certification Council of Activity Professionals, or a qualified occupational therapist or occupational therapy assistant licensed pursuant to SDCL chapter 36-31;

(3) "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established by this article;

(4) "Administrator," a person licensed pursuant to SDCL chapter 36-28 and who maintains an office on the premises of the facility;

(5) "Adult day care," a nonresident program in a licensed facility that provides health, social, and related support services;

(6) "Clinical nurse Specialist," a person who practices the specialty of a clinical nurse specialist and who is licensed pursuant to SDCL chapter 36-9;

(7) "Department," the South Dakota Department of Health;

(8) "Dietary manager," a person who is a dietitian, a graduate of an accredited dietetic technician or dietetic manager training program, a graduate of a course that provides one hundred twenty or more hours of classroom instruction in food service supervision, or a certified dietary manager recognized by the Certifying Board for Dietary Managers and who functions with consultation from a dietitian;

(9) "Dietitian," a person who is registered with the Commission on Dietetic Registration as a dietician and holds a current license to practice in South Dakota pursuant to SDCL chapter 36-10B;

(10) "Distinct part," an entire ward or contiguous wards, wing, floor, or building, that is licensed at a specific level and all beds and related facilities thereof;

(11) "Exploitation," as defined in subdivision 22-46-1(5);

(12) "Facility," a place of business licensed in accordance with SDCL chapter 34-12 to provide health care for residents;

(13) "Governing body," an organized body of persons that is responsible for the quality of care in a health care facility, credentialing and granting privileges to the medical staff, maintaining the financial viability of the facility, and formulating institutional policy;

(14) "Healthcare personnel," any employee, staff, or individual working in a facility;

(15) "Interdisciplinary team," a group of persons selected from multiple health disciplines who have a diversity of knowledge and skills and who function as a unit to collectively address the medical, physical, mental or cognitive, and psychosocial needs of a resident;

(16) "Legend drug," any drug that requires the label bearing the statement, Caution: Federal law prohibits dispensing without prescription;

(17) "Licensed health professional," a physician, physician assistant, nurse practitioner, physical therapist, speech-language pathologist, occupational therapist, physical or occupational therapy assistant, nurse, nursing facility administrator, dietitian, pharmacist, respiratory therapist, or social worker who holds a current license to practice in this state or privilege to practice;

(18) "Medical staff," practitioners that operate under bylaws approved by the governing body and are responsible for reviewing the qualifications of practitioners applying for clinical privileges and for the provision of medical care to residents in a health care facility;

(19) "Memory care unit," a distinct part of a facility in which the physical environment and design maximizes functioning abilities, promotes safety, and encourages independence for a defined population, and is staffed by persons with training to meet the needs of residents admitted to the unit;

(20) "Misappropriation of resident property," the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a resident's belongings or money without the resident's consent;

(21) "Neglect," as defined in SDCL subdivision 22-26-1(6);

(22) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to practice in this state in accordance with SDCL chapter 36-9;

(23) "Nurse aide," as defined in subdivision 44:74:01:01(16);

(24) "Nurse practitioner," a person who practices the specialty of a nurse practitioner in accordance with SDCL chapter 36-9A;

(25) "Pharmacist," a person registered to practice pharmacy pursuant to SDCL chapter 36-11;

(26) "Physician," a person licensed to practice medicine pursuant to SDCL chapter 36-4;

(27) "Physician assistant," a person licensed pursuant to SDCL chapter 36-4A;

(28) "Practitioner," one of the following:

(a) A physician;

(b) A dentist licensed pursuant to SDCL chapter 36-6A;

(d) An optometrist licensed pursuant to SDCL chapter 36-7;

(e) A chiropractor licensed pursuant to SDCL chapter 36-5;

(f) A pharmacist;

(g) A physical therapist licensed pursuant to SDCL chapter 36-10;

(h) An occupational therapist licensed pursuant to SDCL chapter 36-31;

(i) A nurse practitioner;

(j) A physician assistant; or

(k) A speech-language pathologist licensed pursuant to SDCL chapter 36-37;

(29) "Qualified personnel," persons with the specific education or training to provide the health service for which they are employed;

(30) "Regular diet," a nutritionally adequate diet using food items and written recipes that can be prepared and correctly served by a staff person

(31) "Resident," a person not in need of acute care with a valid order by a physician, physician assistant, or nurse practitioner for services in a nursing facility;

(32) "Restraint," a physical, chemical, or mechanical device used to restrict the movement of a resident or the movement or normal function of a portion of the resident's body, excluding devices used for specific medical and surgical treatment;

(33) "Self-administration of medications," the removal of the correct dosage from the pharmaceutical container and the self-injecting, self-ingesting, or self-applying of the medication by the resident with no assistance or with assistance from qualified personnel of the facility for the correct dosage or frequency;

(34) "Social worker," a person who is licensed pursuant to SDCL chapter 36-26;

(35) "Social service designee," a person who has a degree in a behavioral science field, two years of previous supervised experience in a behavioral science field, is a licensed nurse, or has similar qualifications;

(36) "Therapeutic diet," any diet intervention ordered by a physician, physician assistant, or nurse practitioner or a dietician authorized by a physician, physician assistant, or nurse practitioner, that provides food, fluid, or nutrients via oral, enteral, or parenteral routes as part of the treatment for a disease or clinical condition to modify or eliminate micro-nutrients and macro-nutrients in the diet, or to alter food consistency;

(37) "Transfer" or "discharge," the movement of a resident to a bed outside a distinct part or outside a facility;

(38) "Treatment," a medical aid provided for the purposes of palliating symptoms, improving functional level, or maintaining or restoring health; and

(39) "Unlicensed assistive personnel," a person who is not licensed as a nurse in accordance with SDCL chapter 36-9 but who is trained to assist a nurse in the provision of nursing care to a resident as delegated by the nurse and authorized by chapter 20:48:04.01.

Note: National Certification Council of Activity Professionals, https://www.nccap.org.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 17 SDR 122, effective February 24, 1991; 19 SDR 95, effective January 7, 1993; 21 SDR 118, effective January 2, 1995; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 31 SDR 62, effective November 7, 2004; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:01:01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-7, 34-12-13.
Law Implemented: SDCL 34-12-13, 34-12-32.

ARSD 44:73:01:02 Posting of license

Each facility shall post the current license issued by the department on the premises of the facility in a place conspicuous to the public. The license remains the property of the department.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:01:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-7.
Law Implemented: SDCL 34-12-5, 34-12-7.

ARSD 44:73:01:03 Name of facility

Each facility shall use a pertinent and distinctive name in applying for a license. The facility name may not imply services in excess of the facility's licensure classification. The governing body of the facility or its designee shall provide prior written notice to the department of any name change for the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:01:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-7.
Law Implemented: SDCL 34-12-7.

ARSD 44:73:01:04 Bed capacity

The facility shall establish the bed capacity for the facility in accordance with chapter 44:73:12. The resident census may not exceed the bed capacity for which the facility is licensed. A request by the facility for an adjustment in bed capacity because of a change of purpose or construction must be approved by the department before any changes are made.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:01:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-7.
Law Implemented: SDCL 34-1-17, 34-12-7, 34-12-14.

ARSD 44:73:01:05 Acceptance and retention of residents

A facility shall accept and retain residents based on the facility's capabilities to meet the needs of the residents, the services provided in accordance with the facility classification as determined by the facility's medical director and governing body, and the following policies and procedures:

(1) A resident accepted for care by a licensed facility must be housed and treated within the facility;

(2) Healthcare personnel essential to maintaining adequate staff may not leave a licensed facility during their tour of duty in the facility to provide services to persons who are not residents of the facility with the exception of providing emergency care on premises contiguous to the facility's property;

(3) A facility shall provide facilities and programs consistent with the needs of any resident with:

(a) A developmental disability, as defined in SDCL 27B-1-18; or

(b) A mental condition that causes the resident to lack sufficient understanding or capacity to make responsible decisions to meet the ordinary demands of life, as evidenced by the resident's behavior, or that causes the resident to be a danger to self or others; and

(4) If a person other than a resident is accepted for care or to participate in any nursing service, dietary service, or activity program, the facility must include the person in the evaluation of staffing of nursing, dietary, and activity programs, and the provision of an infection control program. Services or programs provided to individuals other than residents may not infringe upon the needs of the residents.

History

Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:01:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-7, 34-12-13.
Law Implemented: SDCL 34-12-7, 34-12-13.

ARSD 44:73:01:06 Joint occupancy

The department may approve the use of a portion of a building for a purpose other than that covered by the facility's license if the facility shows that joint occupancy is not detrimental to the welfare of the residents. The area must be open to inspection by the department.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:01:06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:01:07 Reports to the department

Each facility shall report any of the following events to the department through the department's online reporting system within twenty-four hours of the discovery of the event:

(1) An attempted suicide by a resident;

(2) An incident or event where there is reasonable cause to suspect abuse or neglect of any resident by any person;

(3) A death resulting from other than natural causes that originated on facility property;

(4) A missing resident;

(5) A fire in the facility;

(6) A loss, for more than twenty-four hours, of utilities, an emergency generator, a fire alarm, sprinklers, or other critical equipment necessary for operation of the facility; or

(7) Unsafe water samples from pools or spas.

The facility shall conduct an internal investigation of the event and report the results to the department no later than five working days after the event.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:01:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024; 52 SDR 41, effective October 27, 2025.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:01:07.01 Reports to the Department of Human Services, law enforcement, or state's attorney

In addition to the reporting requirements in § 44:73:01:07, a facility shall report an event involving any reasonable cause to suspect abuse or neglect of a resident by any person, within twenty-four hours of the discovery of the event, orally or in writing, to the Department of Human Services, a law enforcement officer, or the state's attorney of the county where the facility is located.

History

Source: 51 SDR 53, effective November 11, 2024; 52 SDR 41, effective October 27, 2025.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:01:08 Plans of correction

Within ten days of the receipt of a statement of deficiencies, the licensed facility must submit to the department a written plan of correction for the citation of noncompliance with licensure requirements. The plan of correction must be signed, dated, and on the original forms provided by the department. The department may reject the plan of correction if there is no evidence the plan will cause the facility to attain or maintain compliance with SDCL chapter 34-12 and this article.

History

Source: 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:01:07.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:01:09 Modifications

The department may approve modifications to the staffing requirements provided in § 44:73:03:02 licensed facilities that are physically combined and jointly operated if:

(1) A hospital and nursing facility are co-located and the nursing facility has a licensed bed capacity of sixteen or less or the hospital has an acute care patient daily census of less than five; or

(2) A nursing facility and assisted living center are co-located.

To obtain a modification, the facility must submit a request in writing and explain how the modification will not jeopardize the health and safety of the patients or residents in either facility.

History

Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:01:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:01:10 Scope of article

Nothing in article 44:73 limits or expands the rights of any healthcare personnel to provide services within the scope of the professional's license, certification, or registration, as provided by South Dakota law.

History

Source: 31 SDR 62, effective November 7, 2004; transferred from § 44:04:01:11, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:02 Physical environment

ARSD 44:73:02:01 Sanitation

The facility must be designed, constructed, maintained, and operated to minimize the sources and transmission of infectious diseases to residents, patients, personnel, visitors, and the community at large. This requirement shall be accomplished by providing the physical resources, personnel, and technical expertise necessary to ensure good public health practices for institutional sanitation.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:02:02, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1).
Law Implemented: SDCL 34-12-13(1).

ARSD 44:73:02:02 Pets

No pet kept in or visiting a facility may negatively affect the well-being of a resident.

Cross-Reference: Physically disabled, blind or deaf person's right to be accompanied by guide dog without extra charge, SDCL 20-13-23.2.

History

Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:02:02.01, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1).
Law Implemented: SDCL 34-12-13(1).

ARSD 44:73:02:03 Cleaning methods and facilities

The facility shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, disinfecting, or sterilizing all work areas, equipment, utensils, and medical devices used for residents' care. Common use equipment shall be disinfected or sterilized after each use. Facilities shall have separate clean and soiled utility rooms.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:02:03, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(2).
Law Implemented: SDCL 34-12-13(2).

ARSD 44:73:02:04 Chemicals used to sanitize, disinfect, or sterilize

The label of chemicals used to sanitize, disinfect, or sterilize shall indicate registration with the Environmental Protection Agency as effective, safe, and approved for their intended use.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:02:03.01, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(2).
Law Implemented: SDCL 34-12-13(2).

ARSD 44:73:02:05 Sterilization

Before sterilization, a facility must decontaminate any instruments, supplies, utensils, and equipment that are not single service in a manner that will make the instruments, supplies, utensils, and equipment safe for handling by personnel. Supplies and equipment commercially prepared and sterilized to retain sterility indefinitely are acceptable in lieu of sterilization in the facility. A facility shall bacteriologically monitor autoclaves used for steam sterilization at least weekly. Supplies and equipment sterilized and packaged in the facility must have the processing date, the sterilizer number or unique identifier if more than one sterilizer is used, the cycle or load number, a description of the contents, and the identifier of the assembler on the package and must be reprocessed in accordance with any specific manufacturer's recommendation for sterilization and packaging.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:02:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:06 Housekeeping cleaning methods and equipment

The facility shall establish written housekeeping procedures for the cleaning of all areas in the facility and make copies available to all housekeeping personnel. All parts of the facility must be kept clean, neat, and free of visible soil, litter, and rubbish. Equipment and supplies must be provided for cleaning of all surfaces. The equipment must be maintained in a safe, sanitary condition. Hazardous cleaning solutions, chemicals, poisons, and substances must be labeled, stored in a safe place, and kept in an enclosed section separate from other cleaning materials. Cleaning of areas designed for resident use must be performed by dustless methods that minimize the spread of pathogenic organisms in the facility's atmosphere. Each vacuum used in the facility must be equipped to provide effective discharge air filtration of particles larger than 0.3 microns. All environmental surfaces within the facility that are subject to contamination from dust, direct splash, or pathogenic organisms must be cleaned, except medical equipment, supplies, or devices that are the responsibility of other services or departments of the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:02:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:07 Food service

Food service must be provided by a facility or food service establishment licensed in accordance with SDCL chapter 34-18 and inspected by a local, state, or federal agency. The facility shall meet the safety and sanitation procedures for food service in §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive. A facility of seventeen beds or more shall have a mechanical dishwasher. The facility shall have the space, equipment, supplies, and mechanical systems for efficient, safe, and sanitary food preparation if any part of the food service is provided by the facility.

