S.D. Admin. R. 44:76:01:01

Current through Register Vol. 51, page 57, November 12, 2024

Section 44:76:01:01 - 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) "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established by 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) "Anesthesiologist," a physician whose specialized training and certification qualify the person to administer anesthetic agents and to monitor the patient under the influence of these agents;

(6) "Anesthetist," a physician eligible for certification as an anesthesiologist or a certified registered nurse anesthetist who meets the requirements of SDCL chapter 36-9;

(7) "Client advocate," any agency responsible for the protection and advocacy of patients, including the department, the state ombudsman, the protection and advocacy network, and the Medicaid fraud control unit;

(8) "Clinical Nurse Specialist," a person who practices the nurse specialty of a clinical nurse specialist as authorized pursuant to SDCL chapter 36-9;

(9) "Circulating Nurse," a registered nurse trained, educated, or experienced in perioperative nursing who is responsible for coordinating and monitoring the nursing care and safety needs of a patient in the operating or procedure room and who also meets the needs of the operating room or procedure room team members during surgery. The circulating nurse works outside the sterile field in which the procedure takes place and duties include but are not limited to recording the progress of the procedure, accounting for instruments, and handling specimens.

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

(11) "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;

(12) "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;

(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 ambulatory surgical center licensed by the department that is not part of a hospital and which is not an office of a dentist, in which surgical procedures requiring the use of general anesthesia are performed upon patients;

(16) "General hospital," a hospital that provides at least medical, surgical, obstetrical, and emergency services;

(17) "Governing body," an organized body of persons that is ultimately responsible for the quality of care in a health care facility, credentialing of and granting privileges to the medical staff, maintaining the financial viability of the facility, and formulating institutional policy;

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

(19) "Hospital," is a general hospital, specialized hospital, or critical access hospital.

(20) "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;

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

(22) "Licensed health professional," a physician; physician's assistant; nurse practitioner; clinical nurse specialist, physical therapist, speech-language pathologist, 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;

(23) "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 health care facility;

(24) "Mental disease," a mental condition that causes a person to lack sufficient understanding or capacity to make the responsible decisions to meet the ordinary demands of life, as evidenced by the person's behavior, or that causes a person to be a danger to self or others;

(25) "Misappropriation of patient or resident 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;

(26) "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;

(27) "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;

(28) "Nurse aide," an individual providing nursing or nursing-related services who is not a licensed health professional, or someone who volunteers to provide such services without pay;

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

(30) "Nursing personnel," staff which includes registered nurses, licensed practical nurses, nurse aides, patient care technicians, and restorative aides;

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

(32) "Patient," a person with a valid order by a practitioner for surgical services that does not require hospitalization and in which the expected duration of services would not exceed 24 hours and not require an overnight stay in an ambulatory surgical center;

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

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

(35) "Physician assistant," a health care professional who meets the qualifications as defined and is licensed as authorized pursuant to SDCL chapter 36-4 A;

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

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

(b) A dentist licensed pursuant to SDCL chapter 36-6;

(c) A podiatrist licensed pursuant to SDCL chapter 36-8;

(d) An optometrist licensed pursuant to SDCL chapter 36-7;

(e) A chiropractor licensed pursuant to SDCL chapter 36-5;

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

(g) A nurse practitioner licensed pursuant to SDCL chapter 36-9 A; (h) A physician assistant licensed pursuant to SDCL chapter 36-4 A;

(h) A physician assistant licensed pursuant to SDCL chapter 36-4 A;

(i) A clinical nurse specialist pursuant to SDCL chapter 36-9; or

(37) "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;

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

(39) "Rehabilitation services," services which include physical therapy, occupational therapy, respiratory therapy, and speech therapy;

(40) "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;

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

(43) "Specialized hospital," a hospital that provides only one service or a combination of services but does not provide all of the services required to qualify as a general hospital;

(44) "Transfer or discharge," the movement of a patient outside the facility;

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

(46) "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 as delegated by the nurse and authorized by chapter 20:48:04.01.

S.D. Admin. R. 44:76:01:01

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

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