S.D. Admin. R. 44:73:01:01

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

Section 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

(c) Physical abuse as defined in SDCL subdivision 22-46-1(7);

(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;

(c) A podiatrist licensed pursuant to SDCL chapter 36-8;

(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.

S.D. Admin. R. 44:73:01:01

42 SDR 51, effective 10/13/2015; 51 SDR 053, effective 11/11/2024

General Authority: SDCL 34-12-7, 34-12-13.

Law Implemented: SDCL 34-12-13, 34-12-32.

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