Acceptance and retention of residents.
Effective Nov 11, 202451 SDR 53Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:01:05 , 42 SDR 51, effective October 13, 2015 ; 51 SDR 53, effective November 11, 2024 . | General Authority: SDCL 34-12-7 , 34-12-13 . | Law Implemented: SDCL 34-12-7 , 34-12-13 .
A facility shall accept and retain residents based on the facility's capabilities to meet the needs of the residents, the services provided in accordance with the facility classification as determined by the facility's medical director and governing body, and the following policies and procedures:
- (1) A resident accepted for care by a licensed facility must be housed and treated within the facility;
- (2) Healthcare personnel essential to maintaining adequate staff may not leave a licensed facility during their tour of duty in the facility to provide services to persons who are not residents of the facility with the exception of providing emergency care on premises contiguous to the facility's property;
(3) A facility shall provide facilities and programs consistent with the needs of any resident with:
- (a) A developmental disability, as defined in SDCL 27B-1-18; or
- (b) A mental condition that causes the resident to lack sufficient understanding or capacity to make responsible decisions to meet the ordinary demands of life, as evidenced by the resident's behavior, or that causes the resident to be a danger to self or others; and
- (4) If a person other than a resident is accepted for care or to participate in any nursing service, dietary service, or activity program, the facility must include the person in the evaluation of staffing of nursing, dietary, and activity programs, and the provision of an infection control program. Services or programs provided to individuals other than residents may not infringe upon the needs of the residents.
Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:01:05 , 42 SDR 51, effective October 13, 2015 ; 51 SDR 53, effective November 11, 2024 .
General Authority: SDCL 34-12-7 , 34-12-13 .
Law Implemented: SDCL 34-12-7 , 34-12-13 .
Prior versions effective: 2015-10-13.