44:77:01:01.  Definitions. Terms defined in SDCL 34-12-1.1 have the same meaning in this article. In addition, terms used in this article mean:

 

          (1)  "Abuse," an intentional act toward an individual indicating that one or more of the following has occurred:

 

               (a)  A criminal conviction against a person for mistreatment toward an individual; or

               (b)  In the absence of a criminal conviction, substantial evidence that one or more of the following has occurred resulting in harm, pain, fear, or mental anguish:

 

                      (i)  Misappropriation of a patient's or resident's property or funds;

                      (ii)  An attempt to commit a crime against a patient or resident;

                      (iii)  Physical harm or injury against a patient or resident; or

                      (iv)  Using profanity, making a gesture, or engaging in any other act made to or directed at a patient or resident;

 

 

          (2)  "Activities of daily living," the tasks of transferring, moving about, dressing, grooming, toileting, bathing, and eating performed routinely by a person to maintain physical functioning and personal care;

 

          (3)  "Caregiver," the owner or any person, but not including another resident, who provides care, support, and services required to meet the performance criteria established by this article;

 

          (4)  "Department," the South Dakota Department of Health;

 

          (5)  "Developmental disability," a severe, chronic disability of a person as defined in SDCL 27B-1-18 or a disability which:

 

               (a)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

               (b)  Is manifested before the person attains age 22;

               (c)  Is likely to continue indefinitely;

               (d)  Results in substantial functional limitations in three or more of the following areas of major life activity:

 

                      (i)  Self-care;

                      (ii)  Receptive and expressive language;

                      (iii)  Learning;

                      (iv)  Mobility;

                      (v)  Self-direction;

                      (vi)  Capacity for independent living; and

                      (vii)  Economic self-sufficiency; and

 

               (e)  Reflects the person's need for an array of generic services, met through a system of individual planning and supports over an extended time, including those of a life-long duration;

 

          (6)  "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;

 

          (7)  "Exploitation," the wrongful taking or exercising of control over property of a person with intent to defraud that person;

 

          (8)  "Facility," the family-style residence, other than an apartment, licensed by the department used to provide supervision of care to residents;

 

          (9)  "Healthcare worker," any paid person working in a health-care setting;

 

          (10)  "Health supervision," activity by an adult foster care provider that ensures a resident carries out the health plan of the resident's physician and observes good health practices with minimal assistance from the provider;

 

          (11)  "Misappropriation of resident or patient property," the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's or patient's belongings or money without the resident's or patient's consent;

 

          (12)  "Neglect," harm to a person's health or welfare, without reasonable justification, caused by the conduct of someone responsible for the person's health or welfare, including but not limited to offensive behavior made to or directed at a client, and the failure to provide timely, consistent, and safe services, treatment, or care necessary to avoid physical harm, mental anguish, or mental illness to the person;

 

          (13)  "Owner," a person who resides at the adult foster care home who is responsible for the overall supervision, support, and care of the homes residents;

 

          (14)  "Personal care," limited assistance given by facility caregivers in those areas of daily living when a resident has difficulty functioning because of a physical, mental, or emotional condition;

 

          (15)  "Qualified personnel," persons with the specific education, license, and training to provide services;

 

          (16)  "Regular diet," a nutritionally adequate diet using food items and written recipes that can be prepared and correctly served by a staff person;

 

          (17)  "Resident advocate," an agency responsible for the protection and advocacy of clients, including the department, the state ombudsman, the protection and advocacy network, and the Medicaid fraud control unit;

 

          (18)  "Self-administration of medications," the removal of the correct dosage from the pharmaceutical container and self-injecting, self-ingesting, or self-applying the medication with no assistance or with limited assistance from a qualified personnel;

 

          (19)  "Supervision of personal cares," general supervision, including daily awareness of resident functioning and continuing needs, the ability to intervene in a crisis and provide minimal assistance in the self-administration of prescribed medications; and

 

          (20)  "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets, that is ordered by a physician, physician assistant, nurse practitioner, or qualified 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.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13.

          Law Implemented: SDCL 34-12-13.

 

          44:77:01:02.  Licensure of adult foster care home. Any license issued shall denote the adult foster care home and the homes address on the face of the license. The most current license issued by the department shall be posted on the premises of the home in a place conspicuous to the public. The license certificate remains the property of the department.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-7.