Cross-Reference: Food service code, chapter 44:02:07.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:02:06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:08 Handwashing facilities

A handwashing facility must consist of hot and cold running water dispensed through a mixing faucet controlled with blade handles or hands-free controls, a towel dispenser with single-service towels or a hand-drying device, and a wall-mounted hand cleanser dispenser. A handwashing facility must be located in each dietary area, utility room, staff station, pharmacy, physical therapy room, restorative therapy room, examination and treatment room, laundry, and toilet room. A handwashing facility must be provided in each resident room or in a bath or toilet room connected directly to the room. If existing faucets and controls are replaced or changed, the faucets and controls must be replaced with mixing faucets controlled with blade handles or other hands-free controls.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 31 SDR 62 effective November 7, 2004; transferred from § 44:04:02:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:09 Linen

The supply of bed linen and towels must equal two times the licensed capacity of the facility. The facility shall develop and implement written procedures for the storage and handling of soiled and clean linens. The facility must contract with a commercial laundry service or the laundry service of another licensed health care facility for all common-use linens if laundry services are not provided on the premises. A facility providing laundry services shall have adequate space and equipment for the safe and effective operation of the laundry service.

The facility must process comingled residents' personal clothing, common-use linen, any isolation clothing, and housekeeping items by methods that assure disinfection. The facility must process laundry following the laundry equipment and cleaning agent recommendations. If hot water is used for disinfection, minimum water temperatures supplied for laundry purposes shall be one hundred sixty degrees Fahrenheit or seventy-one degrees centigrade. If chlorine bleach is added to the laundry process following the manufacturer's direction, the minimum hot water temperatures supplied for laundry purposes may be reduced to one hundred twenty degrees Fahrenheit or forty-nine degrees centigrade. The facility may wash commingled residents' personal clothing, common-use linen, and any isolation clothing in water temperatures less than one hundred twenty degrees Fahrenheit if:

(1) The supplier of the chemical specifies low-temperature wash formulas in writing for the machines used in the facility;

(2) Charts providing specific information concerning the formulas to be used for each machine are posted in an area accessible to personnel;

(3) The facility ensures that laundry personnel receive in-service training by the chemical supplier on a routine basis, regarding chemical usage and monitoring of wash operations; and

(4) The facility ensures that laundry personnel monitor chemical usage and wash water temperatures at least monthly to ensure conformance with the chemical supplier's instructions.

Any resident's personal clothing that is not commingled may be processed according to manufacturer's recommendations using water temperatures and detergent in a quantity as recommended by the garment or detergent manufacturer.

The facility shall have distinct areas for the storage and handling of clean and soiled linens. Areas used for the storage and handling of soiled linens must be negatively pressurized. The facility shall establish procedures for the handling and processing of contaminated linens. Soiled linen must be placed in closed containers prior to transportation. Clean linens must be transported in containers used exclusively for clean linens, kept covered with dust covers at all times while in transit or in hallways, and stored in areas designated exclusively for clean linens. The department shall review and approve any written request for any modification of the requirements of this section as to a facility's policy and procedure before any changes are made.

The facility shall sort and process environmental cleaning and disinfection cleaning cloths, microfiber cloths, mop heads, and other textiles in loads separate from healthcare textiles.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:02:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:10 Infection control

A facility's infection prevention and control program must utilize the concept of standard precautions as the basis for infection prevention and control. Bloodborne pathogen control must be maintained according to the requirements contained in 29 C.F.R. § 1910.1030, (July 1, 2023). The facility shall designate healthcare personnel to be responsible for the implementation of an infection control program that includes surveillance and reporting activities. The facility shall have written procedures that govern the use of aseptic techniques and procedures in all areas of the facility. Each facility shall develop written policies and procedures for the handling and storage of potentially hazardous substances. The facility shall have a method of control used in relation to the sterilization of supplies and a written policy requiring sterile supplies to be reprocessed. The facility shall provide orientation and continuing education to all facility personnel on the cause, effect, transmission, prevention, and elimination of infections. Each facility shall develop a written policy for evaluation and reporting of any employee with a reportable infectious disease.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:02:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13, 34-22-9.
Law Implemented: SDCL 34-12-13, 34-22-9.

ARSD 44:73:02:11 Plumbing

A facility's plumbing systems must be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1 and article 20:54. Plumbing must be sized, installed, and maintained to carry required quantities of water to required locations throughout the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:02:10, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:12 Water supply

A facility's water supply must be obtained from a public water system or, in its absence, from a supply approved by the Department of Agriculture and Natural Resources. Each private water supply must have a water sample bacteriologically tested at least monthly. The volume of water must be sufficient for the needs of the facility, including firefighting requirements. The hot water system must be capable of supplying the work and resident areas with water at the required temperatures. The maximum temperature for resident use is one hundred twenty-five degrees Fahrenheit, or fifty-two degrees centigrade. The minimum temperature of hot water for resident use is one hundred degrees Fahrenheit, or thirty-eight degrees centrigrade. A facility shall monitor water temperatues monthly, and maintain documentation in accordance with facility policy.

Cross-References:

Standards adopted for plumbing -- Conformity to Uniform Plumbing Code, SDCL 36-25-15.

Scope and objectives of plumbing standards and rules, SDCL 36-25-15.1.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:02:11, 42 SDR 51, effective October 13, 2015; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:12.01 Water supply -- Control of Legionella

A facility shall maintain, for each water supply system in the facility, one part per million free residual chlorine at remote point-of-use fixtures, or another equivalent bacteriological control method for the control of Legionella. A facility may increase the water temperature range from one hundred twenty-two degrees to one hundred twenty-five degrees Fahrenheit, or fifty degrees to fifty-two degrees centigrade, for the control of Legionella. The facility shall document water temperatures to verify the hot water temperature is being maintained within the acceptable range for the control of Legionella. If hot water temperatures are outside the acceptable range, the facility must conduct chlorine testing using photocell and light source N, N, Diethyl-p-phenylenediamine test kits and log the test results. If testing demonstrates that consistent chlorine levels are maintained, the facility may conduct monthly chlorine testing.

History

Source: 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:13 Ventilation

A facility shall provide electrically powered exhaust ventilation in all soiled areas, wet areas, toilet rooms, and storage rooms. Clean storage rooms may also be ventilated by supplying and returning air from the building's air-handling system.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:02:12, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:14 Lighting

Spaces occupied by people, machinery, and equipment within buildings and their approaches and parking lots shall have artificial lighting at a level for general safety. Each resident bedroom shall have general lighting and night lighting. A reading light shall be provided for each resident who can benefit from one. Each required exit shall be equipped with continuous emergency lighting. Emergency power shall be provided if the main source of power fails.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:02:13, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1).
Law Implemented: SDCL 34-12-13(1).

ARSD 44:73:02:15 Refuse and waste disposal

A facility shall handle and dispose of garbage, refuse, and waste in a safe and sanitary manner. Final disposal of all refuse and waste must comply with articles 74:27 and 74:28. A facility shall remove putrescible garbage at a frequency to contain or prevent odors, insects, and vermin.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:02:14, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:16 Insect and rodent control

The facility shall take effective measures to protect against the entrance into the facility and the breeding or presence on the premises of rodents, flies, roaches, and other vermin. The facility may use chemical substances of a poisonous nature in accordance with the requirements of this section to control or eliminate various types of vermin. The substances shall be properly colored and labeled to identify them as poisons, shall be used and stored in a safe manner, and may not be stored with food or drugs used for human consumption. Extreme care shall be taken to prevent any poisons from contaminating food or food products.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:02:15, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1).
Law Implemented: SDCL 34-12-13(1).

ARSD 44:73:02:17 Sewage disposal

Sewage shall be disposed of in a public sewage works system or, in its absence, in a manner approved by the department in accordance with SDCL chapter 34A-2.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:02:16, 42 SDR 51, effective October 13, 2005.
General Authority: SDCL 34-12-13(1).
Law Implemented: SDCL 34-12-13(1).

ARSD 44:73:02:18 Occupant protection

Each facility must be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to the occupants. The extent and complexity of occupant protection precautions is determined by the services offered and the physical needs of the residents admitted to the facility. The facility shall:

(1) Develop and implement a written and scheduled preventive maintenance program;

(2) Provide securely constructed and conveniently located grab bars in all toilet rooms and bathing areas used by residents;

(3) Provide a call system for each resident bed and in all toilet rooms and bathing facilities routinely used by residents. The call system must be capable of being easily activated by the resident and must register at a staff station serving the unit. A wireless call system may be used;

(4) Provide handrails firmly attached to the walls on both sides of all resident corridors;

(5) Provide grounded or double-insulated electrical equipment or protect the equipment with ground fault circuit interrupters. Ground fault circuit interrupters must be provided in wet areas and for outlets within six feet of sinks;

(6) Install an electrically-activated audible alarm on all unattended exit doors. Any other exterior doors must be locked or alarmed. The alarm must be audible at a designated staff station and may not automatically silence when the door is closed;

(7) Prohibit the use of a portable space heater, portable halogen lamp, household-type electric blanket, or household-type heating pad in the facility;

(8) Ensure that any light fixture located over a resident bed, in any bathing or treatment area, in a clean supply storage room, in any clean laundry and linen storage area, or in any medication set-up area is equipped with a lens cover or a shatterproof lamp;

(9) Ensure any clothes dryer has a galvanized metal transition duct for exhaust or UL 218-rated flexible transition duct; and

(10) Ensure that the storage and transfilling of oxygen cylinders or containers meets the requirements of the NFPA 99 Health Care Facilities Code, 2012 Edition, chapter 11.

Reference: NFPA 99 Health Care Facilities Code, 2012 edition, National Fire Protection Association. Copies may be obtained at https://www.nfpa.org/product/nfpa-99-code/p0099code?Edition=2012&Language=English&Format=Softbound&type=digital. Cost: $149.00.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:02:17, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:19 Area requirements for licensed resident rooms

Each resident multi-bed room must have at least seventy-five square feet, or 6.98 square meters, of floor space per bed, with at least three feet, or 0.91 meters, between beds, exclusive of closets and wardrobes. Each resident single room must have ninety-five square feet, or 8.83 square meters, exclusive of closets and wardrobes. Each resident shall have for individual use in the assigned room a bed, a bedside stand, and a chair appropriate for the needs and comfort of the resident. Each facility shall have ten square feet, or 0.93 square meters, of general storage for each bed. Each facility must have a total of thirty-seven and one-half square feet, or 3.48 square meters, of recreational, activity, dining, and occupational therapy area for each bed and each adult day care resident in the facility. Each facility must be constructed, equipped, and operated to maintain the privacy and dignity of all residents. In a multi-bed room, each bed must be able to be separated from the other beds by privacy curtains.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:02:18, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:19.01 Repealed

Room required for isolation techniques.** Repealed.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:02:18.01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:02:20 Office required for social services activities

A facility shall provide an office for social services activities that is large enough to accommodate private consultation and record keeping and that is easily accessible to residents.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:02:18.02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:21 Physical plant changes

A facility shall submit to the department any proposed change due to new construction, remodeling, or change of use of an area. Any change must have the approval of the department before it is made.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:02:19, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:22 Location

The location of a facility must promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. A facility must be served by passable roads and accessible by personnel, visitors, and firefighting services.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:02:20, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:23 Heating and cooling

A facility must maintain a temperature in any occupied space between sixty-eight and eighty degrees Fahrenheit during waking hours and not lower than sixty-four degrees Fahrenheit during sleeping hours. An individual resident's space may be maintained outside the required range when desired by the occupant.

History

Source: 29 SDR 81, effective December 11, 2002; transferred from § 44:04:02:21, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:02:24 Repealed

Seclusion rooms in hospitals.** Repealed.

History

Source: 30 SDR 84, effective December 4, 2003; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:04:22, repealed, 42 SDR 51, effective October 13, 2015.

Chapter 44:73:03 Fire protection

ARSD 44:73:03:01 Fire safety code requirements

Each facility must meet applicable fire safety standards in NFPA 101 Life Safety Code, 2012 edition, chapters 18 and 19.

Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at . Cost: $160.00.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:03:01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:03:02 General fire safety

Each facility must be constructed, arranged, equipped, maintained, and operated to avoid undue danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape from the structure in case of fire or other emergency. The facility shall conduct fire drills quarterly for each shift. If the facility is not operating with three shifts, the facility must conduct monthly drills to provide training for all personnel. At least two healthcare personnel must be on duty at all times. In a multilevel facility, at least one healthcare personnel must on duty on each floor containing occupied beds.

Cross-Reference: Fire safety code requirements, § 44:73:03:01.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:03:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:04 Management and administration

ARSD 44:73:04:01 Repealed

Administrative management.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:04:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:04:02 Governing body

Each facility operated by limited liability partnership, a corporation, or political subdivision shall have an organized governing body legally responsible for the overall conduct of the facility. If the facility is operated by an individual or partnership, the individual or partnership shall carry out the functions in this chapter pertaining to the governing body. The governing body shall establish and maintain administration policies, procedures, or bylaws governing the operation of the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:04:02, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(5).
Law Implemented: SDCL 34-12-13(5).

ARSD 44:73:04:02.01 Repealed

Hospital medical staff.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; transferred from § 44:04:05:04, 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:04:02.01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:04:03 Administrator

The governing body shall designate a qualified administrator to represent the governing body and to be responsible for the daily overall management of the facility. The administrator shall designate a qualified person to represent the administrator during the administrator's absence. The governing body shall notify the department in writing of any change of administrator.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:04:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:04 Personnel

The facility shall have a sufficient number of qualified personnel to provide effective and safe care. Healthcare personnel on duty must be awake at all times. Any supervisor must be eighteen years of age or older. The facility shall make available written job descriptions and personnel policies and procedures to personnel of all departments and services. The facility may not knowingly employ any person with a conviction for abusing another person. The facility shall establish and follow policies regarding healthcare personnel on contract.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998: 38 SDR 115, effective January 9, 2012; transferred from § 44:04:04:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:05 Personnel training

The facility shall have a formal orientation program and an ongoing education program for all healthcare personnel. All healthcare personnel must complete the orientation program within thirty days of hire and the ongoing education program annually thereafter. The orientation program and ongoing education program must include the following subjects:

(1) Fire prevention and response;

(2) Emergency procedures and preparedness;

(3) Infection control and prevention;

(4) Accident prevention and safety procedures;

(5) Proper use of restraints;

(6) Resident rights;

(7) Confidentiality of resident information;

(8) Incidents and diseases subject to mandatory reporting and the facility's reporting mechanisms;

(9) Care of residents with unique needs;

(10) Dining assistance, nutritional risks, and hydration needs of residents;

(11) Abuse and neglect; and

(12) Advanced directives.

