Terms used in this article mean:

1. (1) "Abuse," shown by a criminal conviction for, or substantial evidence of:

   1. (a) Emotional or psychological abuse as defined in SDCL 22-46-1(4);
   2. (b) Exploitation as defined in SDCL 22-46-1(5); or
   3. (c) Physical abuse as defined in SDCL 22-46-1(7);
2. (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. (3) "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established in this article;
4. (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. (5) "Adult day care," a nonresident program in a licensed facility that provides health, social, and related support services;
6. (6) "Communicable disease," as defined in § 44:20:01:01(8);
7. (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. (8) "Department," the South Dakota Department of Health;
9. (9) "Developmental disability," a severe, chronic disability of a person as defined in SDCL 27B-1-18;
10. (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 one hundred twenty or more hours of classroom instruction in food service supervision, or a certified dietary manager recognized by the Certifying Board for Dietary Managers and who functions with consultation from a dietitian;
11. (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 36-10B;
12. (12) "Distinct part," an entire ward or contiguous wards, wing, floor, or building, that is licensed at a specific level, including all beds and related facilities in the unit;
13. (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. (14) "Exploitation," as defined in SDCL 22-46-1(5);
15. (15) "Facility," the place of business licensed in accordance with SDCL chapter 34-12 to provide assisted living care for residents;
16. (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. (17) "Healthcare personnel," any employee, staff, or individual working in a healthcare setting;
18. (18) "Legend drug," any drug that requires a label bearing the statement, Caution: Federal law prohibits dispensing without prescription;
19. (19) "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 or privilege to practice;
20. (20) "Memory care unit," a distinct part 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;
21. (21) "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;
22. (22) "Neglect," as defined in SDCL 22-46-1;
23. (23) "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;
24. (24) "Nurse aide," a person as defined in § 44:74:01:01(16);
25. (25) "Nurse practitioner," a person who practices as a nurse practitioner in accordance with SDCL chapter 36-9A;
26. (26) "Pharmacist," a person registered to practice pharmacy in accordance with SDCL chapter 36-11;
27. (27) "Physician," a person licensed to practice medicine in accordance with SDCL chapter 36-4;
28. (28) "Physician assistant," a person licensed in accordance with SDCL chapter 36-4A;
29. (29) "Qualified personnel," persons with the specific education, license, or training to provide the health service for which they are employed;
30. (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. (31) "Rehabilitation services," physical therapy, occupational therapy, respiratory therapy, and speech therapy;
32. (32) "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;
33. (33) "Resident advocate," an agency responsible for the protection and advocacy of any residents;
34. (34) "Respite care," care permitted within the scope of a facility license, with a limited stay no greater than thirty days for any one resident;
35. (35) "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;
36. (36) "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;
37. (37) "Terminal illness," a medical prognosis that the person's life expectancy is six months or less if the illness runs its normal course;
38. (38) "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets, that is ordered by a physician, physician assistant, nurse practitioner, or dietitian as part of the treatment for a disease or clinical condition to increase, decrease, or eliminate certain substances in the diet, and to alter food consistency;
39. (39) "Total assistance," full performance of an activity with no participation by the resident for any aspect of the activities of daily living;
40. (40) "Transfer or discharge," the movement of a resident to a bed outside the distinct part or outside the facility; and
41. (41) "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 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.

Source: 38 SDR 115, effective January 9, 2012 ; 46 SDR 65, effective November 26, 2019; 50 SDR 19, effective August 30, 2023 .

General Authority: SDCL 34-12-13 .

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

Prior versions effective: 2019-11-26, 2012-01-09.