          Law Implemented: SDCL 34-12-7.

 

          44:77:01:03.  Name of adult foster care home. Each adult foster care home shall be designated by a pertinent and distinctive name that shall be used in applying for a license. The name may not be changed without first notifying the department in writing. No facility may be given a name or advertise in a way that implies services rendered are in excess of the classification for which it is licensed or which would indicate an ownership other than actual.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-7.

          Law Implemented: SDCL 34-12-7

 

          44:77:01:04.  Bed capacity. The department shall establish the bed capacity of each facility pursuant to the physical plant and space provisions of this article. The resident census may not exceed the bed capacity for which the home is licensed. A request by the home for an adjustment in bed capacity because of change of purpose or construction shall be approved by the department before any changes are made.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-7.

          Law Implemented: SDCL 34-12-7.

 

          44:77:01:05.  Criteria for licensed adult foster care home owners and adult foster care home applicants. Licensed adult foster care home owners shall meet the following criteria:

 

          (1)  Neither the adult foster care home owners nor family members residing at the residence may be a habitual user of alcohol or drugs;

 

          (2)  Neither the adult foster care home owner nor family members residing at the residence may have a conviction for abusing or neglecting another person; and

 

          (3)  Any person providing supervisory care and support in the adult foster care home shall be at least 18 years of age.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13.

          Law Implemented: SDCL 34-12-13.

 

          44:77:01:06.  Restrictions on acceptance and retaining of residents. An adult foster care home shall accept and retain residents in accordance with the following restrictions:

 

          (1)  A resident accepted for care by an adult foster care home shall be housed within the home covered by the license;

 

          (2)  An adult foster care home may not accept or retain residents who require care in excess of the classification for which it is licensed;

 

          (3)  A caregiver may not leave an adult foster care home, unless a resident may be left unsupervised as documented on the resident evaluation, during the caregiver's tour of duty in the home to provide services to a person who is not a resident of the home with the exception of providing emergency care on premises contiguous to the home's property;

 

          (4)  Each facility that accepts or retains a resident with developmental disabilities or mental diseases shall provide facilities and programs consistent with the needs of the resident;

 

          (5)  If a person other than a resident is accepted for care or to participate in any program, service, or activity for the resident, that person shall be included in the evaluation of central use, activity, and dining spaces; dietary, and activity programs; and the provision of an infection control program. No service provided to the person may infringe upon the needs of the residents;

 

          (6)  An adult foster care home may admit and retain any resident who is able to:

 

               (a)  Turn self in bed and raise from bed or chair independently or with limited assistance of one staff for safety;

               (b)  Transfer independently or with limited assistance of one staff and do not require a mechanical lift;

               (c)  Complete activities of daily living of mobility or ambulation, dressing, toileting, personal hygiene, and bathing with limited assistance of one staff but less than total assist;

               (d)  Complete own ostomy or catheter cares;

               (e)  Feed self with set up, cueing, and supervision;

               (f)  Display normal expected behaviors for condition that do not place self or others at risk;

               (g)  Complete own injections if required or may be provided by a licensed nurse;

               (h)  Manage care for his or her own feeding tube, tracheotomy, or peritoneal dialysis;

               (i)  Remains free from the need for restraints;

               (j)  Demonstrate no need for skilled services unless provided by contract with a Medicare certified home health agency for a limited time with a planned end date;

               (k)  With limited direction, is capable of taking action for self-preservation in emergencies;

               (l)  Does not pose a danger to self or others;

               (m)  Be free from communicable diseases that place other residents or staff at risk; and

               (n)  Maintain conditions that are stable and controlled that do not require frequent medical intervention; and

 

          (7)  A resident that is an immediate family member of the adult foster care owner may receive care and assistance beyond what is identified in this section.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-7, 34-12-13(5).

          Law Implemented: SDCL 34-12-7, 34-12-13(5).

 

          44:77:01:07.  Resident evaluation. The facility shall ensure an evaluation of each resident's needs is documented at the time of admission, annually thereafter, and upon a resident's significant change, to determine if the facility can meet the needs for each resident. The evaluation will be documented on a form developed by the department and maintained in each residents record.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-7, 34-12-13(5).

          Law Implemented: SDCL 34-12-7, 34-12-13(5).

