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;
   2. (b) Exploitation as defined in SDCL 22-46-1; or
   3. (c) Physical abuse as defined in SDCL 22-46-1(7);
2. (2) "Activities program," a diversional program under the direction of a therapeutic recreation specialist or activity professional eligible for certification from the National Certification Council of Activity Professionals, or a qualifed occupational therapist or occupational therapy assistant licensed in accordance with SDCL chapter 36-31;
3. (3) "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;
4. (4) "Client advocate," an agency responsible for the protection and advocacy of patients;
5. (5) "Clinical nurse specialist," a person who practices the nurse specialty of a clinical nurse specialist and who is licensed to practice in this state in accordance with SDCL chapter 36-9;
6. (6) "Circulating nurse," a registered nurse trained, educated, or experienced in perioperative nursing who is responsible for coordinating and monitoring the nursing care and safety needs of a patient in the operating or procedure room and who also meets the needs of the operating and procedure room team members during surgery. The circulating nurse works outside the sterile field in which the procedure takes place and duties include but are not limited to recording the progress of the procedure, accounting for instruments, and handling specimens;
7. (7) "Department," the South Dakota Department of Health;
8. (8) "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 supervises food service with consultation from a dietitian;
9. (9) "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;
10. (10) "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;
11. (11) "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;
12. (12) "Exploitation," as defined in SDCL 22-46-1;
13. (13) "Facility," the place of business licensed as a general hospital, specialized hospital, critical access hospital, or rural emergency hospital used to provide health care to patients that is licensed by the department;
14. (14) "Governing body," an organized body of persons that is ultimately responsible for the quality of care in a health care facility, credentialing of and granting privileges to the medical staff, maintaining the financial viability of the facility, and formulating institutional policy;
15. (15) "Healthcare personnel," any employee or individual working in a healthcare setting;
16. (16) "Interdisciplinary team," a group of persons selected from multiple health disciplines who have a diversity of knowledge and skills and who function as a unit to collectively address the medical, physical, mental or cognitive, and psychosocial needs of a patient;
17. (17) "Licensed health professional," a physician; physician's assistant; nurse practitioner; clinical nurse specialist; physical therapist; speech-language pathologist; occupational therapist; physical or occupational therapy assistant; nurse; nursing facility administrator; dietitian; pharmacist; respiratory therapist; or social worker who holds a current license to practice in this state or privilege to practice;
18. (18) "Medical staff," practitioners that operate under bylaws approved by the governing body and who are responsible for reviewing the qualifications of practitioners applying for clinical privileges and for the provision of medical care to patients in a health care facility;
19. (19) "Misappropriation of patient property," the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a patient's belongings or money without the patient's consent;
20. (20) "Neglect," as defined in SDCL 22-46-1;
21. (21) "Nurse," a registered nurse or a licensed practical nurse licensed in accordance with SDCL chapter 36-9;
22. (22) "Nurse practitioner," a person licensed in accordance with SDCL chapter 36-9A;
23. (23) "Nursing unit," a patient unit that is limited to one floor of a health care facility and has all patient room entrances and exits within sight or control of nursing personnel;
24. (24) "Patient," a person with a valid order by a practitioner for diagnostic or treatment services in a hospital, specialized hospital, critical access hospital, rural emergency hospital, or swing bed;
25. (25) "Pharmacist," a person registered in accordance with SDCL chapter 36-11;
26. (26) "Physician," a person licensed to practice medicine in accordance with SDCL chapter 36-4;
27. (27) "Physician assistant," a person licensed in accordance with SDCL chapter 36-4A;

28. (28) "Practitioner," one of the following:

    1. (a) A physician;
    2. (b) A dentist licensed in accordance with SDCL chapter 36-6A;
    3. (c) A podiatrist licensed in accordance with SDCL chapter 36-8;
    4. (d) An optometrist licensed in accordance with SDCL chapter 36-7;
    5. (e) A chiropractor licensed in accordance with SDCL chapter 36-5;
    6. (f) A pharmacist;
    7. (g) A physical therapist licensed in accordance with SDCL chapter 36-10;
    8. (h) An occupational therapist licensed in accordance with SDCL chapter 36-31;
    9. (i) A nurse practitioner;
    10. (j) A physician assistant;

    11. (k) A speech-language pathologist licensed in accordance with chapter 36-37; or

        1. (i) A clinical nurse specialist;
29. (29) "Regular diet," a nutritionally adequate diet using food items and written recipes that can be prepared and correctly served by a staff person;
30. (30) "Restraint," a physical, chemical, or mechanical device used to restrict the movement of a patient or the movement or normal function of a portion of the patient's body, excluding devices used for specific medical and surgical treatment;
31. (31) "Seclusion room," a room used for the involuntary confinement of a patient from which the patient is prevented from leaving and where most outside stimulus is eliminated to allow a patient to deescalate and feel calm;
32. (32) "Social worker," a person licensed in accordance with SDCL chapter 36-26;
33. (33) "Sufficient personnel," a number of qualified personnel sufficient to perform the duties required to meet the performance criteria established by this article;
34. (34) "Swing bed," a licensed hospital bed that has been approved by the department pursuant to § 44:75:11:10 to also provide short-term nursing care;
35. (35) "Therapeutic diet," any diet other than a regular diet 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 to eliminate certain substances in the diet, and to alter food consistency;

36. (36) "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 patient as delegated by the nurse and authorized by chapter 20:48:04.01.

    Note: National Certification Council of Activity Professionals, https://www.nccap.org.

Source: 42 SDR 51, effective October 13, 2015 ; 50 SDR 62, effective November 27, 2023 .

General Authority: SDCL 34-12-13 .

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

Prior versions effective: 2015-10-13.