Any personnel whom the facility determines will have no contact with residents are exempt from training required by subdivisions (5) and (8) to (12), inclusive, of this section.

The facility shall provide additional personnel education based on the facility's identified needs.

The facility shall make available current professional and technical reference books and periodicals for personnel.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:04:05, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:06 Personnel health program

The facility shall have a personnel health program for the protection of the residents. Before assignment to duties or within fourteen days after employment, a licensed health professional must evaluate all personnel to ensure no personnel is infected with any reportable communicable disease that poses a threat to others. The evaluation must include an assessment of previous vaccinations and tuberculin skin tests. The facility may not allow anyone with a communicable disease, during the period of communicability, to work in a capacity that would allow spread of the disease. Personnel absent from duty because of a reportable communicable disease that may endanger the health of residents, and fellow personnel may not return to duty until the personnel is determined by a physician, physician's designee, physician assistant, nurse practitioner, or clinical nurse specialist to no longer have the disease in a communicable stage.

Cross-Reference: Definitions and reportable diseases and conditions, chapter 44:20:01.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:04:06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:07 Admissions of residents

The governing body of the facility shall establish and maintain admission, transfer, and discharge policies, with written evidence to ensure a resident admitted to and retained in the facility receives care within the licensure classification of the facility or its distinct part. A nursing facility may admit and retain residents only on the orders of a physician, physician assistant, or nurse practitioner, and if the nursing facility is able to provide care to the residents safely and effectively.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; transfer agreement transferred to § 44:04:04:15, 17 SDR 122, effective February 24, 1991; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:04:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:08 Admission of residents with communicable diseases

A facility may admit a resident who is infected with a communicable disease that is reportable to the department, pursuant to SDCL 34-22-12 if the facility provides appropriate infection to prevent the spread of the communicable disease. If the facility admits a resident with a communicable disease or antibiotic-resistant organism, or after admission, a resident is suspected of having a communicable disease or antibiotic-resistant organism, the facility must:

(1) Provide training to all healthcare personnel related to infection control to measures and information about the state's reportable diseases list;

(2) Have written procedures and protocols for healthcare personnel to follow to avoid exposure to the resident's blood or body fluids; and

(3) Have written infection control procedures in practice that prevent the spread of the communicable disease or antibiotic-resistant organism.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:04:07.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13, 34-22-9.

ARSD 44:73:04:09 Prevention and control of influenza

Each facility shall arrange for annual influenza vaccinations for all residents. The facility must offer each resident an influenza vaccine upon admission and annually during the influenza season. The facility shall record the vaccination or the resident's refusal to receive the vaccination in the resident's medical record.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:04:07.03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13, 34-22-9.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:10 Prevention and control of pneumonia

Each facility shall arrange for immunization for pneumococcal disease. If immunization is lacking and the resident's physician, physician assistant, or nurse practitioner recommends immunization, the nursing facility must arrange for an immunization for pneumococcal pneumonia within fourteen days of the resident's admission. The facility shall record the immunization or the resident's refusal to receive the immunization in the resident's medical record.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:04:07.04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13, 34-22-9.
Law Implemented: SDCL 34-12-13, 34-22-9.

ARSD 44:73:04:11 Disease prevention

Each facility shall implement an organized infection control program for preventing, investigating and controlling infection. The facility shall establish and implement written policies regarding visitation in the various services and departments of the facility. Any visitor who has an infectious disease, who has recently recovered from an infectious disease, or who has recently had contact with an infectious disease must be discouraged from entering the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:04:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:12 Tuberculin screening and testing requirements

Each facility shall develop criteria to screen healthcare personnel and residents for Mycobacterium tuberculosis (TB) based on the Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019. Each facility shall establish policies and procedures for conducting TB risk assessments that include responsibility, surveillance, and containment. The frequency of repeat screenings depend upon annual risk assessments conducted by the facility. Any resident identified as asymptomatic upon admission with an anticipated stay of thirty days or less is not required to have a tuberculin skin test or a TB blood assay test.

Tuberculin screening requirements for healthcare personnel or residents are as follows:

(1) Each new healthcare personnel or resident shall receive an initial individual TB risk assessment and the two-step method of tuberculin skin test or a TB blood assay test to establish a baseline within twenty-one days of employment or admission to a facility. The qualified personnel must record the assessment and the test in the employee's record or the resident's medical record. Any two documented tuberculin skin tests completed within a twelve-month period prior to the date of admission or employment is considered a two-step test. A TB blood assay test completed within a twelve-month period prior to the date of admission or employment is an adequate baseline test. Skin testing or TB blood assay tests are not necessary if a new healthcare personnel or resident transfers from one licensed healthcare facility to another licensed healthcare facility within the state if the facility received documentation from the transferring healthcare facility, healthcare personnel, or resident, of the last skin testing having been completed within the prior twelve months. Skin testing or a TB blood assay test is not necessary if documentation is provided by the transferring healthcare facility, healthcare personnel, or resident, of a previous positive reaction to either test. Any new healthcare personnel or resident who has a newly recognized positive reaction to the skin test or TB blood assay test must have a medical evaluation and a chest X-ray to determine the presence or absence of the active disease;

(2) A new healthcare personnel or resident who provides documentation of a positive reaction to the tuberculin skin test or TB blood assay test must have a medical evaluation and chest X-ray to determine the presence or absence of the active disease;

(3) Each healthcare personnel or resident with a history of a positive reaction to the tuberculin skin test or blood assay must be evaluated annually by a physician, physician assistant, nurse practitioner, clinical nurse specialist, or nurse, and a record must be maintained of the presence or absence of symptoms of TB. If this evaluation results in suspicion of active tuberculosis, the person must be referred for further medical evaluation to confirm the presence or absence of tuberculosis; and

(4) Each healthcare personnel or resident identified at increased risk for TB because of an occupational risk or current or planned immunosuppression shall receive an annual TB risk screening.

Reference:Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019. Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report, May 17, 2019. Copies may be obtained at no cost at https://www.cdc.gov/mmwr/volumes/68/wr/mm6819a3.htm.

History

Source: 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 31 SDR 62, effective November 7, 2004; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:04:08.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13(1)(5)(14), 34-22-9.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:12.01 Tuberculosis education for healthcare personnel. A facility shall provide yearly education to all healthcare personnel on TB risk factors, the signs and symptoms of TB, and the TB infection control policies and procedures of the facility. Source: 51 SDR 53, effective November 11, 2024. General Authority: SDCL 34-12-13, 34-22-9. Law Implemented: SDCL 34-12-13

Tuberculosis education for healthcare personnel. A facility shall provide yearly education to all healthcare personnel on TB risk factors, the signs and symptoms of TB, and the TB infection control policies and procedures of the facility.

History

Source: 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13, 34-22-9.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:13 Care policies

Each facility shall establish and maintain policies, procedures, and practices that follow accepted standards of professional practice to govern care, and related medical or other services necessary to meet the residents' needs. Each facility shall establish and maintain policies and procedures for the management of adult day care clients and respite care residents if the facility offers those services.

For the purposes of this section, the term "respite care" means care permitted within the scope of a facility license, with a limited stay no greater than thirty days for any one resident.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:04:11, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:14 Memory care units

Each facility with a memory care unit shall comply with the following provisions:

(1) Each physician's, physician assistant's, or nurse practitioner's order for confinement that includes medical symptoms that warrant seclusion or placement must be documented in the resident's chart and must be reviewed periodically by the physician, physician assistant, or nurse practitioner;

(2) Therapeutic programming must be provided to residents of the facility and must be documented by the facility in the overall plan of care pursuant to § 44:73:06;05;

(3) Confinement may not be used as a punishment or for the convenience of the personnel;

(4) Confinement and its necessity must be based on a comprehensive assessment of the resident's physical and cognitive and psychosocial needs, and the risks and benefits of this confinement must be communicated to the resident's family;

(5) Locked doors must conform to Sections: 18.2.2.2.5 and 19.2.2.2.5 of the NFPA 101 Life Safety Code, 2012 edition; and

(6) Any personnel assigned to the memory care unit shall have specific training regarding the unique needs of residents in that unit. At least one caregiver must be on duty in the memory care unit at all times.

For the purposes of this section, the term "therapeutic programming" means any purposeful activity that fosters social, emotional, physical, cognitive, and mental wellbeing.

Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at . Cost: $160.00.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:04:11.01; 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:15 Restraints

Each facility shall have written policies and procedures for all restraint use. The use of restraints must be based on a comprehensive assessment of the resident's physical and cognitive abilities, evaluation and effectiveness of less restrictive alternatives, and an involvement of the resident in weighing the benefits and consequences. Restraint use requires a physician's, physician assistant's, or nurse practitioner's order that specifies time frames and types of restraints. Continued use of the restraint and reorders may be given only by an order of a physician, physician assistant, or nurse practitioner and following an assessment of the resident's condition by the interdisciplinary team. Restraints must be physically checked as ordered and documented by nursing personnel. Restraints may not be used to limit mobility, for convenience of personnel, for punishment, or as a substitute for supervision. Restraints may not hinder evacuation of the resident during fire or cause injury to the resident.

History

Source: 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:04:11.02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:16 Transfer agreement

Transfer agreements. Each facility shall have a transfer agreement with one or more hospitals able to provide prompt inpatient hospital care to the facility's residents when needed. The agreement must provide for an interchange of medical and other information necessary or useful in the care and treatment of a resident transferred between the facilities.

History

Source: Transferred from § 44:04:04:07, 17 SDR 122, effective February 24, 1991; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:04:15, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:17 Quality assessment

Each facility shall evaluate the quality of services provided to residents on an ongoing basis. The evaluation must include establishment of facility standards, interdisciplinary review of resident services to identify deviations from the standards and actions taken to correct deviations, resident satisfaction surveys, utilization of services provided, and documentation of the evaluation and report to the governing body.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:04:16, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:04:18 Discharge planning

A facility shall have an effective discharge planning process that includes the discharging resident and the resident's caregiver or support person as an active partner for post-discharge care. The discharge planning process and discharge plan must:

(1) Be consistent with the resident's goals and treatment preferences;

(2) Ensure an effective transition of the resident from the facility to discharge care; and

(3) Reduce the factors leading to preventable readmission to the facility.

The facility shall have policies and procedures to support the discharge planning process that outline the person responsible for discharge planning, members of the discharge planning team, a list of all area agencies and resources, and a description of the process.

The facility shall initiate planning with applicable agencies to meet the resident's identified needs, and the resident must be offered assistance to obtain needed services prior to discharge.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:04:17, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:05 Physician, physician assistant, and nurse practitioner services

ARSD 44:73:05:01 Repealed

Admissions to hospitals.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:05:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:05:02 Admissions

A facility may admit a resident only on the written order of a physician, physician assistant, or nurse practitioner. The attending physician, physician assistant, or nurse practitioner shall provide the facility with documented information regarding current medical findings and written orders for the immediate care of the individual that includes a medical evaluation, diagnosis, and rehabilitation potential. A physician, physician assistant, or nurse practioner shall continue to supervise the resident's health care. If a resident transfers from one nursing facility to another while retaining the same physician, physician assistant, or nurse practitioner, the schedule for physician, physician assistant, or nurse practitioner visits must continue and the requirement for the physical examination must be waived.

The resident must be seen by the attending physician, physician assistant, or nurse practitioner at least once every thirty days for the first ninety days following admission. After ninety days post-admission, the physician, physician assistant, or nurse practitioner shall visit the resident whenever necessary, but the time between visits may not exceed sixty days.

The facility shall follow the physician visit requirements as outlined in 42 C.F.R. § 483.30(c) (September 17, 2024). A physician may not delegate a task if the regulations specify that the physician must perform the task personally, or if delegation is prohibited under state law or by the facility's own policies.

The physician, physician assistant, or nurse practitioner shall review the resident's total care program including medications and treatments during the physician's, physician assistant's, or nurse practitioner's visit.

History

Source: 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:05:01.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:05:03 Medical orders

All medical orders, including verbal orders, must be in writing or electronic format and signed by a physician, physician assistant, or nurse practitioner. A verbal order may be taken only when there is an urgent need to initiate or change a medical order. The physician, physician assistant, or nurse practitioner shall sign or initial any verbal orders for residents on the physician's, physician assistant's, or nurse practitioner's next visit to the facility. Each resident's physician, physician assistant, or nurse practitioner is responsible for documenting written orders and progress notes on each resident's clinical record.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:05:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:05:04 Emergency physician, physician assistant, or nurse practitioner coverage

A resident's physician, physician assistant, or nurse practitioner shall arrange for the care of the resident by an alternate physician, physician assistant, or nurse practitioner during the physician's, physician assistant's, or nurse practitioner's unavailability.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:05:03, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(6)(14).
Law Implemented: SDCL 34-12-13(6)(14).

ARSD 44:73:05:05 Repealed

Physician extenders.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:05:06, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:05:06 Medical director required

A facility shall appoint a physician licensed in South Dakota to serve as a medical director. The medical director shall ensure all services are provided only by qualified personnel.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:05:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:05:07 Physician services for hospice patients

A facility shall provide or arrange for physician services once a resident elects hospice care. Each resident must designate an attending physician upon admission or when they elect hospice care.

History

Source: 22 SDR 70, effective November 19, 1995; transferred from § 44:04:05:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:01 Repealed

Nursing service for hospitals and nursing facilities.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:06:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:06:02 Repealed

Organized nursing service.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:06:02, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:06:03 Director of nursing

A facility shall have a full-time registered nurse designated as the director of nursing who is responsible for the organization of the entire nursing service and who serves during the day shift. The director may not serve in a dual role as the administrator of the facility and the director of nursing.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 17 SDR 122, February 24, 1991; 22 SDR 70, effective November 22, 1995; transferred from § 44:04:06:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:04 Nursing policies and procedures

The facility shall establish and maintain policies and procedures that assist the nursing staff with meeting the following administrative and technical responsibilities:

(1) The noting of diagnostic and therapeutic orders;

(2) Assigning the nursing care of residents;

(3) Administration and control of medications;

(4) Charting by nurses;

(5) Documentation by healthcare personnel;

(6) Infection control;

(7) Resident safety;

(8) Delineation of orders from nonphysician practitioners; and

(9) Activities of daily living to maintain each resident's physical functioning and personal care.

