S.D. Admin. R. 44:70:01:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:70:01:05 - Acceptance and retention of residents

A facility may only accept and retain residents based on the facility's capabilities to meet the needs of the residents. The facility may accept or retain residents in accordance with the services provided by the facility, determined by the governing body, and with written policies and procedures for the following:

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

(2) A facility may not accept or retain residents who require care in excess of the facility's licensure classification;

(3) Healthcare personnel and other personnel essential to maintaining adequate staff may not leave a facility during the personnel's 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;

(4) Each facility that accepts or retains a resident with developmental disabilities or mental illness shall provide facilities and programs consistent with the needs of the resident;

(5) If any person other than a resident is accepted for care or to participate in any program, service, or activity, that person must be included in the evaluation of central use, activity, and dining spaces; staffing of nursing, dietary, and activity programs; and the provision of an infection control program. No service provided to the person may infringe upon the needs of the residents; and

(6) A facility may admit and retain any resident who is able to:

(a) Complete activities of daily living of mobility or ambulation; dressing; toileting, including the provision of incontinence, catheter, or ostomy care; personal hygiene; and bathing independently or with assistance of personnel. Assistance may be provided according to the provisions of § 44:70:05:06;

(b) Feed oneself with set up or supervision. Assistance may be provided according to the provisions of § 44:70:06:18;

(c) Complete the resident's medication administration, including injections, or have medications administered by qualified personnel;

(d) Remain free from the need for restraints, except for admission to a memory care unit;

(e) Receive skilled services that may be provided by the facility nurse, a licensed or otherwise appropriately credentialed therapist, Medicare-certified home health agency personnel, or a Medicare-certified hospice provider; and;

(f) Maintain conditions that are stable and controlled that do not require frequent nursing care or frequent visits or notifications to a physician, physician assistant, or nurse practitioner.

S.D. Admin. R. 44:70:01:05

38 SDR 115, effective 1/9/2012; 46 SDR 065, effective 11/26/2019; 50 SDR 019, effective 8/30/2023; 50 SDR 139, effective 6/2/2024

General Authority: SDCL 34-12-7, 34-12-13(5).

Law Implemented: SDCL 34-12-7, 34-12-13.