 

          44:77:01:08.  Joint occupancy. The use of a portion of a building for a purpose other than that covered by the license may be approved by the department only if it can be shown that joint occupancy is not detrimental to the welfare of the residents. The area shall be open to inspection by the department.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1) and (3).

          Law Implemented: SDCL 34-12-13(1) and (3).

 

          44:77:01:09.  Reports. Each facility shall fax, email, or mail to the department the pertinent data necessary to comply with the requirements of all applicable administrative rules and statutes.

 

          Any incident or event where there is reasonable cause to suspect abuse or neglect of any resident by any person shall be reported within 24 hours of becoming informed of the alleged incident or event. The facility shall report each incident or event orally or in writing to the state's attorney of the county in which the facility is located, to the Department of Social Services, or to a law enforcement officer. The facility shall report each incident or event to the department within 24 hours, and conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.

 

          Each facility shall report to the department within 48 hours of the event any death resulting from other than natural causes originating on facility property such as accidents or suicide. The facility shall conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.

 

          Each facility shall report a missing resident to the department within 48 hours. The facility shall conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.

 

          Each facility shall also report to the department as soon as possible any fire with damage or where injury or death occurs; any partial or complete evacuation of the facility resulting from natural disaster; or any loss of utilities, such as electricity, natural gas, telephone, emergency generator, fire alarm, sprinklers, and other critical equipment necessary for operation of the facility for more than 24 hours.

 

          Each facility shall notify the department of any anticipated closure or discontinuation of service at least 30 days in advance of the effective date.

 

          Each facility shall report to the department any unsafe water samples for pools or spas.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(14).

 

          44:77:01:10.  Plans of correction. Within 10 days of the receipt of the statement of deficiencies, each facility shall submit to the department a written plan of correction for the citation of noncompliance with licensure requirements. The plan of correction shall be signed, dated, and on forms provided by the department. The department may reject the plan of correction if there is no evidence the plan will cause the facility to attain or maintain compliance with SDCL chapter 34-12 and this article.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(5).

 

          44:77:01:11.  Scope of article. Nothing in article 44:77 limits or expands the rights of any healthcare worker or caregiver to provide services within the scope of the professional's license, certification, or registration, as provided by South Dakota law.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(5).

 

          44:77:02:01.  Sanitation. The facility shall be kept clean, neat, and free of litter and rubbish. Hazardous cleaning solutions, chemicals, and poisons shall be labeled, stored in a safe place, and kept in an enclosed cabinet. Garbage and refuse shall be kept in durable, easily cleanable containers that do not leak and do not absorb liquids. Garbage and refuse shall be disposed of often enough to prevent the development of odor and the attraction of insects and rodents. Sewage shall be disposed of by means of a public sewage disposal system or a septic system, and shall not constitute a source of contamination of food, equipment, or utensils or otherwise create an unsanitary condition or nuisance.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

 

          44:77:02:02.  Pets. No pet kept in or visiting a facility may negatively affect the well-being of a resident.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

 

          Cross-Reference: Physically disabled, blind, or deaf person's right to be accompanied by guide dog without extra charge, SDCL 20-13-23.2.

 

          44:77:02:03.  Cleaning methods and facilities. The facility shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, or disinfecting all work areas, equipment, utensils, and medical devices used by residents. Common use equipment shall be disinfected after each use.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(2).

          Law Implemented: SDCL 34-12-13(2).

 

          44:77:02:04.  Food service. An adult foster care home shall meet the safety and sanitation procedures for food service in §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive, in the Food Service Code. The facility shall have the space, equipment, supplies, and mechanical systems for efficient, safe, and sanitary food preparation. If an adult foster care home's food service is contracted out, the contractor shall be a licensed food service establishment that is inspected by a local, state, or federal agency.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(5) and (8).

          Law Implemented: SDCL 34-12-13(5) and (8).

 

          Note: Article 44:02, Lodging and Food Service, Administrative Rules of South Dakota, contains the Food Service Code and may be obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota 57501, telephone (605) 773-4935, for $4.14.

 

          44:77:02:05.  Nutrition requirements. A resident shall receive a minimum of three meals a day. Each meal shall include portions from each of the five basic food groups listed in the Myplate, "Dietary Guidelines for Americans," 2010, U.S. Department of Agriculture, or as otherwise prescribed by a physician, physician assistant, nurse practitioner, or qualified dietitian.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(8).

