CHAPTER 44:67:01
RULES OF GENERAL APPLICABILITY
Section
44:67:01:01 Definitions.
44:67:01:02 Application for license.
44:67:01:03 Expiration of licenses -- Annual renewal.
44:67:01:04 Departmental inspections.
44:67:01:05 Grounds for suspension or revocation of license.
44:67:01:06 Procedure for suspension or revocation of license.
44:67:01:07 New license issued after suspension or revocation.
44:67:01:08 Posting of license.
44:67:01:09 Annual license fee.
44:67:01:10 Appeal from department.
44:67:01:01. Definitions. Terms defined in SDCL 34-23A-1 have the same meaning in this article.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51.
44:67:01:02. Application for license. Any applicant
desiring a license or a license renewal shall file with the department an
application verified under oath and in a form prescribed by the department. The
application shall contain the following:
(1) The name and address of
the applicant and operator;
(2) If a firm or
corporation, the names and addresses of the principal officers; or if a
corporate body, the name of the state under whose laws the corporation is
organized;
(3) A description of the abortion
facility to include the address and whether the facility is owned, leased, or
subleased. A true copy of the lease or sublease shall be attached to the
application;
(4) A certification of
consent to allow inspections of the abortion facility by authorized department
inspectors upon presentation of identification during the hours of operation;
(5) Satisfactory evidence
of the applicant's ability to comply with the minimum standards of this
chapter; and
(6) Any other information
which the secretary of the department considers necessary.
The department shall issue a license
to the applicant if it is satisfied that the facts set forth in the application
are true and complete and in accordance with the provisions in SDCL chapter 34-23A and this chapter. The department may refuse to issue a license upon any of the grounds stated in this chapter. Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to SDCL chapter 1-26.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.
44:67:01:03. Expiration of licenses -- Annual renewal.
Any license issued under SDCL chapter 34-23A expires on the next succeeding June thirtieth, unless otherwise provided by this chapter, and shall be renewed annually subject to the provisions of this chapter.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-46, 34-23A-51.
Law
Implemented: SDCL 34-23A-46, 34-23A-51.
44:67:01:04. Departmental inspections. The department
shall, at least annually, make one inspection of each abortion facility
licensed under SDCL chapter 34-23A and this chapter to ascertain that the abortion facility is in compliance with the provisions of SDCL chapter 34-23A and this chapter. The inspection shall take place during business hours and shall be conducted by authorized representatives of the department after presentation of identification. If, prior to an inspection, the operator refuses to allow the inspection, no inspection shall be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to SDCL chapter 1-26 against the licensee.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-49, 34-23A-51.
44:67:01:05. Grounds for suspension or revocation of license.
The department may suspend or revoke a license issued under SDCL chapter 34-23A and this chapter on any of the following grounds:
(1) Violation of any of the
provisions of SDCL chapter 34-23A or this chapter;
(2) Permitting, aiding, or
abetting the commission of any unlawful act in the facility;
(3) Conduct of practices
detrimental to the welfare of the patient; and
(4) Failure to allow
department inspections, including complaint inspections and necessary follow-up
inspections.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.
44:67:01:06. Procedure for suspension or revocation of
license. No license shall be suspended or revoked except in compliance with
SDCL chapter 1-26.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.
44:67:01:07. New license issued after suspension or
revocation. If a license is suspended or revoked as provided in this
chapter, a new application for license may be considered by the department if
the conditions upon which suspension or revocation was based have been
corrected and evidence of this fact has been satisfactorily submitted to the
department. A new license may then be granted after proper inspection has been
made and all provisions of SDCL chapter 34-23A and this article have been complied with.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.
44:67:01:08. Posting of license. The most current license
issued by the department must be posted on the premises of the abortion
facility in a place conspicuous to the public. Each abortion facility address
shall show a current license. The license certificate remains the property of
the department.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-46, 34-23A-48, 34-23A-51.
44:67:01:09. Annual license fee. The annual license fee
for an abortion facility is $500.
Source:
33 SDR 107, effective December 26, 2006; 35 SDR 305, effective July 1, 2009.
General
Authority: SDCL 34-23A-48.
Law
Implemented: SDCL 34-23A-48.
44:67:01:10. Appeal from department. Any person aggrieved
by any decision or ruling of the department may appeal under the provisions of
SDCL chapter 1-26.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51.
