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).