44 : 70 : 05 : 06 . Total activities of daily living assistance. A facility may admit or retain a resident who requires one or two personnel for total assistance with completing activities of daily living. Each direct care personnel shall complete an approved certified nurse aide training program pursuant to article 44:74 or an equivalent program approved by the department before assisting a resident who requires total assistance. In the facility , the registered nurse may be the program coordinator and the primary instructor. The nurse shall conduct and document a nursing assessment for the resident's need of total assistance initially upon requiring the services, upon a significant change in the resident's condition, and at least semi-annually. The facility shall have a nurse to work the day shift at least thirty-two hours per week when any resident requires the assistance of two personnel . A nurse must be on call at all times. A facility that provides total assistance is not eligible for a staffing exception allowed under § 44:70:03:02.01 . If a mechanical lift is used, the lift must be operated by at least two personnel with training on the use of the mechanical lift. The facility must document training provided to personnel on the use of the lift. A resident toileting room and bathing room must be large enough to accommodate two - person assistance.

Source: 46 SDR 65, effective November 26, 2019 ; 50 SDR 19, effective August 30, 2023 .

General Authority: SDCL 34-12-13 (5)(14).

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2019-11-26.