For the purposes of this section, the term "activities of daily living" means tasks of transferring, moving about, dressing, grooming, toileting, bathing, and eating performed routinely by a person to maintain physical functioning and personal care.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:06:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:05 Resident care plans and programs

The facility shall provide nursing services that provide safe and effective care from the day of admission through the development and implementation of a written care plan for each resident. The care plan must address the medical, physical, mental, and emotional needs of the resident.

The care plan must be based on the resident assessments required in § 44:73:06:10 and must be developed and approved by:

(1) The resident's physician, physician assistant, or nurse practitioner;

(2) The resident, the resident's family, or the resident's legal representative;

(3) An interdisciplinary team consisting of at least a licensed nurse, the facility's social worker or social service designee, the dietary manager or dietitian, the coordinator of the activities program, and other staff in disciplines determined by the resident's needs.

The care plan must describe the services necessary to meet the resident's medical, physical, mental or cognitive, nursing, and psychosocial needs and must contain objectives and timetables to attain and maintain the highest level of functioning of the resident. The initial care plan must be developed and implemented within forty-eight hours of the completion of all resident assessments required in § 44:73:06:10.

Each facility shall provide restorative care services to meet resident needs.

Cross-Reference: Record content, subdivision 44:73:09:04(4).

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 17 SDR 122, effective February 24, 1991; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:06:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:06 Repealed

Nursing service staffing for hospitals.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 17 SDR 122, effective February 24, 1991; repealed, 22 SDR 70, effective November 19, 1995; transferred from § 44:04:06:08, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:06:07 Nursing service staffing

44:73:06:07 Nursing service staffing. A facility shall maintain a licensed nurse in charge of nursing activities during each tour of duty. The director of nursing may not serve as charge nurse in a facility with an average daily occupancy of sixty or more residents. The facility shall have adequate staff to meet the resident's total care needs at all times. The ratio of licensed nurses to aides must be sufficient to ensure professional guidance and supervision in the nursing care of the residents.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:06:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:08 Intermittent nursing care, Repealed

Intermittent nursing care. Repealed.

History

Source: 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:06:11.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.

ARSD 44:73:06:09 Hospice services

Each facility offering hospice services, as defined in subdivision 44:79:01:01(14), shall provide services to a terminally ill resident or arrange for the services by a hospice program under a written plan established and periodically reviewed by the resident's attending physician, physician assistant, or nurse practitioner. The hospice agency shall provide for care and services in the facility. Unlicensed personnel of a facility may not accept any delegated skilled tasks from any hospice providers pursuant to SDCL chapter 36-9.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:06:13, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:10 Resident assessments

Each facility shall make a comprehensive assessment of the functional, medical, mental, nursing, and psychosocial needs of each resident.

The facility shall use the resident assessment instrument described in the Long Term Care Facility Resident Assessment Instrument 3.0 User's Manual, Version 1.19.1 or an instrument substantially equivalent as determined by the department.

Reference: Long Term Care Facility Resident Assessment Instrument 3.0 User's Manual, Version 1.19.1, October 2024. Copies may be obtained at no cost at https://www.cms.gov/files/document/finalmds-30-rai-manual-v1191october2024.pdf.

History

Source: 17 SDR 122, effective February 24, 1991, and April 1, 1991; transferred from § 44:04:04:13, 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:06:15, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:06:11 Repealed

Resident assessment reviews.** Repealed.

History

Source: 17 SDR 122, effective February 24, 1991; transferred from § 44:04:04:14, 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:06:16, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:06:12 Repealed

Nursing service staffing for hospice facilities.** Repealed.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:06:17, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:06:13 Nurse aides, Repealed

Nurse aides. Repealed.

History

Source: 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.

Chapter 44:73:07 Dietetic services

ARSD 44:73:07:01 Repealed

Dietetic standards for all facilities.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:07:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:07:01.01 Dietetic services

The facility shall have an organized dietetic service that meets the daily nutritional needs of residents.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:07:02, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(8).
Law Implemented: SDCL 34-12-13(8).

ARSD 44:73:07:02 Food safety

Hot food must be held at or above one hundred thirty-five degrees Fahrenheit, or 57.2 degrees centigrade, and served promptly after being removed from the temperature holding device. Cold foods must be held at or below forty-one degrees Fahrenheit, or five degrees centigrade, and served promptly after being removed from the holding device. Milk and milk products must be from a source approved by the Department of Agriculture and Natural Resources. Fluid milk must be Grade A, and only fluid milk may be used for drinking purposes. Grade A pasteurized dried milk may be used to fortify nutritional supplements only if consumed within four hours of preparation.

Cross-Reference: Food service code, chapter 44:02:07.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:07:02.01, 42 SDR 51, effective October 13, 2015; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:03 Nutritional adequacy

The dietetic service of the facility shall prepare food that is nutritionally adequate in accordance with the Recommended Dietary Allowances and is chosen from each of the five basic food groups listed in the Dietary Guidelines for Americans, 2020-2025, in accordance with consideration for individual needs and reasonable preferences.

Reference: Dietary Guidelines for Americans, 2020-2025, United States Department of Agriculture. Copies may be obtained at no cost at https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:07:02.02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:04 Food substitutions

Reasonable substitutions of equal nutritional value shall be offered to residents who refuse or are unable to eat the food served.

History

Source: 22 SDR 70, effective November 19, 1995; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:07:02.03, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(8).
Law Implemented: SDCL 34-12-13(8).

ARSD 44:73:07:05 Food supply

The facility shall maintain an on-site supply of perishable and nonperishable foods to meet planned menus for three days. A facility shall maintain an additional supply of nonperishable foods as part of the facility's emergency preparedness plan. A facility may use military meals ready to eat and dried milk in an emergency event according to the facility's emergency response plan.

History

Source: 22 SDR 70, effective November 19, 1995; transferred from §44:04:07:02.04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:06 Therapeutic diets

The dietetic service of the facility shall provide for the needs of those residents requiring therapeutic diets.

History

Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:02.05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:07 Social needs and dining arrangements

The dietetic service of the facility, in cooperation with other departments or services, shall meet the social and environmental needs of each resident to encourage eating in the common dining area. The dietetic service shall provide mutually compatible seating arrangements, a pleasant dining atmosphere, encouragement of interactions between residents, and food service to all residents at a table at approximately the same time. The facility shall provide assistance for residents in need of help in eating.

History

Source: 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:02.06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:08 Written dietetic policies

The facility shall have written policies and procedures that govern all dietetic activities. Policies and procedures must include food handling procedures and lengths of duration for leftovers and opened packages of commercially prepared food in accordance with chapter 44:02:07. The facility shall review the policies and procedures yearly and revise as necessary.

Cross Reference: Food service code, chapter 44:02:07.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:07:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:09 Written menus

Any regular and therapeutic menu, including therapeutic diet menu extensions for all diets served in the facility, must be written, prepared, and served as ordered by each resident's physician, physician assistant, nurse practitioner, or authorized dietitian. Each menu must be written at least one week in advance. A dietitian shall annually approve, sign, and date each planned menu for the facility. The dietitian shall review any menu changes from month to month. Each menu as served must meet the nutritional needs of the resident in accordance with the orders of a physician, physician assistant, nurse practitioner, or dietitian and the Dietary Guidelines for Americans, 2020-2025. The facility shall file and retain a record of each menu as served for thirty days.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:07:08, 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:10 Repealed

Preparation of food.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:07:05, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:07:10.01 Repealed

Additional dietetic standards for hospitals and nursing facilities.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:07:06, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:07:11 Director of dietetic services

A facility shall have a full-time dietary manager who is responsible to the administrator and who shall direct the dietetic services.

The dietary manager must:

(1) Be a certified dietary manager;

(2) Be a certified food service manager;

(3) Have a similar national certification for food service management and safety from a national certifying body; or

(4) Have an associate's or higher degree in food service management or hospitality from an accredited institution of higher learning that has a course of study in food service or restaurant management.

Any dietary manager who does not must enroll, within ninety days of the dietary manager's hire date, in programming necessary to achieve one of the qualifications, and achieve the qualifications within eighteen months of hire. The dietary manager and at least one cook shall possess a current certificate from a ServSafe Manager Food Protection Program offered by various retailers, the Certified Food Protection Professional's Sanitation Course offered by the Association of Nutrition and Foodservice Professionals, or an equivalent training program as determined by the department. Individuals seeking ServSafe recertification are only required to take the national examination.

The dietary manager shall monitor the dietetic service to ensure that the nutritional and therapeutic dietary needs for each resident are met. If the dietary manager is not a dietitian, the facility must schedule dietitian consultations onsite at least monthly. The dietitian shall approve each menu, assess the nutritional status of each resident with problems identified in the assessment, and review and revise dietetic policies and procedures during scheduled visits.

The facility shall have sufficient personnel to meet the dietetic needs of the residents and provide dietetic services for a minimum of twelve hours each day.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:07:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:11.01 Repealed

Hospitals without in-house dietary departments.** Repealed.

History

Source: 30 SDR 84, effective December 4, 2003; transferred from § 44:04:07:07.01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:07:12 Diet manual

A facility shall have a therapeutic diet manual that has been updated within the last five years with a description of each diet served in the facility readily available to all food service personnel, nursing service personnel, and practitioners.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:07:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:13 Frequency of meals

A facility shall service at least three meals daily at regular times with not more than a fourteen-hour span between a substantial evening meal and the next day's breakfast. If a facility serves a nourishing snack at bedtime, up to sixteen hours may elapse between the substantial evening meal and the next day's breakfast with the consent of the facility's resident council.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:07:11, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:14 Dining arrangements, Repealed

Dining arrangements. Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from 44:04:07:12, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.

ARSD 44:73:07:15 Nutritional assessments

A registered dietitian shall ensure a nutritional assessment is completed on each resident:

(1) Upon admission;

(2) With a significant change in diet, eating ability, or nutritional status;

(3) Receiving tube feedings; and

(4) With a disease or condition that puts the resident at significant nutritional risk.

A monthly tube feeding assessment must include nutritional adequacy of calories, protein, and fluids.

An annual nutrition assessment must be completed for each resident.

History

Source: 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:07:14, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:16 Required dietary inservice training

The dietary manager or the dietitian shall provide ongoing inservice training for all personnel providing dietary and food-handling services. Training must be completed within thirty days of hire and annually for all dietary or food-handling personnel. The training must include the following subjects:

(1) Food safety;

(2) Handwashing;

(3) Food handling and preparation techniques;

(4) Food-borne illnesses;

(5) Serving and distribution procedures;

(6) Leftover food handling policies;

(7) Time and temperature controls for food preparation and service;

(8) Nutrition and hydration; and

(9) Sanitation requirements.

History

Source: 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:16, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:07:17 Dining assistance program

A facility may develop a program to train dining assistants. The program must be approved by the department. To be approved by the department, the program must include instruction from a speech-language pathologist and registered dietitian and consist of ten hours of training and clinical experience.

History

Source: 31 SDR 62, effective November 7, 2004; 32 SDR 128, effective January 30, 2006;; transferred from § 44:04:07:17, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:08 Medication control

ARSD 44:73:08:01 Repealed

Medication control in hospitals and nursing facilities.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:08:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:08:01.01 Policies and procedures

Each facility shall establish and implement the following policies and procedures for medication control:

(1) A requirement that each resident's prescribing physician, physician assistant, or nurse practitioner provide to the facility electronic or written signed orders for:

(a) Any medications taken by the resident;

(b) Authorization for medications kept on the resident or in the room of the resident; and

(2) Provisions for proper storage of prescribed medications so that the medications are inaccessible to residents and visitors with requirements for:

(a) Separate storage of poisons, topical medications, and oral medications;

(b) Each resident's medication to be stored in the container in which it was originally received and not transferred to another container; and

(3) The self-administration of medications must be accomplished with the supervision of a designated employee of the facility. The requirement must contain:

(a) A description of the responsibility of the resident, the resident's family members and the facility personnel; and

(b) The provision of written educational material explaining to the resident and the resident's family the resident's rights and responsibilities associated with self-administration; and

(4) Provision for proper disposition of medications due to:

(a) Resident discharge or death;

(b) Outdated medication; or

The facility shall establish written policies and procedures for the manner of issuance, proper storage, control, accountability, and administration of medications or drugs in accordance with pharmaceutical and nursing practices as well as professional standards.

The facility and the facility's pharmacist shall establish a system of records of receipt and disposition for all controlled drugs in sufficient detail to enable an accurate reconciliation. The facility and pharmacist shall ensure the drug records are in order and that an account of all controlled drugs is maintained and periodically reconciled. The facility and pharmacist shall have policies and procedures for the periodic reconciliation of all controlled substances. The policies and procedures must minimize the time between the actual loss or diversion and the time of detection and follow-up to determine the extent of the loss.

If a loss or diversion of controlled substances is identified, the facility and pharmacist shall evaluate the residents potentially affected, consistent with the resident's comprehensive assessment and plan of care. If policies and procedures have not been effective in preventing the loss or diversion of controlled substances, the facility and pharmacist must review and revise related controls and procedures as necessary.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:08:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:02 Written orders for medication required

All medications administered to a resident must be ordered electronically or in writing and signed by the prescriber. Verbal orders for medications may be taken only when there is an urgent need to initiate or change an order and accepted only by a pharmacist or licensed nurse. The prescriber shall sign or initial any verbal orders for residents on the prescriber's next visit to the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:08:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:03 Medication therapy reviewed monthly

The pharmacist shall review a resident's medication regimen at least monthly. The pharmacist shall review the resident's diagnosis, medication regimen, and any pertinent laboratory findings and dietary considerations. The pharmacist shall report potential medication therapy irregularities and make recommendations for improving the medication therapy of the resident to the attending physician, physician assistant, or nurse practitioner, and the administrator. The pharmacist shall document the review by preparing a monthly report of the potential irregularities and recommendations. The administrator shall retain the report in the facility for one year. A copy of the medication review must be in the resident's medical record.

The pharmaceutical service must be under the supervision of a licensed pharmacist who provides consultation and oversees all aspects of the pharmaceutical service.

