S.D. Admin. R. 44:79:01:01

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

Section 44:79:01:01 - 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 patient's property or funds;

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

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

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

(2) "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established by this article;

(3) "Administrator," a person appointed by the owner or governing body of a facility who is responsible for the daily overall management of the facility, who may maintain an office on the premises of the facility, and appoints a qualified person to represent the administrator during the administrators absence;

(4) "Client advocate," an agency responsible for the protection and advocacy of patients and residents, including the department, the state ombudsman, and the protection and advocacy network;

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

(6) "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 120 or more hours of classroom instruction in food service supervision, or a certified dietary manager recognized by the National Certifying Board of Dietary Managers and who functions with consultation from a dietitian;

(7) "Dietitian," a person who is registered with the Academy of Nutrition and Dietetics and holds a current license to practice in South Dakota pursuant to SDCL chapter 36-10 B;

(8) "Distinct part," an identifiable unit, such as an entire ward or contiguous wards, wing, floor, or building, which is licensed at a specific level. It consists of all beds and related facilities in the unit;

(9) "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;

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

(11) "Facility," the place of business licensed by the department used to provide health care for inpatient hospice patients;

(12) "Governing body," is an individual, partnership, or an organized body of persons that is ultimately responsible for the quality of care in an inpatient hospice facility, credentialing of and granting privileges to the medical staff, maintaining the financial viability of the facility, and formulating institutional policies and procedures, or bylaws governing the operation of the facility;

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

(14) "Hospice services," a coordinated interdisciplinary program of health care that provides or coordinates palliative and supportive care to meet the needs of a terminally ill patient and the patient's family. The needs arise out of physical, psychological, spiritual, social, and economic stresses experienced during the final stages of illness and dying and that includes formal bereavement programs as an essential component;

(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 patient;

(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's assistant; nurse practitioner; physical, speech, or 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 South Dakota;

(18) "Medical staff," an organized staff composed of practitioners that operates under bylaws approved by the governing body and which is responsible for reviewing the qualifications of practitioners applying for clinical privileges and for the provision of medical care to patients in a facility;

(19) "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;

(20) "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 offensive behavior made to or directed at a patient or resident, 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;

(21) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to practice in South Dakota pursuant to SDCL chapter 36-9;

(22) "Nurse practitioner," a person who practices the specialty nurse practitioner as authorized pursuant to SDCL chapter 36-9 A;

(23) "Nursing personnel," staff which includes registered nurses, licensed practical nurses, nurse aides, restorative aides, and unlicensed assistive personnel;

(24) "Nursing unit," a patient unit that is limited to one floor of a hospice and has all patient room entrances and exits within sight or control of nursing personnel;

(25) "Patient," a person with a valid order by a physician to receive hospice services in an inpatient hospice;

(26) "Pharmacist," a person registered to practice pharmacy pursuant to SDCL chapter 36-11;

(27) "Physician," a person who is licensed or approved to practice medicine pursuant to SDCL chapter 36-4;

(28) "Practitioner," one of the following:

(a) A physician or surgeon licensed or approved to practice medicine pursuant to SDCL chapter 36-4;

(b) A pharmacist licensed pursuant to SDCL chapter 36-11; or

(c) A nurse practitioner licensed pursuant to SDCL chapter 36-9 A; or

(29) "Protection and advocacy network," agencies responsible for the protection and advocacy of individuals with developmental disabilities or mental illness, established under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Pub. L. No. 106-402 (October 30, 2000), codified at 42 U.S.C. § 15041 to 15045, and the Protection and Advocacy for Persons with Mental Illness Act of 2000, Pub. L. No. 106-310 (October 17, 2000), codified at 42 U.S.C. §§ 10801 to 10851, inclusive;

(30) "Qualified personnel," persons with the specific education or training to provide the health service for which they are employed;

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

(32) "Respite care," care permitted within the scope of a facility license, with a limited stay no greater than 30 days for any one patient;

(33) "Restraint," a physical, chemical, or mechanical device used to restrict the movement of a patient or the movement or normal function of a portion of the patient's body, excluding devices used for specific medical and surgical treatment;

(34) "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 assistance from qualified personnel of the facility for the correct dosage or frequency;

(35) "Social worker," a person who is licensed pursuant to SDCL chapter 36-26;

(36) "Terminal illness," a medical prognosis that the individual's life expectancy is six months or less if the illness runs its normal course;

(37) "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets, that is ordered by a physician 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;

(38) "Transfer or discharge," the movement of a patient to a bed outside the distinct part or outside the facility;

(39) "Treatment," a medical aid provided for the purposes of palliating symptoms, improving functional level, or maintaining or restoring health; and

(40) "Unlicensed assistive personnel," a person who is not licensed as a nurse under SDCL chapter 36-9 but who is trained to assist a licensed nurse in the provision of nursing care to a patient or resident as delegated by the nurse and authorized by chapter 20:48:04.01.

S.D. Admin. R. 44:79:01:01

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

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

Note: National Certification Council of Activity Professionals, 520 Stewart, Park Ridge, IL 60068. Phone (708) 698-4263.