CHAPTER 44:67:02
PHYSICAL ENVIRONMENT AND FIRE SAFETY
Section
44:67:02:01 Physical environment.
44:67:02:02 Fire standards and general fire safety.
44:67:02:01. Physical environment. Each abortion facility
shall comply with all applicable physical environment standards in chapter
44:04:02. No system of water supply, plumbing, sewage, and garbage or refuse
disposal for abortion facilities may be installed nor may any existing system
be materially altered or extended until complete plans and specifications for
the installation, alteration, or extension, together with information as the
department may require, have been submitted to and approved by the department.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(1),(3),(6),(9).
44:67:02:02. Fire standards and general fire safety. Each
abortion facility shall meet applicable fire safety standards in NFPA 101 Life Safety Code, 2000
edition.
Each abortion 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.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(1).
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, MA 02269-9101.
Phone: 1-800-344-3555. Cost: $69.50.
CHAPTER 44:67:03
MANAGEMENT AND ADMINISTRATION
Section
44:67:03:01 Governing body.
44:67:03:02 Administrator.
44:67:03:03 Medical director.
44:67:03:04 Facility staff.
44:67:03:05 Personnel.
44:67:03:01. Governing body. Each abortion facility
operated by limited liability partnership, a corporation, or political
subdivision must have an organized governing body legally responsible for the
overall conduct of the facility. If the abortion facility is operated by an
individual or partnership, the individual or partnership shall carry out the
functions in this article pertaining to the governing body. The governing body
shall establish and maintain administration policies, procedures, or bylaws governing
the operation of the abortion facility. The governing body shall review and
approve the credentials of physicians permitted to perform abortion procedures.
There shall be a system established to reevaluate credentials on a periodic
basis.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(2).
44:67:03:02. Administrator. The governing body shall
designate a qualified administrator to represent the owner or governing body
and to be responsible for the daily overall management of the abortion
facility. The administrator shall designate a qualified person to represent the
administrator during the administrator's absence. The governing body shall
notify the department in writing of any change of administrator.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(2).
44:67:03:03. Medical director. Each abortion facility
shall appoint a physician licensed in South Dakota to serve as a medical
director. The medical director shall assure physician services are provided
only by qualified caregivers.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(2).
44:67:03:04. Facility staff. An abortion facility shall
have a medical staff responsible for the quality of all medical care provided
patients and for the ethical and professional practices of its members. The
medical staff shall include physicians, but it may also include other
practitioners.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(2).
44:67:03:05. Personnel. The abortion facility shall have
a sufficient number of qualified personnel to provide effective and safe care.
Supervisors shall be 18 years of age or older. Written job descriptions and
personnel policies and procedures shall be made available to personnel of all
departments and services. The abortion facility may not knowingly employ any
person with a conviction for abusing another person. The abortion facility
shall establish and follow policies regarding special duty or staff members on
contract.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(2).
CHAPTER 44:67:04
FACILITY AND RELATED CARE SERVICES
Section
44:67:04:01 Nursing services.
44:67:04:02 Employee health program.
44:67:04:03 Tuberculin screening requirements.
44:67:04:04 Personnel training.
44:67:04:05 Clinic policies and procedures.
44:67:04:06 Discharge planning.
44:67:04:07 Emergency care.
44:67:04:08 Medical records.
44:67:04:09 Pharmaceutical services.
44:67:04:10 Quality assessment.
44:67:04:11 Laboratory services.
44:67:04:12 Required informed consent form.
44:67:04:13 Mifepristone and Misoprostol administration for medical abortion.
Appendix A Informed consent form.
DEPARTMENT OF HEALTH
ABORTION FACILITIES
INFORMED CONSENT FORM
Chapter 44:67:04
APPENDIX A
See: 44:67:04:12
Source: 46 SDR 65, effective November 26, 2019; 48 SDR 59, effective December 5, 2021.
This medication can be taken up to 9 weeks after conception. The woman is given Mifepristone to be taken by mouth. After a period of time in the doctor's office, she may return home. At 24 - 72 hours after this dose, the woman returns to receive the proper amount of misoprostol.