History

Source: 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:08:03.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:04 Storage and labeling of medications

A facility shall store all medications in a well-illuminated, locked storage area that is well-ventilated, maintained at a temperature appropriate for medication storage, accessible to those with authority to administer medications, and inaccessible to residents and visitors at all times. Medications suitable for storage at room temperature must be maintained between fifty-nine and eighty-six degrees Fahrenheit, or fifteen and thirty degrees centigrade. Medications that require refrigeration must be maintained between thirty-six and forty-six degrees Fahrenheit, or two and eight degrees centigrade. Poisons and medications prescribed for external use must be stored separately from medications prescribed for internal use, locked, and made inaccessible to residents and visitors.

Any resident medication that is facility-administered must be stored in the container in which it was originally received and may not be transferred to another container. Single dose medication received by a resident from a physician, physician assistant, or nurse practitioner must be identified as single dose. Each prescription medication container, including manufacturer's complimentary samples, must be labeled with the resident's name; the name of the resident's physician, physician assistant, or nurse practitioner; the medication name and strength; the directions for use; and the prescription date.

A container with a medication that will not be used within thirty days of issue or with contents that expire in less than thirty days of issue must bear an expiration date. If a single-dose system is used, the medication name and strength, expiration date, and a control number must be on the unit dose packet.

A facility may procure and stock, including in bulk form, nonlegend medications and administer them in accordance with written policies and procedures that provide for oversight by qualified personnel.

Any container with a worn, illegible, or missing label must be destroyed pursuant to § 44:73:08:06. A licensed pharmacist is responsible for the labeling, relabeling, or altering of a label on a medication container.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 5 SDR 29, effective October 22, 1978; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:08:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:05 Control and accountability of medications

A medication brought from a resident's home may be used if ordered by the resident's physician, physician assistant, or nurse practitioner and, if prior to administration, is identified as the prescribed medication. No resident may keep medications on the resident's person or in the resident's room without an order from a physician, physician assistant, or nurse practitioner allowing self-administration. The facility must receive written authorization from the resident's physician, physician assistant, or nurse practitioner before releasing any medication to a resident upon discharge, transfer, or temporary leave from the facility. The release of medication must be documented in the resident's record, indicating quantity, drug name, and strength. The facility shall maintain records that account for all medications and drugs from their receipt through administration, destruction, or return.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:08:04.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:06 Documentation of medication disposal

A facility shall ensure that a legend medication not controlled under SDCL chapter 34-20B is destroyed or disposed of by a nurse and another witness. Destruction or disposal of medication controlled under SDCL chapter 34-20B must be witnessed by two persons, both of whom must be a nurse or pharmacist, as designated by facility policy. The following are authorized methods of destruction or disposal:

(1) Using a professional waste hauler to take the medications to a permitted medical waste facility or by facility disposal at a permitted municipal solid waste landfill. Prior to disposal all medications must be removed from original containers and made unpalatable by the addition of adulterants and alteration of solid dosage forms by dissolving or combination into a solid mass;

(2) Return to the dispensing pharmacy for destruction according to federal and state regulations;

(3) Return to an authorized reverse distributor company licensed by the South Dakota Board of Pharmacy; or

(4) Release to resident upon discharge after authorization by the resident's prescribing practitioner.

The facility shall document destruction or disposal of medications in the resident's record. The documentation must include the method of disposition, the medication name and strength, prescription number, quantity, date of disposition, and the name of any person who witnessed the destruction or disposal.

A facility may return medication, excluding those controlled under SDCL chapter 34-20B, contained in unit dose packaging meeting the requirements of § 20:51:13:02.01 to the dispensing pharmacy for credit and redispensing.

Any medication held for disposal must be physically separated from the medications being used in the facility and locked in an area accessible to nursing and pharmacy personnel only. The facility shall establish a system to reconcile, audit, and monitor medication held for disposal to prevent diversion.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; transferred from § 44:04:08:04.02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:07 Medication administration

The facility personnel administering medication to a resident shall record the administration in the resident's medical record. Medication errors and drug reactions must be reported to the resident's physician, physician assistant, or nurse practitioner and an entry must be made in the resident's medical record. Orders involving abbreviations and chemical symbols may be carried out only if the facility has a standard list of abbreviations and symbols approved by the medical staff or, in the absence of an organized medical staff, by the medical director. The facility shall make the list available to all nursing personnel. All medications must be administered to residents by personnel acting under the delegation of a licensed nurse, or personnel licensed to administer medications.

No personnel may administer a medication prepared by another person unless the medication was prepared by a pharmacist.

Medication administration must comply with §§ 44:73:08:02 to 44:73:08:05, inclusive, and with the requirements for training in §§ 20:48:04.01:14 and 20:48:04.01:15 and for supervision in § 20:48:04.01:02. The supervising nurse shall provide an orientation to any unlicensed assistive personnel who will administer medications. The orientation must be specific to the facility and relevant to the residents receiving administered medications.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 28 SDR 83, effective December 16, 2001; 31 SDR 62, effective November 7, 2004; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:08:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:08 Medication records

A facility shall use medication administration records and regularly check the record against the physician, physician assistant, or nurse practitioner's orders. Each medication administered must be recorded in the resident's medical record and signed by the individual administering the medication.

History

Source: 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:09 Administration of facility pharmacy

A facility with a full or part-time pharmacy shall have its pharmaceutical service directed by a licensed pharmacist accountable to the administration of the facility.

Only prepackaged or single-dose-unit medications may be removed from the pharmacy when the pharmacist is not available. A medication may be removed by a designated registered nurse or physician, physician assistant, or nurse practitioner in amounts sufficient only for immediate therapeutic needs. A record of the removal must be made by the designated nurse or the physician, physician assistant, or nurse practitioner removing the medication.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; transferred from § 44:04:08:06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:10 Stock of legend drugs prohibited -- Exception

A facility with a full-time or part-time pharmacist may stock medications in bulk form. The pharmacist shall supervise the procurement, storage, and dispensing of medications within the facility. A facility without a pharmacy must use an emergency drug box or a separate locked cabinet kept on the premises pursuant to § 44:73:08:11.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:08:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:11 Controlled drugs kept for emergency use

A facility may keep controlled drugs for emergency use under the following circumstances:

(1) The pharmacist supplying the controlled drugs maintains ownership and responsibility for the drugs, including a monthly physical inventory;

(2) The controlled drugs are stored in a manner that allows only those individuals authorized to administer the drugs access to them;

(3) The controlled drugs are stored in a sealed emergency box or in a separate locked cabinet, with a complete and accurate record kept of the drugs in the box or cabinet and of their disposition; and

(4) The facility notifies the pharmacist within thirty-six hours after the withdrawal of a Schedule II drug and within seventy-two hours after the withdrawal of a Schedule III or IV drug.

Cross-Reference: Pharmacist controls emergency kit in nursing facility, § 20:51:15:15.01.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:08:07.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024; 52 SDR 41, effective October 27, 2025.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:08:12 Self administration of drugs

Self-administration of drugs. A resident with the cognitive ability to perform self-administration may self-administer drugs. At least every three months, a registered nurse, or the resident's physician, physician assistant, or nurse practitioner shall determine and record the continued appropriateness of the resident's ability to self-administer medications. The determination must state whether the resident or healthcare personnel is responsible for storage of the medication and contain documentation of its administration in accordance with this chapter.

Any resident who stores a medication in the resident's room or self-administers a medication must have an order from a physician, physician assistant, or nurse practitioner allowing self-administration.

If a resident is permitted to self-administer medications, the facility's policies and procedures must be in accordance with this chapter. The facility shall provide written educational material explaining the resident's rights and responsibilities associated with self-administration to the resident and the resident's representative.

History

Source: 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:09 Medical record services

ARSD 44:73:09:01 Repealed

Record services for hospitals and nursing facilities.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:09:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:09:01.01 Medical record

A facility shall have an organized medical record system. A facility shall maintain a medical record for each level of care for each resident admitted to the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:09:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:02 Medical record personnel

A facility shall have medical record functions performed by personnel trained and equipped to facilitate the accurate processing, checking, indexing, filing, and retrieval of all medical records. The individual responsible for the medical records service shall have knowledge and training in the field of medical records.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:09:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:03 Written policies and confidentiality of records

A facility shall have written policies and procedures for the medical record service that address the confidentiality and safeguarding of medical records, the record content, continuity of a resident's medical records during subsequent admissions, requirements for completion of the record, and the entries to be made by various authorized personnel.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:09:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:04 Record content

The facility must ensure each medical record indicates the condition of the resident from the time of admission until discharge and that each medical record contains:

(1) Identification data;

(2) Consent forms, except when unobtainable, or in an emergency;

(3) History of the resident;

(4) A current overall plan of care;

(5) A report of the initial and periodic physical examinations, evaluations, and all plans of care with subsequent changes;

(6) Diagnostic and therapeutic orders;

(7) Progress notes from practitioners of all disciplines;

(8) Laboratory and radiology reports;

(9) A description of treatments, diet, and services provided and medications administered;

(10) All indications of an illness or an injury, including the date and time of the illness or injury, and the date and time of action taken on the illness or injury;

(11) A final diagnosis; and

(12) A discharge summary, including all discharge instructions for home care.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 19 SDR 172, effective May 19, 1993; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:09:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:05 Authentication

A facility shall ensure entries to the medical record are signed or electronically authenticated. If the facility permits any portion of the medical record to be generated by electronic or optical means, policies and procedures shall exist to prohibit the use of authentication by unauthorized users.

History

Source: 19 SDR 172, effective May 19, 1993; 27 SDR 59, effective December 17, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:09:07, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(10).
Law Implemented: SDCL 34-12-13(10).

ARSD 44:73:09:06 Retention of medical records

A facility shall retain medical records for a minimum of ten years from the date of established resident care. The facility shall retain the records of a minor until the minor reaches the age of majority plus an additional two years, but no less than ten years from the date of established resident care. Initial, annual, and significant-change resident assessment records required by § 44:73:06:10 must be retained for ten years from the date of established resident care. The retention of the record for ten years is not affected by additional and future visit dates.

Cross-Reference: Storage of medical records, § 44:73:09:07.

History

Source: 19 SDR 172, effective May 19, 1993; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:09:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:07 Storage of medical records

A facility shall provide for filing, safe storage, and easy accessibility of medical records. The medical records must be preserved as original records or in another readily retrievable and reproducible form. Medical records must be protected against access by unauthorized individuals. All medical records must be retained by the health care facility upon change of ownership.

Cross-Reference: Disposition of medical records on closure of facility or transfer of ownership, § 44:73:09:09.

History

Source: 19 SDR 172, effective May 19, 1993; 27 SDR 59, effective December 17, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:09:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:08 Destruction of medical records

After the required retention period outlined in § 44:73:09:06, the facility may, at its discretion, destroy the medical record. Before the destruction of the medical record, the facility shall prepare and retain a resident index or abstract. The resident index or abstract must include the resident's:

(1) Name;

(2) Medical record number;

(3) Date of birth;

(4) Summary of care dates;

(5) Attending or admitting physician, physician assistant, or nurse practitioner; and

(6) Diagnosis or diagnosis code.

The facility shall destroy the medical record in a way that maintains confidentiality.

History

Source: 19 SDR 172, effective May 19, 1993; 27 SDR 59, effective December 17, 2000; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:09:10, 42 SDR 51 effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:09:09 Disposition of medical records on closure of facility or transfer of ownership

If a facility ceases operation, the facility must provide for safe storage and prompt retrieval of medical records and the resident indexes specified in § 44:73:09:06. The facility may arrange storage of medical records with another health care facility of the same licensure classification, transfer medical records to another health care provider at the request of the resident or the resident's legal representative, relinquish medical records to the resident or the resident's legal representative, or arrange storage of remaining medical records with a third-party vendor who provides secure storage of health care records. At least sixty days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of medical records and the record's location and publish in the nearest legal newspaper or share on the facility's website the location and disposition arrangements of the medical records.

If ownership of the facility is transferred, the new owner must maintain the medical records in accordance with this chapter.

Cross-Reference: Storage of medical records, § 44:73:09:07.

History

Source: 19 SDR 172, effective May 19, 1993; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:09:11, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:10 Supportive services

ARSD 44:73:10:01 Repealed

Supportive services.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:12:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:10:02 Activities program

The facility shall develop an individualized activities program that holistically meets the individual needs and interest of residents and maintains optimal levels of physical and psychosocial functioning of residents.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:12:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:10:03 Spiritual needs

The facility shall provide for the spiritual needs of the residents. Resident requests to see a clergyman shall be honored. No specific religious beliefs or practices may be imposed on any resident contrary to the resident's choice.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:12:04, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(13).
Law Implemented: SDCL 34-12-13(13).

ARSD 44:73:10:04 Provision of social services

A facility shall provide or make arrangements to provide social services for each resident as needed. A staff social worker or social service designee is responsible to facilitate the provision of social services. The staff social worker shall be licensed, or the social services designee shall have a degree in a behavioral science field, one year of previous supervised experience in a behavioral science field, or be a licensed nurse. If the staff member is not a licensed social worker, the facility must have a written agreement with a licensed social worker to provide consultation and assistance at least quarterly.

History

Source: 14 SDR 81, effective December 10, 1987; transferred from § 44:04:06:12, 22 SDR 70, effective November 19, 1995; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:12:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:10:05 Rehabilitation services

A facility shall provide rehabilitation services based on the needs of residents as identified in the comprehensive resident assessment specified in §§ 44:73:06:10.

History

Source: 22 SDR 70, effective November 19, 1995; transferred from § 44:04:12:06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:11 Residents' rights

ARSD 44:73:11:01 Resident rights

Each facility shall establish and implement policies consistent with 42 C.F.R. § 483.10 (September 17, 2024) and this chapter to protect and promote the rights of each resident.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:17:01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:02 Facility to inform resident of rights

Prior to or at the time of admission, a facility shall inform the resident, both orally and in writing, of the resident's rights and of the rules governing the resident's conduct and responsibilities while living in the facility. The resident shall acknowledge in writing that the resident received the information. During the resident's stay the facility shall notify the resident or the resident's legal representative, both orally and in writing, of any changes to the original information.

