S.D. Admin. R. 44:77:01:01

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

Section 44:77:01:01 - Definitions

Terms defined in SDCL 34-12-1.1 have the same meaning in this article. In addition, terms used in this article mean:

(1) "Abuse," an intentional act toward an individual indicating that one or more of the following has occurred:

(a) A criminal conviction against a person for mistreatment toward an individual; or

(b) In the absence of a criminal conviction, substantial evidence that one or more of the following has occurred resulting in harm, pain, fear, or mental anguish:

(i) Misappropriation of a patient's or resident's property or funds;

(ii) An attempt to commit a crime against a patient or resident;

(iii) Physical harm or injury against a patient or resident; or

(iv) Using profanity, making a gesture, or engaging in any other act made to or directed at a patient or resident;

(2) "Activities of daily living," the tasks of transferring, moving about, dressing, grooming, toileting, bathing, and eating performed routinely by a person to maintain physical functioning and personal care;

(3) "Caregiver," the owner or any person, but not including another resident, who provides care, support, and services required to meet the performance criteria established by this article;

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

(5) "Developmental disability," a severe, chronic disability of a person as defined in SDCL 27B-1-18 or a disability which:

(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(b) Is manifested before the person attains age 22;

(c) Is likely to continue indefinitely;

(d) Results in substantial functional limitations in three or more of the following areas of major life activity:

(i) Self-care;

(ii) Receptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self-direction;

(vi) Capacity for independent living; and

(vii) Economic self-sufficiency; and

(e) Reflects the persons need for an array of generic services, met through a system of individual planning and supports over an extended time, including those of a life-long duration;

(6) "Emergency care," professional health services immediately necessary to preserve life or stabilize health due to the sudden, severe, and unforeseen onset of illness or accidental bodily injury;

(7) "Exploitation," the wrongful taking or exercising of control over property of a person with intent to defraud that person;

(8) "Facility," the family-style residence, other than an apartment, licensed by the department used to provide supervision of care to residents;

(9) "Healthcare worker," any paid person working in a health-care setting;

(10) "Health supervision," activity by an adult foster care provider that ensures a resident carries out the health plan of the resident's physician and observes good health practices with minimal assistance from the provider;

(11) "Misappropriation of resident or patient property," the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a residents or patients belongings or money without the residents or patients consent;

(12) "Neglect," harm to a person's health or welfare, without reasonable justification, caused by the conduct of someone responsible for the person's health or welfare, including but not limited to offensive behavior made to or directed at a client, and the failure to provide timely, consistent, and safe services, treatment, or care necessary to avoid physical harm, mental anguish, or mental illness to the person;

(13) "Owner," a person who resides at the adult foster care home who is responsible for the overall supervision, support, and care of the homes residents;

(14) "Personal care," limited assistance given by facility caregivers in those areas of daily living when a resident has difficulty functioning because of a physical, mental, or emotional condition;

(15) "Qualified personnel," persons with the specific education, license, and training to provide services;

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

(17) "Resident advocate," an agency responsible for the protection and advocacy of clients, including the department, the state ombudsman, the protection and advocacy network, and the Medicaid fraud control unit;

(18) "Self-administration of medications," the removal of the correct dosage from the pharmaceutical container and self-injecting, self-ingesting, or self-applying the medication with no assistance or with limited assistance from a qualified personnel;

(19) "Supervision of personal cares," general supervision, including daily awareness of resident functioning and continuing needs, the ability to intervene in a crisis and provide minimal assistance in the self-administration of prescribed medications; and

(20) "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets, that is ordered by a physician, physician assistant, nurse practitioner, or qualified dietitian as part of the treatment for a disease or clinical condition to increase, decrease, or to eliminate certain substances in the diet, and to alter food consistency.

S.D. Admin. R. 44:77:01:01

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.