CHAPTER 44:73:07

DIETETIC SERVICES

Section

44:73:07:01        Repealed.

44:73:07:01.01    Dietetic services.

44:73:07:02        Food safety.

44:73:07:03        Nutritional adequacy.

44:73:07:04        Food substitutions.

44:73:07:05        Food supply.

44:73:07:06        Therapeutic diets.

44:73:07:07        Social needs and dining arrangements.

44:73:07:08        Written dietetic policies.

44:73:07:09        Written menus.

44:73:07:10        Repealed.

44:73:07:10.01    Repealed.

44:73:07:11        Director of dietetic services.

44:73:07:11.01    Repealed.

44:73:07:12        Diet manual.

44:73:07:13        Frequency of meals.

44:73:07:14        Dining arrangements, Repealed.

44:73:07:15        Nutritional assessments.

44:73:07:16        Required dietary inservice training.

44:73:07:17        Dining assistance program.

    44:73:07:02.  Food safety. Hot food must be held at or above one hundred thirty-five degrees Fahrenheit, or 57.2 degrees centigrade, and served promptly after being removed from the temperature holding device. Cold foods must be held at or below forty-one degrees Fahrenheit, or five degrees centigrade, and served promptly after being removed from the holding device. Milk and milk products must be from a source approved by the Department of Agriculture and Natural Resources. Fluid milk must be Grade A, and only fluid milk may be used for drinking purposes. Grade A pasteurized dried milk may be used to fortify nutritional supplements only if consumed within four hours of preparation.

    Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:07:02.01, 42 SDR 51, effective October 13, 2015; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021; 51 SDR 53, effective November 11, 2024.

    General Authority: SDCL 34-12-13.

    Law Implemented: SDCL 34-12-13.

    Cross-Reference: Food service code, chapter 44:02:07.

    44:73:07:03.  Nutritional adequacy. The dietetic service of the facility shall prepare food that is nutritionally adequate in accordance with the Recommended Dietary Allowances and is chosen from each of the five basic food groups listed in the Dietary Guidelines for Americans, 2020-2025, in accordance with consideration for individual needs and reasonable preferences.

    Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective January 30, 2006; transferred from § 44:04:07:02.02, 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.

    Reference: Dietary Guidelines for Americans, 2020-2025, United States Department of Agriculture. Copies may be obtained at no cost at https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf

    44:73:07:05.  Food supply. The facility shall maintain an on-site supply of perishable and nonperishable foods to meet planned menus for three days. A facility shall maintain an additional supply of nonperishable foods as part of the facility's emergency preparedness plan. A facility may use military meals ready to eat and dried milk in an emergency event according to the facility's emergency response plan.

    Source: 22 SDR 70, effective November 19, 1995; transferred from §44:04:07:02.04, 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.

    44:73:07:06.  Therapeutic diets. The dietetic service of the facility shall provide for the needs of those residents requiring therapeutic diets.

    Source: 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:02.05, 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.

    44:73:07:07.  Social needs and dining arrangements. The dietetic service of the facility, in cooperation with other departments or services, shall meet the social and environmental needs of each resident to encourage eating in the common dining area. The dietetic service shall provide mutually compatible seating arrangements, a pleasant dining atmosphere, encouragement of interactions between residents, and food service to all residents at a table at approximately the same time. The facility shall provide assistance for residents in need of help in eating.

    Source: 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:02.06, 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.

    44:73:07:08.  Written dietetic policies. The facility shall have written policies and procedures that govern all dietetic activities. Policies and procedures must include food handling procedures and lengths of duration for leftovers and opened packages of commercially prepared food in accordance with chapter 44:02:07. The facility shall review the policies and procedures yearly and revise as necessary.

    Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:07:03, 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.

    Cross Reference: Food service code, chapter 44:02:07.

    44:73:07:09.  Written menus. Any regular and therapeutic menu, including therapeutic diet menu extensions for all diets served in the facility, must be written, prepared, and served as ordered by each resident's physician, physician assistant, nurse practitioner, or authorized dietitian. Each menu must be written at least one week in advance. A dietitian shall annually approve, sign, and date each planned menu for the facility. The dietitian shall review any menu changes from month to month. Each menu as served must meet the nutritional needs of the resident in accordance with the orders of a physician, physician assistant, nurse practitioner, or dietitian and the Dietary Guidelines for Americans, 2020-2025. The facility shall file and retain a record of each menu as served for thirty days.

    Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:07:08, 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:04, 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.

    Reference: Dietary Guidelines for Americans, 2020-2025, United States Department of Agriculture. Copies may be obtained at no cost at https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf.

    44:73:07:11.  Director of dietetic services. A facility shall have a full-time dietary manager who is responsible to the administrator and who shall direct the dietetic services.

    The dietary manager must:

    (1)  Be a certified dietary manager;

    (2)  Be a certified food service manager;

    (3)  Have a similar national certification for food service management and safety from a national certifying body; or

    (4)  Have an associate's or higher degree in food service management or hospitality from an accredited institution of higher learning that has a course of study in food service or restaurant management.

    Any dietary manager who does not must enroll, within ninety days of the dietary manager's hire date, in programming necessary to achieve one of the qualifications, and achieve the qualifications within eighteen months of hire. The dietary manager and at least one cook shall possess a current certificate from a ServSafe Manager Food Protection Program offered by various retailers, the Certified Food Protection Professional's Sanitation Course offered by the Association of Nutrition and Foodservice Professionals, or an equivalent training program as determined by the department. Individuals seeking ServSafe recertification are only required to take the national examination.

    The dietary manager shall monitor the dietetic service to ensure that the nutritional and therapeutic dietary needs for each resident are met. If the dietary manager is not a dietitian, the facility must schedule dietitian consultations onsite at least monthly. The dietitian shall approve each menu, assess the nutritional status of each resident with problems identified in the assessment, and review and revise dietetic policies and procedures during scheduled visits.

    The facility shall have sufficient personnel to meet the dietetic needs of the residents and provide dietetic services for a minimum of twelve hours each day.

    Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:07:07, 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.

    44:73:07:12.  Diet manual. A facility shall have a therapeutic diet manual that has been updated within the last five years with a description of each diet served in the facility readily available to all food service personnel, nursing service personnel, and practitioners.

    Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from § 44:04:07:09, 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.

    44:73:07:13.  Frequency of meals. A facility shall service at least three meals daily at regular times with not more than a fourteen-hour span between a substantial evening meal and the next day's breakfast. If a facility serves a nourishing snack at bedtime, up to sixteen hours may elapse between the substantial evening meal and the next day's breakfast with the consent of the facility's resident council.

    Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:07:11, 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.

    44:73:07:14.  Dining arrangements. Repealed.

    Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; transferred from 44:04:07:12, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.

    44:73:07:15.  Nutritional assessments. A registered dietitian shall ensure a nutritional assessment is completed on each resident:

    (1)  Upon admission;

    (2)  With a significant change in diet, eating ability, or nutritional status;

    (3)  Receiving tube feedings; and

    (4)  With a disease or condition that puts the resident at significant nutritional risk.

    A monthly tube feeding assessment must include nutritional adequacy of calories, protein, and fluids.

    An annual nutrition assessment must be completed for each resident.

    Source: 26 SDR 96, effective January 23, 2000; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:07:14, 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.

    44:73:07:16.  Required dietary inservice training. The dietary manager or the dietitian shall provide ongoing inservice training for all personnel providing dietary and food-handling services. Training must be completed within thirty days of hire and annually for all dietary or food-handling personnel. The training must include the following subjects:

    (1)  Food safety;

    (2)  Handwashing;

    (3)  Food handling and preparation techniques;

    (4)  Food-borne illnesses;

    (5)  Serving and distribution procedures;

    (6)  Leftover food handling policies;

    (7)  Time and temperature controls for food preparation and service;

    (8)  Nutrition and hydration; and

    (9)  Sanitation requirements.

    Source: 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:07:16, 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.

    44:73:07:17.  Dining assistance program. A facility may develop a program to train dining assistants. The program must be approved by the department. To be approved by the department, the program must include instruction from a speech-language pathologist and registered dietitian and consist of ten hours of training and clinical experience.

    Source: 31 SDR 62, effective November 7, 2004; 32 SDR 128, effective January 30, 2006;; transferred from § 44:04:07:17, 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.