A facility's visiting hours and policies must permit and encourage the visiting of residents by friends and relatives. Visitors may not cause a disruption to the care and services residents receive, infringe on other residents' rights, or place an undue burden on the facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 19 SDR 95, effective January 7, 1993; subdivision (8) transferred from § 44:04:12:03, 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:17:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:03 Facility to provide information on available services, policies, and procedures

A facility shall provide the following information in writing to each resident or resident's legal representative:

(1) A list of items and services available in the facility, the charges for those items and services, and the items and services for which the resident may not be charged;

(2) A description of how to apply for and use medicare and medicaid benefits, and the right to establish eligibility for medicaid, including the addresses and telephone numbers of the nearest office of the South Dakota Department of Social Services and of the United States Social Security Administration;

(3) A description of the bed-hold policy that indicates the length of time the bed will be held for the resident, any policies regarding the held bed, and readmission rights of the resident; and

(4) A description explaining the responsibilities of the resident and family members regarding self-administered medication.

A signed and dated admission agreement between the resident or the resident's legal representative and the facility must include information described in subdivisions (1) to (4), inclusive. The resident or resident's legal representative and the facility shall complete the admission agreement before or at the time of admission and before the resident has made a commitment for payment for proposed or actual care. The agreement must be printed in a manner to ensure ease of reading by the resident prior to signing. Any change in the admission agreement must be signed and dated by the resident or the resident's legal representative as an addendum to the original agreement.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:17:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:04 Notification when resident's condition changes

A facility shall immediately inform the resident, consult with the resident's physician, physician assistant, or nurse practitioner, and, if known, notify the resident's legal representative or interested family member when any of the following occurs:

(1) An accident involving the resident which results in injury or has the potential for requiring intervention by a physician, physician assistant, or nurse practitioner;

(2) A significant change in the resident's physical, mental, or psychosocial status;

(3) A need to alter treatment significantly; or

(4) A decision to transfer or discharge the resident from the facility.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:17:04, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).

ARSD 44:73:11:05 Repealed

Notification of resident's room assignment or rights change.** Repealed.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:17:05, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:11:06 Right to manage financial affairs

A resident may manage personal financial affairs. A facility may not require residents to deposit their personal funds with the facility. If the resident chooses to deposit funds with the facility and gives written authorization, the facility shall hold the funds in accordance with SDCL 34-12-15.1 to 34-12-15.10, inclusive.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:17:06, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).

ARSD 44:73:11:07 Repealed

Choice in planning care.** Repealed.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:17:07, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:11:08 Privacy and confidentiality

A facility shall provide for privacy and confidentiality for the resident. A facility shall permit residents to:

(1) Visit a spouse or significant other or, if both are residents of the same facility, share a room with the spouse or significant other, within the capacity of the facility, upon the consent of both parties;

(2) Have room doors closed and to require knocking before entering the resident's room, except in an emergency;

(3) Have only authorized personnel present during treatment or activities of personal hygiene;

(4) Retire and rise according to the resident's wishes, as long as the resident does not disturb other residents;

(5) Meet, associate, and communicate with any person of the resident's choice in a private place within the facility;

(6) Participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility;

(7) Approve or refuse the release of personal and medical records to any individual outside the facility, except when the resident is transferred to another health care facility or when the release of the record is required by law;

(8) Send and receive unopened mail and to have access to stationery, postage, and writing implements at the resident's own expense; and

(9) Access and use a telephone without being overheard.

With the permission of the resident or the resident's legal representative, a facility must allow the state ombudsman or a representative of the ombudsman access to the resident's medical records.

Cross-Reference: Written policies and confidentiality of records, § 44:73:09:03.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995.; transferred from § 44:04:17:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:09 Quality of life

A facility shall provide care and an environment that contributes to the resident's quality of life. The facility shall provide:

(1) A safe, clean, comfortable, and homelike environment;

(2) Maintenance or enhancement of the resident's ability to preserve individuality, exercise self-determination, and control everyday physical needs;

(3) Freedom from physical or chemical restraints imposed for purposes of discipline or convenience;

(4) Freedom from verbal, sexual, physical, and mental abuse;

(5) Freedom from involuntary seclusion, neglect, or exploitation imposed by anyone,

(6) Freedom from theft of personal property;

(7) Retention and use of personal possessions, including furnishings and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents; and

(8) Support and coordination to assure pain is recognized and addressed appropriately.

Cross-Reference: Care policies, § 44:73:04:13.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:17:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:10 Grievances

A resident's grievance may be in writing or oral and may relate to treatment furnished, treatment that has not been furnished, the behavior of other residents, and infringement of the resident's rights. A facility shall adopt a grievance process and make the process known to each resident and to the resident's immediate family or legal representative. The grievance process must outline the facility's efforts to resolve the grievance and documentation of:

(1) The grievance;

(2) The names of the persons involved;

(3) The disposition of the matter; and

(4) The date of disposition.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:17:10, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:11 Availability of survey results

A facility shall provide a copy of any survey results from a department inspection, along with the corresponding plan of correction to a resident or other individual upon request.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:17:11, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:12 Right to refuse to perform services

A resident may perform services for the facility when the following conditions are met:

(1) The plan of care includes documentation of the need or desire for work;

(2) The nature of the services performed is specified, including whether the services are voluntary or paid;

(3) Compensation for paid services is at or above prevailing rates; and

(4) The resident agrees to the work arrangement.

A resident may refuse to perform services on behalf of the facility.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:17:12, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:11:13 Self-administration of drugs, Repealed

Self-administration of drugs. Repealed.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:17:13, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.

ARSD 44:73:11:14 Admission, transfer, and discharge policies

44:73:11:14 Admission, transfer, and discharge policies. A facility shall establish and implement policies and procedures for admission, readmission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The facility shall notify each resident at or before the time of admission of these policies and procedures. The policies and procedures must include the following provisions:

(1) The resident may remain in the facility and may not be transferred or discharged unless the resident's needs and welfare cannot be met by the facility, the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility, the safety or health of individuals in the facility is endangered by the resident, the resident has failed to pay for allowable billed services as agreed to, or the facility ceases to operate;

(2) The facility must notify the resident or the resident's legal representative and state ombudsman in writing at least thirty days before the transfer or discharge unless a change in the resident's health requires immediate transfer or discharge or the resident has not resided in the facility for thirty days. The written notice must specify the reason for, and effective date of, the transfer or discharge and the location to which the resident will be transferred or discharged;

(3) The conditions under which the resident may request or refuse transfer within the facility; and

(4) A description of how the resident may appeal a decision by the facility to transfer or discharge the resident.

History

Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 10. 1995; transferred from § 44:04:17:14, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

Chapter 44:73:12 Construction standards

ARSD 44:73:12:01 Application of chapter

The provisions of this chapter apply to any new facility and to any renovation, addition, or change in space use of currently licensed, existing facility.

Each facility shall comply with NFPA 101 Life Safety Code, 2012 edition.

Each facility providing off-site services shall comply with business occupancy standards and other occupancy standards as applicable for the use of the facility from NFPA 101 Life Safety Code, 2012 edition,.chapter 38.

Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at . Cost: $160.00.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:13:01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-1-17, 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:01.01 Repealed

Application of chapter.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:15:01, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:02 Administration department

The facility's administration department must include space for a business office, an administrator's office, a lobby, public and personnel toilet rooms, a director of nursing office, and a social service office.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:15:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:03 Medical records unit

The facility's medical records unit must have a storage area for active and closed records and a work area.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:15:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:04 Storage rooms

The facility shall have at least ten square feet, or 0.929 square meters, of central storage provided for each bed. General storage must be concentrated in one area in the facility, but up to fifty percent of the general storage space may be provided on the grounds of the facility.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:15:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:05 Resident dining and recreation area

The facility must have a total area set aside for resident dining, recreation, and other central use areas of not be less than forty-five square feet, or 4.18 square meters, for each bed and each adult day care patient. The facility's resident dining space must be at least twenty-five square feet, or 2.32 square meters, for each bed. The facility shall provide a handwashing sink in each dining space. The facility shall provide additional space for adult day care residents if they participate in an adult day care program. Storage must be provided for recreational equipment and supplies.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:15:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:06 Outside area

Each memory care unit of a facility shall have an outdoor area that is enclosed by a fence for residents to access. The fence must extend to a minimum of six feet above grade level and be designed to be safe for resident contact. Hard surface walking paths must be provided in the outside area. The facility shall provide space for lounging and for gardening. If the access to the outside area is through a required building exit, the area must be large enough to allow movement of all residents away from the building structure a distance of fifty feet, or 15.24 meters, and have a gate to exit the outside area to allow emergency egress and allow access for maintenance.

History

Source: 29 SDR 81, effective December 11, 2002; transferred from § 44:04:15:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:07 Memory care unit locations

Any memory care unit must be located at grade level.

History

Source: 31 SDR 62, effective November 7, 2004; transferred from § 44:04:15:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:08 Resident rooms

A resident room in the facility must meet the following requirements:

(1) A maximum room capacity not exceeding two residents;

(2) A minimum area, exclusive of toilet rooms, closets, lockers, wardrobes, or vestibules, of one hundred twenty square feet, or 10.8 square meters, in each one-bed room and two hundred square feet, or 18.58 square meters, in each two-bed room. Any sleeping room designed as part of a suite of rooms must have a minimum area of one hundred square feet, or 9.29 square meters, in each one-bed room and one hundred sixty square feet, or 14.86 square meters, in each two-bed room. The minimum dimension of a sleeping room is nine feet six inches, or 2.90 meters;

(3) For each bed in a two-bed room, cubicle curtains or equivalent built-in devices for full visual privacy that allow access to the toilet room and corridor without entering the roommate's space;

(4) A windowsill not higher than three feet, or 0.91 meters, above the floor;

(5) A floor that is above grade;

(6) A call button at each bed for personnel calling stations;

(7) A toilet room and lavatory. Each resident toilet room must be directly accessible to each resident without going through the general corridor. In a remodeling project, a one-toilet room with hand sink in a resident room may serve two resident rooms, but not more than four beds. For new construction, a toilet room may not be shared between resident rooms. Each resident toilet room must have a water closet, hand sink, mirror, and private individual storage. In two-bed rooms, a separate hand sink must be provided in the resident room. All toilet rooms used by residents must be wheelchair accessible;

(8) A wardrobe or closet for each resident with an area of at least five square feet, or .465 square meters; and

(9) Each resident room door located not more than one hundred fifty feet, or 45.72 meters, from the nurse's station.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:13:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:09 Service area in care units

The facility shall ensure each care unit contains:

(1) A nurse's station with convenient access to handwashing facilities;

(2) Nurse's charting area;

(3) Personnel communications area;

(4) Storage for supplies and personnel's personal effects;

(5) A personnel toilet room;

(6) A nurses' office;

(7) A clean workroom for the storage and assembly of supplies for nursing procedures, containing a work counter and sink;

(8) A soiled workroom, containing a work counter with a handwashing facility, a waste receptacle, soiled linen receptacles, a clinical sink with an exposed water trap seal, siphon jet or blowout action, and a bedpan flushing device;

(9) A medicine room adjacent to the nurse's station, containing a sink, refrigerator, locked storage, and facilities for preparation and administration of medication;

(10) A clean linen storage area in an enclosed storage space;

(11) A nourishment station for serviving between-meal nourishments that contains refrigerated storage, a self-dispensing ice machine, and a sink;

(12) An equipment storage room on each resident wing or floor for storage of resident care equipment;

(13) Resident bathing facilities containing one shower, bathtub, or whirlpool for each fifteen beds not individually served. Whirlpool units with lifts may serve thirty beds;

(14) A janitor's closet with a floor receptor or service sink, for storage of housekeeping supplies and equipment. The janitor's closet space and equipment may be incorporated into the soiled workroom; and

(15) Multipurpose rooms for personnel, residents, and residents' families, for conferences, reports, education, training sessions, and consultation.

If the facility offers outpatient therapy services, the therapy unit must provide access to outpatient services without traversing resident areas. The therapy unit must be sized and equipped to accommodate the therapy modalities offered and contain locked records storage, hand sinks located convenient to treatment areas, and cubicle curtains for privacy at treatment areas.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; transferred from § 44:04:13:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:10 Repealed

Social services office.** Repealed.

History

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:03.01, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:11 Dietary department

A facility shall construct, equip, and install the dietary department in compliance with §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive. The installation of food service equipment must comply with § 44:73:12:12 unless the facility uses a commercial service. If a commercial service is used, dietary areas and equipment must meet the requirements for sanitary storage, processing, and handling.

Cross-Reference: Food service code, chapter 44:02:07.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; transferred from § 44:04:13:04, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-1-17, 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:12 Food preparation services and equipment

. A facility shall ensure the dietary area is completely cleanable by conventional methods. The location and design of the dietary area must enable convenient handling of incoming supplies, preparation of meals, tray service, and disposal of rubbish and garbage. Equipment and space provided must include:

(1) In a dietary area serving twenty beds or more, a dishwashing area with a commercial dishwasher supplied with one hundred eighty degrees Fahrenheit, or eighty-two degrees centigrade, rinse water or a chemical sanitizing cycle; a soiled dish table with at least seven feet, or 2.13 meters, of work space; a garbage disposal; a garbage can; a clean dish table with room for at least three dish racks; and handwashing facilities. A dietary area located in a resident area serving sixteen residents or less may use an undercounter commercial dishwasher;

(2) A dry food storage area with at least one and one-half linear feet, or .46 meters, of shelving twenty inches, or .51 meters, wide for each resident bed and a functional aisle;

(3) Refrigerated storage space providing at least one and one-half cubic feet, or .042 cubic meters, of refrigerated space and one-half cubic feet, or .014 cubic meters, of freezer space per resident bed with sufficient refrigerated storage space located within the food production area for convenient food preparation;

(4) Aisles within the dietary area not less than three feet, or .91 meters, wide. Aisles adjoining equipment locations with doors or aisles utilized for cart traffic shall be at least four feet, or 1.22 meters, wide;

(5) Pot and pan washing facilities that include a three-compartment sink with eighteen inch drainboards on both sides and drying and storage facilities for pots and pans;

(6) A vegetable preparation area with a two-compartment sink with drainboards on both sides;

(7) Cart storage areas;

(8) Waste disposal facilities;

(9) Employee dining facilities;

(10) Dietary manager's office or desk;

(11) Janitor's closet with storage for housekeeping supplies and equipment and floor receptor or service sink;

(12) Food production equipment sized and designed to prepare a complete meal for the total bed complement and for personnel, guests, day-care residents, or other catering services;

(13) Appropriate food holding and transportation equipment capable of protecting food from contamination and of maintaining proper food temperatures at forty-one degrees Fahrenheit, or five degrees centigrade, or below and hot food at one hundred thirty-five degrees Fahrenheit, or 57.2 degrees centigrade, or above during the total serving period;

(14) Ventilation equipment sized and designed to effectively remove steam, heat, cooking vapors, and grease from food production areas, dishwashing areas, and serving areas;

(15) Handwashing facilities that are convenient to each work area, consisting of hot and cold running water, a towel dispenser with single-service towels or a hand drying device, and wall-mounted hand cleanser;

(16) In dietary areas serving seventeen beds or more, a personnel toilet facility convenient to the dietary department; and

(17) In dietary areas serving seventeen beds or more, an ice maker with bin or self-dispensing ice maker. A built-in dispensing ice maker in a refrigerator may be used in any facility or resident neighborhood with a capacity of less than seventeen beds. Any ice maker accessible to residents or visitors must be self-dispensing.

