S.D. Admin. R. 44:80:01:01

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

Section 44:80:01:01 - 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) "Agency," the Medicare certified hospice agency which provides or coordinates palliative and supportive care to hospice residents within the facility;

(3) "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;

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

(5) "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;

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

(7) "Custodial care," is care and related services that helps a hospice resident with the residents activities of daily living, and may also include preparation of special diets, medication administration, or other activities that do not require constant attention of medical personnel;

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

(9) "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;

(10) "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;

(11) "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;

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

(13) "Facility," the place of business licensed by the department as a residential hospice that provides custodial care to hospice residents;

(14) "Governing body," is an individual, partnership, or an organized body of persons that is ultimately responsible for the quality of care in an residential hospice facility, maintaining the financial viability of the facility, and formulating institutional policies and procedures, or bylaws governing the operation of the facility;

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

(16) "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 resident and the resident'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;

(17) "Instrumental activities of daily living," tasks performed routinely by a person, utilizing physical and social environmental features, to manage life situations, including meal preparation, self-administration of medications, telephone use, housekeeping, laundry, handling finances, shopping, and use of transportation;

(18) "Legend drug," any drug that requires the label bearing the statement "Caution: Federal law prohibits dispensing without prescription";

(19) "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;

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

(21) "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;

(22) "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;

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

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

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

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

(27) "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;

(28) "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;

(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 terminally ill individual that is receiving custodial care on a twenty-four hour per day basis and receives services as a resident under the direction of a Medicare hospice provider certified by the Centers for Medicare and Medicaid Services;

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

(33) "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;

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

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

(36) "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;

(37) "Transfer or discharge," the movement of a resident to a bed outside the distinct part or outside the 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 under SDCL chapter 36-9 but who is trained to assist a licensed nurse in the provision of nursing care to a resident or resident as delegated by the nurse and authorized by chapter 20:48:04.01.

S.D. Admin. R. 44:80:01:01

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

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