Each facility with a memory care unit shall comply with the following provisions:

1. (1) Each physician's, physician assistant's, or nurse practitioner's order for confinement that includes medical symptoms that warrant seclusion or placement must be documented in the resident's chart and must be reviewed periodically by the physician, physician assistant, or nurse practitioner;
2. (2) Therapeutic programming must be provided to residents by the facility and must be documented by the facility in the overall plan of care;
3. (3) Confinement may not be used as punishment or for the convenience of personnel;
4. (4) Confinement and its necessity must be based on a comprehensive assessment of the resident's physical and cognitive and psychosocial needs, and the risks and benefits of this confinement must be communicated to the resident's family;
5. (5) Each locked door must conform to § 18.2.2.2.5 and § 19.2.2.2.5 of NFPA 101 Life Safety Code, 2012 edition; and

6. (6) Any personnel assigned to the secured unit shall have specific training regarding the unique needs of residents in that unit. At least one caregiver must be on duty on the memory care unit at all times.

   Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at https://www.nfpa.org/product/nfpa-101-code/p0101code?Edition=2012&Language=English&Format=Softbound&type=digital. Cost: $160.00.

Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019 ; 50 SDR 19, effective August 30, 2023; 51 SDR 53, effective November 11, 2024 .

General Authority: SDCL 34-12-13 .

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2023-08-30, 2019-11-26, 2012-01-09.