The facility may request in writing modifications to the specifications required by this section if additional kitchen services are provided to residents in a resident neighborhood setting. The facility shall have appliances that allow for the storing, refrigeration, preparation, cooking, and disposal of food products based on the facility's food service plan.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 30 SDR 84, effective December 4, 2003; 31 SDR 62, effective November 7, 2004; transferred from § 44:04:13:05, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:13 Laundry

A facility shall provide a laundry with:

(1) A soiled linen holding room with a storage capacity of one and three quarters square feet, or .1626 square meters, of floor area for each bed, to be used for storage, sorting, and weighing of soiled linen;

(2) A linen cart storage;

(3) A janitor's closet with storage for housekeeping supplies and equipment and a floor receptor or service sink convenient to the laundry;

(4) Storage for laundry supplies;

(5) A lavatory conveniently accessible to soiled, clean, and processing rooms;

(6) A laundry processing room with separate soiled and clean work areas with commercial equipment. Each clothes dryer must have a galvanized metal vent pipe for exhaust; and.

(7) A clinical sink with an exposed water trap seal, siphon jet or blow action, and sprayer device.

The space and equipment layout must be sized and designed to produce quality linen with a work flow that minimizes potential for cross-contamination of clean linen by soiled linen, contaminated equipment, contaminated air, or splash. The laundry department must be capable of processing ten pounds, or 4.54 kilograms, of soiled linen for each bed during a normal work day. A facility may request a modification to the standard if the laundry services are contracted to an outside organization. A request must be in writing and approved by the department.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:13:06, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:14 Personnel facilities

The facility shall provide a room for personnel containing lockers and a separate toilet room with a handwashing facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:07, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:15 Engineering service and equipment areas

A facility shall have engineering service and equipment areas as follows:

(1) A boiler room with two remote doors to the exit or exit access;

(2) An engineer's office that may be combined with a maintenance shop;

(3) Mechanical and electrical equipment rooms;

(4) A maintenance shop with at least one room;

(5) A storage room for building maintenance supplies;

(6) A refuse room for trash storage, conveniently located to the service entrance or exterior trash receptacles; and

(7) A yard equipment storage room or exterior building.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:13:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:16 Corridor restrictions

A facility shall locate drinking fountains, telephone booths, fire extinguisher cabinets, and vending machines so that they do not project into the required width of exit corridors. Handrails installed in corridors must return to the wall at the ends. Handrails must be installed with the top thirty-four to thirty-eight inches from the floor and with one and one-half inch spacing between the wall and the handrail.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:13:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:17 Doors

Any door to a resident room toilet or bathroom shall be equipped with hardware which will permit access in any emergency. A pocket or sliding door may not be installed except on a clothes closet or restroom in a resident room. Any hardware on a restroom pocket or sliding door shall provide for ease of operation for a resident with limited mobility. Any door opening onto a corridor, except an elevator door, shall be hinged on the side. An alcove or similar space which generally does not require doors are excluded from this requirement. No door may swing into the corridor except a closet door. Thresholds and expansion joint covers, if used, shall be flush with the floor. Any cross-corridor door shall be provided with vision panels.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:13:10, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1)(3).
Law Implemented: SDCL 34-12-13(1)(3).

ARSD 44:73:12:18 Repealed

X ray protection.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:13, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:19 Ceiling heights

The height of ceilings of corridors, storage rooms, resident toilet rooms, and other minor rooms in a facility may not be less than seven feet, eight inches, or 2.34 meters. The height of ceilings of all other rooms may not be less than seven feet, ten inches, or 2.39 meters.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:13:14, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:20 Insulation

The facility shall insulate and ventilate each boiler room, food preparation area, and laundry to prevent any floor surface above them from exceeding a temperature of eighty-five degrees Fahrenheit, or 29.4 degrees centigrade. All combustible insulation within the building must be covered with a fire-resistive material giving fire protection equivalent to one-half inch, or .01 meters, gypsum board, unless tested and acceptable by International Building Code, 2012 edition, section 2603.4 for use without a thermal barrier as installed.

Reference: International Building Code, 2012 edition. Copies may be obtained at https://shop.iccsafe.org/. Cost: $132.00.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:13:15, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:21 Repealed

Fire extinguisher equipment.** Repealed.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:13:16, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:22 Floor surface finish

The facility shall ensure floors are easily cleanable and shall have the wear resistance appropriate for the location involved. Floors in kitchens and related spaces must be water-resistant. In all areas where floors are subject to wetting, the floor must have a nonslip finish. The facility shall provide a transition for any walking surface that is not flush with an adjacent surface. Gaps in the walking surface may not exceed one-half inch wide in the direction of travel.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:17, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:23 Wall and ceiling finish

The facility shall ensure all walls are washable. The finish of walls in the immediate area of plumbing fixtures must be protected from water damage. Wall bases in dietary areas must be free of spaces that can harbor insects. All dietary ceilings must be washable or easily cleanable. This section does not apply to any boiler room, mechanical and building equipment room, shop, or similar space.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 31 SDR 62, effective November 7, 2004; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:13:18, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:24 Elevators

A facility shall have an electrical or electrohydraulic elevator if a resident's room, resident recreation or activity area, resident dining, dietary, laundry, central storage, or therapy room is located on a floor other than on the first floor. Each elevator car and platform must be constructed of noncombustible material, except that material treated with fire retardant may be used if each exterior surface of the car is covered with metal. Each elevator car must accommodate a resident's bed and an attendant and be at least five feet, or 1.52 meters, wide by seven feet six inches, or 2.29 meters, deep. The car door must have a clear opening of not less than three feet eight inches, or 1.12 meters. Each elevator must have automatic two-way leveling with an accuracy within plus or minus one-half inch, or .01 meters. Each elevator, except freight elevators, must be equipped with a two-way special service switch to permit each car to bypass all landing button calls and to be dispatched directly to any floor.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:19, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:25 Repealed

Incinerators.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:24, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:26 Steam and hot water systems

Boilers must have the capacity to supply the normal requirements of all of the facility's systems and equipment. Supply and return mains and risers of space heating and process steam systems must be valved to isolate the various sections of each system. Each piece of equipment must be valved at the supply and return end. Boilers, smoke breeching, steam supply piping, high pressure steam return piping, and hot water space heating supply and return piping must be insulated with insulation having a flame spread index of twenty-five or less and a smoke emission rating of fifty or less using ASTM E84-23D, 2010 edition, Standard Test Method for Surface Burning Characteristics of Building Materials, or equivalent test procedures.

Reference: ASTM E84-23D, 2010 edition, Standard Test Method for Surface Burning Characteristics of Building Materials. Copies may be obtained at https://www.astm.org/e0084-23d.html. Cost: $119.00.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:13:25, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-1-17, 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:27 Ventilation systems

Ventilating systems. The facility's ventilating systems must meet the following requirements:

(1) All occupied areas of the building must maintain a minimum humidity level of fifteen percent relative humidity provided through the building central ventilation system;

(2) Beauty shops must provide a minimum of fifteen air changes per hour of exhaust ventilation when the room is in use; and

(3) Toilet and bathing rooms must provide a minimum of ten air changes per hour of exhaust ventilation.

For occupied areas, the facility shall maintain a minimum temperature of seventy-five degrees Fahrenheit, or 23.9 degrees centigrade, and at least fifteen percent humidity during winter conditions with a minimum of at least two total air changes per hour. All air supply and air exhaust systems must be mechanically operated. All fans serving exhaust systems must be located at the discharge end of the system. Outdoor ventilation air intakes, other than for individual room units, must be located as far away as practicable but not less than twenty-five feet, or 7.62 meters, from plumbing vent stacks and the exhausts from any ventilating system or combustion equipment. The bottom of outdoor intakes serving central air systems must be located as high as possible but not less than six feet, or 1.83 meters, above the ground level or, if installed through the roof, three feet, or .91 meters, above roof level. Each mechanical ventilation system must be designed and balanced to provide make-up air and safe pressure relationships between adjacent areas to preclude the spread of infections and assure the health of the occupants. Each room supply air inlet, air recirculation, and exhaust air outlet must be located with the grill or diffuser opening not less than three inches, or .08 meters, above the floor. A corridor may not be used to supply air to or exhaust air from any room, except that exhaust air from corridors may be used to ventilate bathrooms, toilet rooms, or janitor's closets opening directly on corridors. Continuous mechanical exhaust ventilation must be provided in all soiled areas, wet areas, and storage rooms. In unoccupied service areas, ventilation may be reduced or discontinued when the health and comfort of the occupants are not compromised.

Each cooking appliance, other than a microwave oven, must be provided with exhaust ventilation to the exterior of the building that is able to remove cooking odors, heat, and moisture.

Each vehicle parking garage must be provided with carbon monoxide detection to activate exhaust ventilation of six air changes each hour or to open the garage door if the area of the garage is under one thousand square feet. A sign must be posted at the front of each parking space advising the driver to shut off the engine.

Each crawl space must be provided with mechanical ventilation at least one-half air changes each day or be provided with open perimeter venting as required by the International Building Code, 2012 edition, section 1203.

Reference: International Building Code, 2012 edition. Copies may be obtained from the International Code Council at https://shop.iccsafe.org/. Cost: $132.00.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:13:26, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:28 Filtration

A facility shall have a ventilation system using a recirculated central air system equipped with a minimum of two filter beds. Filter bed number one must be located upstream of the conditioning equipment and must have a minimum efficiency of thirty percent. Each supply air unit must have filters that are at least thirty-percent effective. Each central ventilation system must have filters that are at least eighty-percent effective. Each common use area must have filters that are eighty-percent effective on an air supply system. Each air supply system serving solely an administrative area must have filters that are at least thirty-percent effective. These filter efficiencies must be warranted by the manufacturer and must be based on the 2017 edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Standard 52.2 dust spot test method with atmospheric dust. Each filter frame must be durable and must provide an airtight fit with the enclosing duct work. Each joint between filter segments and the enclosing duct work must be gasketed or sealed to provide a positive seal against air leakage. A manometer must be installed across each filter bed serving a central air system.

Reference: ASHRAE 52.2, 2017 edition, American Society of Heating, Refrigerating and Air Conditioning Engineers. Copies may be obtained at no cost at https://www.ashrae.org/File%20Library/Technical%20Resources/COVID-19/52_2_2017_COVID-19_20200401.pdf7.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:13:27, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:29 Ducts

The facility shall ensure its ducts are constructed of iron, steel, aluminum, or other approved metal or materials as defined in NFPA 101 Life Safety Code 2012 edition, section 32.3.6.2.1. Duct linings, coverings, vapor barriers, and the adhesives used for applying them must have a flame spread index of not more than twenty-five and a smoke emission rating of not more than fifty using ASTM E84-23D 2010 edition, Standard Test Method for Surface Burning Characteristics of Building Materials. A fire and smoke damper must be provided on each opening through each required two-hour or greater fire-resistive wall or floor and on each opening through the walls of a vertical shaft, unless the shaft has a fire and smoke damper at the floor level. Access for maintenance must be provided at all dampers. Each duct system serving hood must be constructed of corrosion resistant material. Each cold air duct must be insulated wherever necessary to maintain the efficiency of the system and to minimize condensation problems.

References: ASTM E84-23D, 2010 edition, Standard Test Method for Surface Burning Characteristics of Building Materials. Copies may be obtained at https://www.astm.org/e0084-23d.html. Cost: $119.00.

NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at . Cost: $160.00.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:13:28, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:30 Food service ventilation

A facility may use air from dining areas to ventilate the food preparation areas only after it has been passed through a filter with eighty-percent efficiency. Each exhaust hood in food preparation centers must have a minimum exhaust rate of fifty cubic feet a minute for each square foot, or .25 cubic meters a second for each square meter, of hood face area. Each hood over cooking ranges must be equipped with fire extinguishing systems that are interconnected to shut off the fuel source. A cleanout opening must be provided every twenty feet, or 6.10 meters, in horizontal exhaust duct systems serving hoods.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:29, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:31 Repealed

Recirculated air systems.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:32, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:32 Plumbing fixtures

The material used for plumbing fixtures shall be of nonabsorptive acid-resistant material. Each lavatory and sink required in resident care areas shall have the water supply spout mounted so that the discharge is a minimum of five inches (0.13 meters) above the rim of the fixture. Handwashing facilities used by medical and care staff, residents, and food handlers shall be equipped with hands-free controls. A single lever device may be used. Each clinical sink shall have an integral trap in which the upper portion of a visible trap seal provides a water surface. If blade handles are used, proper clearance shall be maintained for operation. An aerator is not approved for use on faucet spouts. A paper towel dispenser or hand-drying device shall be provided at each lavatory and sink used for handwashing. A mirror or paper towel dispenser with reflective surface may not be provided at a handwashing facility in the clean utility, dietary, or other critical area where grooming could potentially cause contamination.

Each water closet shall be an elongated bowl type and be equipped with an open front seat.

Any shower stall that is not required to be wheelchair transfer or standard roll-in type shall have curb heights not more than six inches above the finished floor. The shower floor elevation and bathroom finished floor elevation shall be level where possible but the difference in elevation cannot exceed three inches.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:13:33, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1)(3).
Law Implemented: SDCL 34-12-13(1)(3).

