S.D. Admin. R. 44:77:01:06

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

Section 44:77:01:06 - Restrictions on acceptance and retaining of residents

An adult foster care home shall accept and retain residents in accordance with the following restrictions:

(1) A resident accepted for care by an adult foster care home shall be housed within the home covered by the license;

(2) An adult foster care home may not accept or retain residents who require care in excess of the classification for which it is licensed;

(3) A caregiver may not leave an adult foster care home, unless a resident may be left unsupervised as documented on the resident evaluation, during the caregivers tour of duty in the home to provide services to a person who is not a resident of the home with the exception of providing emergency care on premises contiguous to the home's property;

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

(5) If a person other than a resident is accepted for care or to participate in any program, service, or activity for the resident, that person shall be included in the evaluation of central use, activity, and dining spaces; 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;

(6) An adult foster care home may admit and retain any resident who is able to:

(a) Turn self in bed and raise from bed or chair independently or with limited assistance of one staff for safety;

(b) Transfer independently or with limited assistance of one staff and do not require a mechanical lift;

(c) Complete activities of daily living of mobility or ambulation, dressing, toileting, personal hygiene, and bathing with limited assistance of one staff but less than total assist;

(d) Complete own ostomy or catheter cares;

(e) Feed self with set up, cueing, and supervision;

(f) Display normal expected behaviors for condition that do not place self or others at risk;

(g) Complete own injections if required or may be provided by a licensed nurse;

(h) Manage care for his or her own feeding tube, tracheotomy, or peritoneal dialysis;

(i) Remains free from the need for restraints;

(j) Demonstrate no need for skilled services unless provided by contract with a Medicare certified home health agency for a limited time with a planned end date;

(k) With limited direction, is capable of taking action for self-preservation in emergencies;

(l) Does not pose a danger to self or others;

(m) Be free from communicable diseases that place other residents or staff at risk; and

(n) Maintain conditions that are stable and controlled that do not require frequent medical intervention; and

(7) A resident that is an immediate family member of the adult foster care owner may receive care and assistance beyond what is identified in this section.

S.D. Admin. R. 44:77:01:06

42 SDR 51, effective 10/13/2015

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

Law Implemented: SDCL 34-12-7, 34-12-13(5).