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 of the facility and must be documented by the facility in the overall plan of care pursuant to § 44:73:06;05;
3. (3) Confinement may not be used as a punishment or for the convenience of the 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) Locked doors must conform to Sections: 18.2.2.2.5 and 19.2.2.2.5 of the NFPA 101 Life Safety Code, 2012 edition; and

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

   For the purposes of this section, the term "therapeutic programming" means any purposeful activity that fosters social, emotional, physical, cognitive, and mental wellbeing.

   Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained at . Cost: $160.00.

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 27 SDR 59, effective December 17, 2000; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:04:11.01 ; 42 SDR 51, effective October 13, 2015 ; 51 SDR 53, effective November 11, 2024 .

General Authority: SDCL 34-12-13 .

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2015-10-13.