A facility shall accept and retain patients based on the facility's capabilities to meet the needs of the patients, the services provided in accordance with the facility's classification as determined by the facility's governing body, and with written policies and procedures that:
- (1) A patient accepted for care by a licensed facility must be housed and treated within the facility;
- (2) Healthcare personnel essential to maintaining sufficient personnel may not leave a facility during their tour of duty in the facility to provide services to persons who are not patients of the facility with the exception of providing emergency care on premises contiguous to the facility's property;
- (3) For a hospital, if the facility accepts or retains a patient for other than short-term acute care, it must provide the facilities, equipment, programs, and care needed by the patient;
- (4) A facility that accepts or retains a patient with a developmental disability, as defined in SDCL 27B-1-18, or a patient with a mental disease that causes the patient to lack sufficient undertanding or capacity to make responsible decisions to meet the ordinary demands of life, as evidenced by the patient's behavior, or that causes the patient to be a danger to self or others, shall provide facilities and programs consistent with the needs of the patient;
- (5) If a person other than an inpatient 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 persons other than inpatients may not infringe upon the needs of the inpatients; and
(6) A critical access hospital may provide inpatient acute care up to an annual average length of stay of ninety-six hours.
A facility may not accept or retain a patient who requires care in excess of the classification for which it is licensed.
Source: 42 SDR 51, effective October 13, 2015 ; 50 SDR 62, effective November 27, 2023 .
General Authority: SDCL 34-12-7 , 34-12-13 (5).
Law Implemented: SDCL 34-12-7 , 34-12-13 .
Prior versions effective: 2015-10-13.