The client should then be watched closely by doctors and nurses for a few hours. The fetus, placenta and membranes are usually expelled during this time. The woman should return to the doctor's office on the 14th day after taking the medication to assure that there are no problems and that the fetus, placenta and membranes have been fully expelled.
On [date], at [time of day), I,
[signature of pregnant woman], certify that I read and I understand the above disclosures on this page.
Any clarifications, explanations, or answers to my questions were provided to me in writing to my satisfaction.
Page 3
Discontinuation of Drug Induced Abortion
Even after a pregnant mother takes Mifepristone, or another drug approved by the United States Food and Drug Administration for the same use, it is still possible to discontinue a drug- induced abortion by not taking the prescribed Misoprostol. Information is available on the Department of Health website http://doh.sd.gov/abortion/. For more specific information, please contact your physician or medical provider.
On [date], at [time of day), I,
[signature of pregnant woman], certify that I read and I understand the above disclosures on this page.
Any clarifications, explanations, or answers to my questions were provided to me in writing to my satisfaction.
Page 4
1-g) The statistically significant medical risk associated with carrying her child to term compared to undergoing an induced abortion ― In an otherwise healthy woman, carrying a baby to term is usually a safe, healthy process for the mother. Based on data from the CDC, the following are some common maternal health conditions or problems a woman may experience during pregnancy: anemia, urinary tract infections, depression, hypertension, diabetes, obesity, infections, and Hyperemesis Gravidarum (a severe form of nausea and vomiting in pregnancy). To compare those risks to the risks of abortion, please refer to 1-e above, which sets out the risk factors presented by abortion to the mother. In regards to the unborn child, the abortion will terminate the life of a whole, separate, unique living human being. On the other hand, although every pregnancy has some risk of problems, continuing a pregnancy and delivering a baby is usually a safe and healthy process for an otherwise healthy woman.
On [date], at [time of day), I,
[signature of pregnant woman], certify that I read and I understand the above disclosures on this page.
Any clarifications, explanations, or answers to my questions were provided to me in writing to my satisfaction.
Page 10
1-j) Sex-selective abortions. Sex-selective abortions are illegal in the State of South Dakota and you as a pregnant mother cannot have an abortion, either solely or partly, due to the unborn child's sex, regardless of whether that unborn child is a girl or a boy or whether it is of your free will as the pregnant mother, or the result of the use of pressure and coercion.
1-k) Sex Trafficking. The abortion facility is required to provide the name, text, and telephone number of an organization fighting to end sex trafficking. By signing this document, you understand help is available and you have been provided the information above on how and where to get help.
On [date], at [time of day), I,
[signature of pregnant woman], certify that I read and I understand the above disclosures in compliance with SDCL § 34-23A-10.1.
Any clarifications, explanations, or answers to my questions were provided to me in writing to my satisfaction.
44:67:04:01. Nursing services. Each abortion facility
shall have an organized nursing service under the direction of a registered
nurse. At least one registered nurse shall be on duty in the abortion facility
at all times when an abortion procedure patient is in the facility. Written
policies and procedures consistent with the standards of nursing practices
shall be developed for the direction and guidance of nursing personnel. All
licensed practical nurses and other nursing personnel involved in patient care
shall be under the direct supervision of a registered nurse.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(2).
44:67:04:02. Employee health program. The abortion
facility shall have an employee health program for the protection of the
patients. All personnel shall be evaluated by a licensed health professional
for freedom from reportable communicable disease which poses a threat to others
before assignment to duties or within 14 days after employment including an
assessment of previous vaccinations and tuberculin skin tests. 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. Personnel absent
from duty because of a reportable communicable disease which may endanger the
health of patients and fellow employees may not return to duty until they are
determined by a physician or the physician's designee to no longer have the
disease in a communicable stage.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(6).
Cross-Reference:
Definition of terms, § 44:20:01:01(7) and (39).
44:67:04:03. Tuberculin screening requirements. Each
abortion facility shall comply with the provisions of § 44:04:04:08.01.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(6).
44:67:04:04. Personnel training. The abortion facility
shall have a formal orientation program and an ongoing education program for
all personnel. Ongoing education programs shall cover the required subjects
annually. These programs 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) Patient rights;
(6) Confidentiality of
patient information;
(7) Incidents and diseases
subject to mandatory reporting and the facility's
reporting mechanisms;
(8) Care of patients with
unique needs; and
(9) Clinic policies and
procedures.