          Law Implemented: SDCL 34-12-13(8).

 

          Reference: Dietary Guidelines for Americans, 2010, United States Department of Agriculture. Copies may be viewed and printed free of charge at http//:www.dietaryguidelines.gov.

 

          44:77:02:06.  Food quality -- Storage. Food shall be free from spoilage and contamination and shall be safe for human consumption. Fluid milk and fluid milk products used or served shall be pasteurized. Unless its identity is unmistakable, a bulk food such as cooking oil, syrup, salt, sugar, or flour not stored in the product container or package in which it was obtained shall be stored in a container identifying the food by its common name.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(8).

          Law Implemented: SDCL 34-12-13(8).

 

          44:77:02:07.  Linen. The supply of bed linen and towels shall equal two times the licensed capacity. Each facility shall contract with commercial laundry services or the laundry service of another licensed health care facility for all common use linens if laundry services are not provided on the premises. The facility shall process laundry following the laundry equipment and cleaning agent recommendations. An adult foster care home providing laundry services shall have adequate space and equipment for the safe and effective operation of the laundry service.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1) and (4).

          Law Implemented: SDCL 34-12-13(1) and (4).

 

          44:77:02:08.  Plumbing. An adult foster care home's plumbing system shall be designed and installed in accordance with SDCL 36-25-15 and 36-25-15.1. Plumbing shall be sized, installed, and maintained to carry required quantities of water to required locations throughout the adult foster care home. Plumbing may not constitute a source of contamination of food equipment or utensils or create an unsanitary condition or nuisance.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          Cross-References:

          Standards adopted for plumbing -- Conformity to National Code, SDCL 36-25-15.

          Scope and objectives of plumbing standards and rules, SDCL 36-25-15.1.

 

          44:77:02:09.  Water supply. The facility's water supply shall be obtained from a public water system or, in its absence, from a supply approved by the Department of Agriculture and Natural Resources. Any private water supply shall have a water sample bacteriologically tested at least monthly. The volume of water shall be sufficient for the needs of the adult foster care home. The hot water system shall be capable of supplying the work and resident areas with water at the required temperatures. Maximum hot water temperatures at plumbing fixtures used by clients may not exceed 125 degrees Fahrenheit (52 degrees centigrade). The minimum temperature of hot water for resident use shall be at least 100 degrees Fahrenheit (38 degrees centigrade).

 

          Source: 42 SDR 51, effective October 13, 2015; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          44:77:02:10.  Occupant protection. Each facility shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to the occupants. The extent and complexity of occupant protection precautions is determined by the services offered and the physical needs of the residents admitted to the home. The home shall take at least the following precautions:

 

          (1)  Develop and implement a written and scheduled preventive maintenance program;

 

          (2)  Provide securely constructed and conveniently located grab bars in all toilet rooms and bathing areas used by residents;

 

          (3)  Provide grounded or double-insulated electrical equipment or protect the equipment with ground fault circuit interrupters. Ground fault circuit interrupters shall be provided in wet areas and for outlets within six feet of sinks;

 

          (4)  A portable space heater, portable halogen lamp, household-type electric blanket, or household-type heating pad may not be used in a home;

 

          (5)  A 2-A:10-B:C fire extinguisher shall be provided on each level;

 

          (6)  Any clothes dryer shall have a galvanized metal vent pipe for exhaust; and

 

          (7)  The storage and transfilling of oxygen cylinders or containers shall meet the requirements of the NFPA 99 Standard for Health Care Occupancies, 2012 Edition.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1) and (3).

          Law Implemented: SDCL 34-12-13(1) and (3).

 

          Reference: NFPA 99 Health Care Facilities, 2012 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone: 1-800-344-3555. Cost: $93.00.

 

          44:77:02:11.  Physical plant changes. A facility shall submit any proposed change by new construction, remodeling, or change of use of an area to the department. Any change shall have the approval of the department before it is made. A written narrative describing the intended use of the proposed construction shall accompany the plans and specifications.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1) and (3).

          Law Implemented: SDCL 34-12-13(1) and (3).

 

          44:77:02:12.  Insect and rodent control. An owner shall keep the home and premises free of rodents and insects. Any door or window used for outside ventilation shall have a screen.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

 

          44:77:02:13.  Location. The location of the facility shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. The home shall be served by good, passable roads. Easy accessibility for caregivers, visitors, and fire-fighting services shall be maintained.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1), (3), and (14).

