S.D. Admin. R. 44:78:01:01

Current through Register Vol. 51, page 64, December 9, 2024

Section 44:78:01:01 - 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 other any act made to or directed at a patient or resident;

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

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

(4) "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;

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

(6) "Facility," the place of business used to provide health care for patients that is licensed by the department;

(7) "Governing body," is an individual, partnership, or an organized body of persons that is ultimately responsible for the quality of care in an inpatient chemical dependency treatment 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;

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

(9) "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;

(10) "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 and residents in a health care facility;

(11) "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 but not limited to offensive behavior made to or directed at a client, 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;

(12) "Patient," a person with a valid order by a practitioner for diagnostic or treatment services in a chemical dependency treatment facility;

(13) "Patient advocate," an 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; and

(14) "Qualified personnel," persons with the specific education, license, and training to provide the health service for which they are employed.

S.D. Admin. R. 44:78:01:01

42 SDR 51, effective 10/13/2015

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.