Personnel whom the abortion facility
determines will have no contact with patients are exempt from training required
by subdivisions (5) and (8) of this section.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(1),(2),(6),(8),(9),(11).
44:67:04:05. Clinic policies and procedures. Each
abortion facility shall establish and maintain policies, procedures, and
practices to govern care, and related medical or other services necessary to
meet the patient's needs. The nursing service of an abortion clinic shall
provide safe and effective care through the ongoing assessment and monitoring
for each patient, including medical, physical, mental, and emotional needs. The
abortion facility shall establish and implement procedures for assessment and management
of symptoms including pain.
Policies and procedures must include:
(1) Patient eligibility
criteria;
(2) Physician competency
criteria;
(3) Patient education and
informed consent;
(4) Clinic operational
functions;
(5) Patient care, including
criteria for monitoring and assessment during recovery; care during the
recovery phase; and criteria for discharge;
(6) Patient rights
policies; and
(7) Emergency and disaster
plans.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(3),(10),(11).
44:67:04:06. Discharge planning. Each abortion facility
shall have policies and procedures for discharge planning including the person
responsible, members of the discharge planning team, a list of area agencies
and resources, and a description of the process. Patients shall be offered
assistance to obtain needed services upon discharge.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(10).
44:67:04:07. Emergency care. Each abortion facility shall
establish and implement policies and procedures for emergency care and arrange
for transport to a licensed hospital sufficiently close to provide prompt care
to the facility's patients if needed. The policies and procedures must provide
for an interchange of medical and other information necessary or useful in the
care and treatment of individuals transferred between the facilities.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(3).
44:67:04:08. Medical records. A medical record shall be
maintained for each abortion procedure in an abortion facility in conformance
with chapter 44:04:09.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(4).
44:67:04:09. Pharmaceutical services. The requirements
for pharmaceutical services in abortion facilities centers are as follows:
(1) A physician or a
pharmacist shall be responsible for the supervision of drug stocks in the
facility;
(2) Records shall be kept
of stock supplies of all drugs and shall give an accounting for all items
purchased and dispensed;
(3) Policies and procedures
on drug handling, storing, labeling, and dispensing shall be in writing and
available to personnel; and
(4) All drugs in the
facility shall be labeled with drug name, strength, and expiration date and
shall be stored in specially designated, well illuminated cabinets, closets, or
storerooms. Drug cabinets shall be accessible only to the nurse in charge, the
physician, or the pharmacist. All drugs controlled pursuant to SDCL chapter 34-20B shall be kept in a securely locked box, accessible only to the nurse in charge, physician, or the pharmacist.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(7).
44:67:04:10. Quality assessment. Each abortion facility
shall provide for on-going evaluation of the quality of services provided to
patients. Components of the quality assessment evaluation shall include
establishment of facility standards; interdisciplinary review of patient
services to identify deviations from the standards and actions taken to correct
deviations; patient satisfaction surveys; utilization of services provided; and
documentation of the evaluation and report to the governing body.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(8),(10).
44:67:04:11. Laboratory services. Clinical laboratory
tests consistent with the needs of the patients shall be provided or performed
by arrangement. The laboratory shall hold a valid Clinical Laboratory
Improvement Amendment (CLIA) certificate and comply with CLIA regulations if
testing is done onsite. Laboratory tests required on each patient shall be
determined by the medical staff and bylaws. The original laboratory report
shall be made a part of the patient's medical records. Fire and safety precautions
shall be enforced to protect against physical, chemical, and biological hazards
peculiar to the laboratory.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(9).
Note:
CLIA applications are obtained from the South Dakota Department of Health,
Office of Licensure and Certification, 615 East 4th Street, Pierre,
SD 57501. Telephone: (605) 773-3356 or www.hhs/cms/clia.
44:67:04:12. Required informed consent form. To meet the requirements of SDCL subdivision 34-23A-10.1(1), the physician shall use the informed consent form provided in Appendix A.
Source: 46 SDR 65, effective November 26, 2019.
General Authority: SDCL 34-23A-10.5.
Law Implemented: SDCL 34-23A-10.1(1), 34-23A-10.5.