ARSD 44:73:12:33 Water supply systems

A facility shall ensure its water supply system supplies water to the fixtures and equipment on the facility's upper floors at a minimum pressure of fifteen pounds per square inch, or 1055.9 kilograms per square meter, during maximum demand periods. Each water service main, branch main, riser, and branch to a group of fixtures must be valved. Stop valves must be provided at each fixture. Hot, cold, and chilled water piping and waste piping on which condensation may occur must be insulated. Insulation of cold and chilled water lines must include an exterior vapor barrier.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:13:34, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:34 Vacuum breakers

An antisiphon device or backflow preventer shall be installed on any hose bib and on any fixture to which hoses or tubing can be attached such as janitor sink, bedpan flushing attachment, and handheld shower. An antisiphon device or backflow preventer shall be installed on all plumbing and equipment where any possibility exists for contamination of the potable water supply.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:13:35, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1)(4)(14).
Law Implemented: SDCL 34-12-13(1)(4)(14).

ARSD 44:73:12:35 Hot water systems

A facility shall ensure any hot water distribution system over fifty feet, or 15.24 meters, long recirculates to provide hot water at each fixture at all times. The hot water heating equipment must have sufficient capacity to supply water at the temperature of one hundred forty degrees Fahrenheit, or sixty degrees centigrade, and amounts indicated in the following:

(1) Three gallons an hour, or .0033 liters a second, for each bed;

(2) Two gallons an hour, or .0020 liters a second, for each bed for dietary; and

(3) Two gallons an hour, or .0020 liters a second, per bed for laundry.

Each storage tank provided must be fabricated of noncorrosive metal or lined with noncorrosive material.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:13:36, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:36 Drainage systems

A facility shall ensure each drain line from a sink in which acid wastes may be poured is fabricated from an acid-resistant material. Any piping over a food preparation center, food serving facility, food storage area, and any other critical area must be kept to a minimum and may not be exposed. Special precautions must be taken to protect these areas from possible leakage of necessary overhead piping systems. The building sewer must discharge into a community sewerage system. If a community sewerage system is not available, the facility must provide sewage treatment that conforms to applicable local and state regulations.

Water from roof systems must be collected and discharged away from the building foundation. Rain gutters with downspouts and splash blocks must be provided for pitched roof systems. The facility shall avoid having water accumulate on sidewalks and parking areas around the building.

The building sewer system must have a cleanout located outside the perimeter of the building foundation.

Cross-Reference: Individual and small on-site wastewater systems, ch 74:53:01.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:13:37, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:37 Electrical distribution system

All material including equipment, conductors, controls, and signaling devices shall be installed to provide a complete electrical system with the necessary characteristics and capacity to supply the electrical facilities shown in the specifications or indicated on the plans. All materials shall be listed as complying with applicable standards of Underwriters' Laboratories, Inc., or other similarly established standards. Each circuit breaker or fusible switch that provide disconnecting means and overcurrent protection for a conductor connected to a switchboard and distribution panel board shall be enclosed or guarded to provide a dead front type of assembly. The main switchboard shall be located in a separate enclosure accessible only to authorized persons. The switchboard shall be convenient for use, readily accessible for maintenance, clear of traffic lanes, and in a dry ventilated space devoid of corrosive fumes or gases. Each overload protective device shall be designed for operating in the ambient temperature conditions. Each lighting and appliance panel board shall be provided for the circuit on each floor. The provisions of this section do not apply to emergency system circuits.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:40, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1)(3)(4).
Law Implemented: SDCL 34-12-13(1)(3)(4).

ARSD 44:73:12:38 Lighting

A facility shall provde artificial lighting approved by the department in any space occupied by people, machinery, or equipment within a building, approach to the building, and any parking lot. Each resident bedroom must have general lighting of at least ten footcandles, or .929 lumens per square meter, and night lighting. If task illumination is required, a light with an intensity of at least thirty footcandles, or 2.79 lumens per square meter, at the work surface must be provided for each resident. At least one luminaire for night lighting must be switched at the entrance to each resident room. Any resident's reading light and other fixed light not switched at the door must have a switch control convenient for use at the luminaire. Each switch for control of lighting in a resident area must be of the quiet operating type. Illumination of at least one hundred footcandles, or 9.29 lumens per square meter, must be provided at the medication set-up area. Illumination of at least fifty footcandles, or 4.65 lumens per square meter, must be provided at an activity room work table. Illumination of at least thirty footcandles, or 2.79 lumens per square meter, must be provided in each dining area, physical and restorative therapy area, and at any bathing facility.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:13:41, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:39 Emergency electrical system

Emergency electrical service.** Each facility shall have a Type 2, Essential Electrical System in accordance with the National Fire Protection Association (NFPA 99 Health Care Facilities Code, 2012 Edition). Automatic emergency lighting shall also be provided at staff work station, dining room, medication room, dietary department, room where main electrical panel is located, and boiler room. Emergency electrical service shall be provided from an automatic generator set and automatic transfer switches serving emergency panels in nursing facilities.

Reference: NFPA 101 Life Safety Code , 2012 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone: 1-800-344-3555. Cost: $93.00.

History

Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(3).
Law Implemented: SDCL 34-12-13(3).

ARSD 44:73:12:40 Receptacles or convenience outlets

Each resident bedroom shall have duplex receptacles as follows: one on each side of the head of each bed; receptacles for luminaires and motorized beds, if used; and one receptacle on each wall. Duplex receptacles for general use shall be installed approximately 50 feet apart in each corridor and within 25 feet of ends of corridors.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:42, 43 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(4)(14).
Law Implemented: SDCL 34-12-13(4)(14).

ARSD 44:73:12:41 Staff call system

A facility shall provide a staff call system for resident use to summon assistance from staff. The system must be capable of being easily activated by the resident and must register both visually and audibly at the staff station. In a multicorridor nursing unit, additional visible signals must be installed at each corridor intersection. The system must be utilized and maintained in a way that ensures the system is a consistent and effective means for a resident to alert staff of the need for assistance. A call station convenient for resident use must be provided at each bed, resident toilet, and bathing or shower facility used by the resident. A staff call system that provides two-way voice communication must be equipped with an indicating light at each calling station and the indicating light must remain lighted as long as the voice circuit is operating. The call system must also meet at least one of the following requirements:

(1) The call system utilizes fixed call stations that are convenient for resident use and activated by a pull cord or other approved device. The fixed system must actuate a visual signal at the resident room door, and in the clean workroom, soiled workroom, and nourishment station of the nursing unit. In a multicorridor nursing unit, additional visible signals must be installed at each corridor intersection. For the purpose of this subdivision, the term "nursing unit" means a unit that is limited to one floor of a health care facility and has all resident room entrances and exits within sight or control of nursing personnel;

(2) The call system utilizes wireless devices that are convenient for resident use and activated by a pull cord or other approved device. The wireless system must actuate a visual and audible signal at the staff station and on pocket paging devices carried by all direct care staff. Wireless devices must be fully supervised, capable of alarm reset at the source, and transmit low battery alert. Wireless devices must utilize batteries that are readily available; or

(3) For any other call system, the system must be submitted for review and approved by the department.

A call station or device is not required in the resident room of a cognitively impaired resident, if a nursing assessment determines the resident would not benefit from the availability of a call station or device. The staff call system must include a method for staff to summon assistance if needed. For the purpose of this section, the term "cognitively impaired" means a deficiency that results in a diminished ability to solve problems, to exercise good judgement in the context of a value system, to remember, and to be aware of and respond to a safety hazard.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:44, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:42 Repealed

Fire alarm systems.** Repealed.

History

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:45, repealed, 42 SDR 51, effective October 13, 2015.

ARSD 44:73:12:43 Submittal of plans and specifications

Plans and specifications for new construction shall be submitted to the department for evaluation of function and fire protection including concealed spaces. The department's approval shall be obtained before beginning construction. Modification during construction shall be submitted to the department for review and shall be approved prior to the modification. A written narrative describing the intended use of the proposed construction shall accompany the plans and specifications.

History

Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:47, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1)(3).
Law Implemented: SDCL 34-12-13(1)(3).

ARSD 44:73:12:44 Pipe requirements

A facility shall ensure its piping system for potable water is installed to eliminate any dead-end runs of piping. Before placing any potable water system in service, the piping system must be disinfected in accordance with article 20:54 and certification must be available from the installer showing the method used, date of installation, test procedure used to verify chlorine concentrations, and date the system was flushed and placed in service.

Pipe covering, vapor barriers, and adhesives must have a flame spread index of not more than twenty-five and a smoke emission factor of not more than fifty when tested in accordance with the ASTM E84-23D, 2010 edition, Standard Test Method for Surface Burning Characteristics of Building Materials.

Reference: ASTM E84-23D, 2010 edition, Standard Test Method for Surface Burning Characteristics of Building Materials. Copies may be obtained at https://www.astm.org/e0084-23d.html. Cost: $119.00.

History

Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:13:48, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD 44:73:12:45 Detached structures

A detached structure or auxiliary building used for combustible storage or vehicle parking built adjacent to, but not directly attached to, a health care facility shall either be separated from the facility by a minimum distance of 20 feet, provided with two-hour fire rated separation, or equip the structure with a complete automatic sprinkler system.

Cross-Reference: Fire safety code requirements, § 44:73:03:01.

History

Source: 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:13:49, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(1)(3).
Law Implemented: SDCL 34-12-13(1)(3).

ARSD 44:73:12:46 Water therapy facilities

A facility shall ensure each water therapy facility operated by the facility and used by any resident or the public, is designed, constructed, and maintained using the Recommended Standards for Swimming Pool Design and Operation document available on the department website.

The facility shall collect and submit at least one water sample weekly for each swimming pool or spa facility under the facility's control to an EPA-certified laboratory for bacteriological analysis. The facility shall report any unsafe water sample test results to the department within three days after receipt of the test results. Upon the receipt of an unsafe water sample, the facility must submit two consecutive negative samples to the department to confirm treatment procedures have eliminated the contamination. If a resample test is positive, the facility must close the affected water therapy facility and submit two consecutive negative samples prior to allowing resident use of the affected water therapy facility. The facility shall use a colorimetric test kit for the monitoring and adjusting of disinfectant levels and pH in swimming pool, spa, or other water therapy facilities. The facility shall maintain a daily log of disinfectant levels and pH.

Collateral Reference: Recommended Standards for Swimming Pool Design and Operation, April 2019. Copies available at no cost at https://doh.sd.gov/topics/food-lodging-safety/food-and-lodging-licensure-and-codes/lodging-licensure-and-codes/.

History

Source: 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.

ARSD Article 44:73 — NURSING FACILITIES

HEALTH HEALTH

Chapter 44:73:01 Rules of general applicability

ARSD 44:73:01:01 Definitions

ARSD 44:73:01:02 Posting of license

ARSD 44:73:01:03 Name of facility

ARSD 44:73:01:04 Bed capacity

ARSD 44:73:01:05 Acceptance and retention of residents

ARSD 44:73:01:06 Joint occupancy

ARSD 44:73:01:07 Reports to the department

ARSD 44:73:01:07.01 Reports to the Department of Human Services, law enforcement, or state's attorney

ARSD 44:73:01:08 Plans of correction

ARSD 44:73:01:09 Modifications

ARSD 44:73:01:10 Scope of article

Chapter 44:73:02 Physical environment

ARSD 44:73:02:01 Sanitation

ARSD 44:73:02:02 Pets

ARSD 44:73:02:03 Cleaning methods and facilities

ARSD 44:73:02:04 Chemicals used to sanitize, disinfect, or sterilize

ARSD 44:73:02:05 Sterilization

ARSD 44:73:02:06 Housekeeping cleaning methods and equipment

ARSD 44:73:02:07 Food service

ARSD 44:73:02:08 Handwashing facilities

ARSD 44:73:02:09 Linen

ARSD 44:73:02:10 Infection control

ARSD 44:73:02:11 Plumbing

ARSD 44:73:02:12 Water supply

ARSD 44:73:02:12.01 Water supply -- Control of Legionella

ARSD 44:73:02:13 Ventilation

ARSD 44:73:02:14 Lighting

ARSD 44:73:02:15 Refuse and waste disposal

ARSD 44:73:02:16 Insect and rodent control

ARSD 44:73:02:17 Sewage disposal

ARSD 44:73:02:18 Occupant protection

ARSD 44:73:02:19 Area requirements for licensed resident rooms

ARSD 44:73:02:19.01 Repealed

ARSD 44:73:02:20 Office required for social services activities

ARSD 44:73:02:21 Physical plant changes

ARSD 44:73:02:22 Location

ARSD 44:73:02:23 Heating and cooling

ARSD 44:73:02:24 Repealed

Chapter 44:73:03 Fire protection

ARSD 44:73:03:01 Fire safety code requirements

ARSD 44:73:03:02 General fire safety

Chapter 44:73:04 Management and administration

ARSD 44:73:04:01 Repealed

ARSD 44:73:04:02 Governing body

ARSD 44:73:04:02.01 Repealed

ARSD 44:73:04:03 Administrator

ARSD 44:73:04:04 Personnel

ARSD 44:73:04:05 Personnel training

ARSD 44:73:04:06 Personnel health program

ARSD 44:73:04:07 Admissions of residents

ARSD 44:73:04:08 Admission of residents with communicable diseases

ARSD 44:73:04:09 Prevention and control of influenza

ARSD 44:73:04:10 Prevention and control of pneumonia

ARSD 44:73:04:11 Disease prevention

ARSD 44:73:04:12 Tuberculin screening and testing requirements

ARSD 44:73:04:13 Care policies

ARSD 44:73:04:14 Memory care units

ARSD 44:73:04:15 Restraints

ARSD 44:73:04:16 Transfer agreement

ARSD 44:73:04:17 Quality assessment

ARSD 44:73:04:18 Discharge planning

Chapter 44:73:05 Physician, physician assistant, and nurse practitioner services

ARSD 44:73:05:01 Repealed

ARSD 44:73:05:02 Admissions

ARSD 44:73:05:03 Medical orders

ARSD 44:73:05:04 Emergency physician, physician assistant, or nurse practitioner coverage

ARSD 44:73:05:05 Repealed

ARSD 44:73:05:06 Medical director required

ARSD 44:73:05:07 Physician services for hospice patients

Chapter 44:73:06 Nursing and related care services

ARSD 44:73:06:01 Repealed

ARSD 44:73:06:02 Repealed

ARSD 44:73:06:03 Director of nursing

ARSD 44:73:06:04 Nursing policies and procedures

ARSD 44:73:06:05 Resident care plans and programs

ARSD 44:73:06:06 Repealed

ARSD 44:73:06:07 Nursing service staffing