S.D. Admin. R. 44:70:01:01

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

Section 44:70:01:01 - Definitions

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

(1) "Abuse," an intentional act toward an individual indicating 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 one or more of the following has occurred resulting in harm, pain, fear, or mental anguish:

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

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

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

(iv) Using profanity, making a gesture, or engaging in any act made to or directed at a 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) "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established in this article;

(4) "Administrator," a person appointed by the owner or governing body of a facility who is responsible for managing the facility and who maintains an office on the premises of the facility;

(5) "Adult day care," a nonresident program in a licensed facility that provides health, social, and related support services;

(6) "Communicable disease," an illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, fomite, or reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment;

(7) "Cognitively impaired," having a deficiency that results in a diminished ability to solve problems, to exercise good judgment in the context of a value system, to remember, and to be aware of and respond to safety hazards;

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

(9) "Developmental disability," a severe, chronic disability of a person as defined in SDCL 27B-1-18;

(10) "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;

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

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

(13) "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;

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

(15) "Facility," the place of business licensed in accordance with SDCL chapter 34-12 to provide assisted living care for residents;

(16) "Governing body," an organized body of persons that is ultimately responsible for the quality of care in a health care facility, maintaining the financial viability of the facility, and formulating institutional policy;

(17) "Healthcare personnel," any employee, staff, or individual working in healthcare setting;

(18) "Hospice services," a coordinated interdisciplinary team and program of 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 may arise out of physical, psychological, spiritual, social, and economic stresses experienced during the final stages of illness and dying and include formal bereavement programs as an essential component;

(19) "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 resident;

(20) "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;

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

(22) "Licensed health professional," a physician, physician assistant, nurse practitioner, physical therapist, speech-language pathologist, occupational therapist, physical or occupational therapy assistant, nurse, nursing facility administrator, dietitian, pharmacist, respiratory therapist, psychologist, or social worker who holds a current license to practice in this state;

(23) "Memory care unit," a distinct area of a facility in which the physical environment and design maximizes functioning abilities, promotes safety, and encourages independence for a defined specific population, that is staffed by persons with training to meet the needs of residents admitted to the unit;

(24) "Misappropriation of resident property," the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent;

(25) "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 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;

(26) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to practice in this state in accordance with SDCL chapter 36-9;

(27) "Nurse aide," a person providing nursing-related services who is certified as a nurse aide;

(28) "Nurse practitioner," a person who practices as a nurse practitioner in accordance with SDCL chapter 36-9 A;

(29) "Nursing personnel," staff which includes nurses, unlicensed assistive personnel, and caregivers;

(30) "Pharmacist," a person registered to practice pharmacy in accordance with SDCL chapter 36-11;

(31) "Physician," a person licensed to practice medicine in accordance with SDCL chapter 36-4;

(32) "Physician assistant," a person licensed in accordance with SDCL chapter 36-4 A;

(33) "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 of2000, Pub. L. No. 106-402 (October 30, 2000), codified at 42 U.S.C. §§ 15041 through 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 through 10851;

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

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

(36) "Rehabilitation services," physical therapy, occupational therapy, respiratory therapy, and speech therapy;

(37) "Resident," a person not in need of acute care with a valid order by a physician, physician assistant, or nurse practitioner for services in an assisted living center;

(38) "Resident advocates," agencies responsible for the protection and advocacy of any residents, including the department, the state ombudsman, the protection and advocacy network, and the Medicaid fraud control unit;

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

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

(41) "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;

(42) "Stand-alone facility," an assisted living center not physically attached to a nursing facility or hospital;

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

(44) "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets, that is ordered by a physician, physician assistant, nurse practitioner, or licensed 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;

(45) "Total assist," full performance of an activity with no participation by the resident for any aspect of the activities of daily living;

(46) "Transfer or discharge," the movement of a resident to a bed outside the distinct part or outside the facility; and

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

S.D. Admin. R. 44:70:01:01

38 SDR 115, effective 1/9/2012; 46 SDR 065, effective 11/26/2019; 50 SDR 019, effective 8/30/2023

General Authority: SDCL 34-12-13.

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