44:67:04:13. Mifepristone and Misoprostol administration for medical abortion. For the purpose of inducing a medical abortion, a pregnant woman may only take the medications Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and Misoprostol must be prescribed and dispensed by a licensed physician in a licensed abortion facility consistent with SDCL chapter 34-23A and in compliance with the applicable requirements in SDCL chapter 36-4. A pregnant woman may only take Mifepristone at a licensed abortion facility and only after informed consent has been obtained pursuant to SDCL 34-23A-l0.1 and consistent with SDCL 34-23A-56. Before dispensing Mifepristone. a physician shall provide the notice required by SDCL 34-23Al0.l(l)(h) and 34-23A-l0.1(3) ensuring that the pregnant woman has notice that if she changes her mind about the medical abortion and decides to carry the baby to term, it is possible to reverse the effects of Mifepristone. After taking Mifepristone and undergoing an observation period in the abortion facility, the pregnant woman may return home. Between 24-72 hours after taking Mifepristone, if the pregnant woman decides to continue with the medical abortion, the pregnant woman must return to the licensed abortion facility to receive the proper amount of Misoprostol. A licensed physician shall dispense the Misoprostol to the pregnant woman in the same manner as required for Mifepristone under this section. Neither Mifepristone nor Misoprostol may be dispensed for the purpose of inducing a medical abortion in any manner contrary to this section. The abortion facility staff shall monitor the pregnant woman for complications for a medically necessary period following each administration of the abortion-inducing medications and report the following information to the Department of Health:
(1) Any complication that requires medical follow-up;
(2) The medical follow-up that was required resulting from any complication;
(3) The facility where the medical follow-up was performed; and
(4) If the pregnant woman was sex trafficked.
The abortion facility staff shall schedule a follow-up appointment with the pregnant woman to return to the abortion facility on the 14th day after taking the medication to confirm that the fetus, placenta, and membranes have been fully expelled.
For the purposes of this section, the term, medical abortion, means a procedure that uses medication to end a pregnancy.
Source: 48 SDR 75, effective January 27, 2022.
General Authority: SDCL 34-23A-51(7)(10)(11).
Law Implemented: SDCL 34-23A-10.1(3), 34-23A-19, 34-23A-56.
CHAPTER 44:67:05
CONSTRUCTION STANDARDS
Section
44:67:05:01 Submittal of plans.
44:67:05:02 Procedure rooms and services.
44:67:05:03 Recovery rooms and services.
44:67:05:01. Submittal of plans. No construction may
begin until plans and specifications covering the construction of new buildings
and additions or material alterations to existing buildings are approved by the
department. A written narrative describing the intended use of the proposed
construction must accompany the plans and specifications.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(1),(3),(5),(9).
44:67:05:02. Procedure rooms and services. Each abortion
facility shall be designed and equipped for the types of abortion procedures to
be performed.
Procedure rooms shall meet the
following requirements:
(1) A minimum area of 115
square feet (10.8 square meters);
(2) Equipped with a vinyl
floor surface;
(3) A work station and
handwashing sink. Handwashing facilities must be equipped with hands-free
controls and have a water supply spout mounted so that the discharge is a
minimum five inches above the rim of the fixture;
(4) Adequate lighting with
protective covers to prevent lamps from shattering; and
(5) Battery operated
emergency lighting.
Procedure services shall include:
(1) Provisions for
immediate post-procedure care; and
(2) Emergency drugs and
supplies specified by the medical staff.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(5).
44:67:05:03. Recovery rooms and services. Each abortion
facility shall be designed and equipped for the types of abortion procedures to
be performed.
Recovery rooms shall meet the
following requirements:
(1) A minimum area of 45
square feet in each recovery station;
(2) Privacy curtains
surrounding each recovery station;
(3) A work station and
handwashing sink. Handwashing facilities shall be equipped with hand-free
controls and have a water supply spout mounted so that the discharge is a
minimum of five inches above the rim of the fixture;
(4) Adequate lighting with
protective covers to prevent lamps from shattering;
(5) An emergency call
system to summon staff; and
(6) Battery operated
emergency lighting.
Recovery services shall include:
(1) Provisions for
immediate post-procedure care; and
(2) Emergency drugs and
supplies specified by the medical staff.
Source:
33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 34-23A-51.
Law
Implemented: SDCL 34-23A-51(5).