S.D. Admin. R. 44:73:01:05

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

Section 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.

S.D. Admin. R. 44:73:01:05

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 34-12-7, 34-12-13.