          Law Implemented: SDCL 34-12-13(1), (3), and (14).

 

          44:77:02:14.  Physical requirements of adult foster care homes. A facility shall meet the following physical requirements:

 

          (1)  A minimum of 200 square feet of floor space shall be available to the resident. This floor space shall include an easily accessible bathroom and a dining area sufficient to accommodate the resident and the adult foster care home owner's family at one setting;

 

          (2)  Sufficient sleeping space to accommodate comfortably the resident in care as well as the adult foster care home owner's family;

 

          (3)  Each exit pathway shall remain free of obstacles that would prevent mobility or escape during fire or other emergency;

 

          (4)  Each space occupied by people within a building and their approaches shall have artificial lighting at a level for general safety. Each bedroom shall have general lighting and night lighting; and

 

          (5)  A smoke detector with an audible alarm shall be located on each level of the building. The alarm shall be audible above the maximum normal noise level of the house. Each smoke detector shall be tested monthly. Each smoke detector shall be cleaned and the battery changed at least annually.

 

          A resident may not reside in an attic. A resident may reside in a finished basement where the living quarters, heating plant, and utility room are completely and safely segregated by one hour fire-resistant construction. Each resident shall be made aware of escape procedures.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

 

          44:77:02:15.  Heating and cooling. The temperature in any occupied space in the facility shall be maintained between 68 and 80 degrees Fahrenheit (20 and 26.7 degrees Celsius) during waking hours and not lower than 64 degrees Fahrenheit (17.8 degrees Celsius) during sleeping hours. A resident's room may be maintained outside the required range if desired by the resident.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          44:77:02:16.  Reasonable accommodations. Accessible and usable accommodations shall be available to meet the needs of the resident with disabilities.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

 

          44:77:02:17.  Other hazardous conditions. A facility may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have the potential to cause injury or illness to any resident or caregiver.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1) and (14).

          Law Implemented: SDCL 34-12-13(1) and (14).

 

          44:77:03:01.  General fire safety. Each facility shall meet the applicable fire safety standards of One- and Two- Family Dwellings in the Life Safety Code in NFPA 101 Life Safety Code, 2000 edition. Each facility shall be constructed, arranged, equipped, maintained, and operated to avoid undue danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape from the structure in case of fire or other emergency. Compliance with this section does not eliminate or reduce the necessity for other provisions for safety of persons using the structure under normal occupancy conditions. A person shall be available to provide assistance if a resident is present.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          Reference: NFPA 101 Life Safety Code, 2000 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101. Phone: 1-800-344-3555. Cost: $ 93.00.

 

          44:77:03:02.  Evacuation plan - Fire drills. A facility shall have an evacuation plan. The home owner shall conduct and document a minimum of four fire drills each year.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          44:77:03:03.  Exits. There shall be two exits remote from each other on each level used for the care of a resident. Each of these exits shall provide unobstructed travel to the outside. One of these exits shall be a door or stairway leading to the outside of the building at ground level. The other exit may be a window if it meets the following requirements:

 

          (1)  It can be easily opened from the inside without the use of tools;

 

          (2)  It provides a clear opening with a minimum dimension of at least 20 inches in width by 24 inches in height, is at least five point seven square feet in area, with a sill at 44 inches, and provides a safe means of escape; and

 

          (3)  If a storm window, screen, or burglar guard is used, it has a quick-opening device which can be easily opened from the inside.

 

          A ladder, folding stairs, or trap door may not be the only access to a bedroom.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          44:77:03:04.  New construction. The provisions of this section apply to all newly licensed adult foster care homes and to any renovation, addition, and change in space use of currently approved existing homes.

 

          Each facility shall comply with NFPA 101 Life Safety Code, 2012 edition. Each facility shall meet the provisions of One- and Two- Family Dwellings in the Life Safety Code.

 

          An automatic sprinkler system is not required in adult foster care homes unless required by the local municipality issuing the building permit.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone: 1-800-344-3555. Cost: $93.00.

 

          44:77:03:05.  Ventilation. Electrically powered exhaust ventilation shall be provided in all newly constructed or renovated toilet rooms.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(3).

          Law Implemented: SDCL 34-12-13(3).

 

          44:77:04:01.  Owner. The facility owner is responsible for the daily overall operation of the home. The owner shall notify the department in writing of any change of ownership.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(5).

 

          44:77:04:02.  Presence of the adult foster care home owner. The facility owner shall be present according to the needs of the resident as documented in the resident evaluation. The facility owner may arrange for an alternative caregiver during an absence from the home. The alternative caregiver shall meet the criteria listed in § 44:77:01:05.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(5).

 

          44:77:04:03.  Caregivers. The facility shall have sufficient caregivers to provide effective and safe supervision, support, and care. The home may not knowingly employ any person with a conviction for abusing another person.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(5).

 

          44:77:04:04.  Caregiver training. Each facility shall have an orientation and ongoing education program for all caregivers. The education program shall include the following subjects:

 

          (1)  Fire prevention and response;

          (2)  Emergency procedures and preparedness;

          (3)  Infection control and prevention;

          (4)  Accident prevention and safety procedures;

          (5)  Residents rights;

          (6)  Confidentiality of resident information;

          (7)  Incidents subject to mandatory reporting and the home's reporting mechanisms; and

          (8)  Care of residents with special and unique needs.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(5).

 

          44:77:04:05.  Caregiver health. The facility may not allow anyone with a communicable disease, during the period of communicability, to work in a capacity that would allow spread of the disease. A caregiver with a reportable communicable disease that may endanger the health of a resident or fellow caregiver may not return to caregiving until the caregiver is determined by a physician or the physician's designee to no long have the disease in a communicable state.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1), (5), and (14).

          Law Implemented: SDCL 34-12-13(1), (5), and (14).

 

          Cross-Reference: Definition of terms, subdivisions 44:20:01:01(8) and (43).

 

          44:77:04:06.  Personal care and health supervision. The facility owner or a caregiver shall provide continuous care for the resident and shall be cooperative with the department in carrying out the plan for the resident. The facility owner or caregiver shall be available to assist the resident with personal care and health supervision.

 

          Source: 42 SDR 51, effective October 13, 2015.

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

          Law Implemented: SDCL 34-12-13(14).

 

          44:77:05:01.  Medication labeling, storage, and disposal. The requirements for medications in adult foster care homes include the following:

 

          (1)  Medications and biologicals kept in the facility shall be labeled with the drug name, strength, and expiration date;

 

          (2)  Medications shall be kept in a secure location or in residents' room to prevent unauthorized access;

 

          (3)  Medications requiring refrigeration may be stored in a refrigerator used for food storage if the drugs are stored in a sealed container and placed on the top rack or tray;

 

          (4)  Medications shall be self-administered only by residents or by qualified personnel or caregivers licensed or authorized to administer drugs; and

 

          (5)  Outdated or discontinued medication shall be properly destroyed or disposed.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(9).

          Law Implemented: SDCL 34-12-13(9).

 

          44:77:05:02.  Resident records. The facility shall maintain the confidentiality and safeguarding of resident records. A facility shall retain resident records for a minimum of ten years from the actual visit date of service or resident care. After the minimum retention period of ten years from discharge the resident record may be destroyed at the discretion of the facility. Before the destruction of the resident record, the facility shall prepare and retain a resident index or abstract that include the resident's name and date of birth. If a facility ceases operation, the facility shall provide for safe storage and prompt retrieval of resident records and the resident indexes. The facility may arrange storage or transfer of resident records with another licensed health care facility, or at the request of the resident, relinquish resident records to the resident or the resident's parent or legal guardian, or arrange storage of remaining medical records with a third party vendor who undertakes such a storage activity. At least 30 days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of resident records and their location and publish in a local newspaper the location and disposition arrangements of the resident records. If ownership of the facility is transferred, the new owner shall maintain the resident records as if there was not a change in ownership. The resident record shall include the following:

 

          (1)  Admission information including a list of medications, allergies, and diet;

 

          (2)  The name and contact information of the resident’s physician, physician assistant, or nurse;

 

          (3)  The name and contact information of the resident’s power of attorney or immediate family member;

 

          (4)  The resident evaluation form developed by the department upon admission, annually, or upon a significant change;

 

          (5)  Any reports of suspicion of abuse or neglect reported to the department;

 

          (6)  Disposition of medications upon outdate or disposed; and

 

          (7)  Discharge information including disposition of medications.

 

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(10).

          Law Implemented: SDCL 34-12-13(10).