44:69:01:01.  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 gestures, or engaging in other acts made to or directed at a patient or resident;

 

          (2)  "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established by this article;

 

          (3)  "Administrator," a person appointed by the owner or governing body of a birth center who is responsible for managing the birth center and who maintains an office on the premises of the birth center;

 

          (4)  "Birth center," any health care facility licensed under this article at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth;

 

          (5)  "Certified nurse midwife," a provider duly authorized under this chapter to practice the nursing specialty of nurse midwifery as defined in SDCL 36-9A-1;

 

          (6)  "Client," a woman who is scheduled to give birth at a birth center and the newborn of that birth;

 

          (7)  "Client advocates," agencies 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;

 

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

 

          (9)  "Dietary manager," a person who is a dietitian, a graduate of an accredited dietetic technician or dietetic manager training program, a graduate of a course that provides 120 or more hours of classroom instruction in food service supervision, or a certified dietary manager recognized by the National Certifying Board of Dietary Managers and who functions with consultation from a dietitian;

 

          (10)  "Dietitian," a person who is registered with the Commission on Dietetic Registration of the American Dietetic Association and holds a current license to practice in South Dakota pursuant to SDCL chapter 36-10B;

 

          (11)  "Distinct part," an identifiable unit, such as an entire ward or contiguous wards, wing, floor, or building, which is licensed at a specific level. The term includes all beds and related facilities in the unit;

 

          (12)  "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;

 

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

 

          (14)  "Facility," the place of business used to provide health care for clients;

 

          (15)  "Governing body,"  an organized body of persons that is ultimately responsible for the quality of care in a health care facility, credentialing of and granting privileges to the medical staff, maintaining the financial viability of the facility, and formulating institutional policy;

 

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

 

          (17)  "Legend drug," any drug that requires the label bearing the statement "Caution: Federal law prohibits dispensing without prescription";

 

          (18)  "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;

 

          (19)  "Nurse," a registered nurse or a licensed practical nurse who holds a current license to practice in South Dakota pursuant to SDCL chapter 36-9;

 

          (20)  "Nurse aide," a person providing nursing or nursing-related services who is not a licensed health care worker, or someone who volunteers to provide such services without pay;

 

          (21)  "Nurse practitioner," a provider duly authorized under this chapter to practice the specialty of nurse practitioner as defined in SDCL 36-9A-1;

 

          (22)  "Nursing personnel," staff which includes registered nurses, licensed practical nurses, certified nurse midwife, nurse aides, restorative aides, and orderlies;

 

          (23)  "Nursing unit," a client unit that is limited to one floor of a birth center and has all client room entrances and exits within sight or control of nursing personnel;

 

          (24)  "Pharmacist," a person registered to practice pharmacy pursuant to SDCL chapter 36-11;

 

          (25)  "Physician," a person who is licensed or approved to practice medicine pursuant to SDCL chapter 36-4;

 

          (26)  "Practitioner," a person who is:

 

               (a)  Licensed or approved to practice medicine pursuant to SDCL chapter 36-4; or

               (b)  Licensed to practice nurse midwifery pursuant to SDCL chapter 36-9A;

 

          (27)  "Practitioner staff," an organized staff composed of practitioners that operates under bylaws approved by the governing body and which is responsible for reviewing the qualifications of practitioners applying for clinical privileges and for the provision of medical care to clients in a birth center;

 

          (28)  "Qualified personnel," persons with the specific education, license, and training to provide the health service for which they are employed;

 

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

 

          (30)  "Self-administration of medications," the removal of the correct dosage from the pharmaceutical container and self-injecting, -ingesting, or -applying the medication with no assistance or with assistance from qualified personnel of the birth center for the correct dosage or frequency;

 

          (31)  "Social worker," a person who is licensed pursuant to SDCL chapter 36-26;

 

          (32)  "Therapeutic diet," any diet other than a regular diet that is ordered by a physician 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; and

 

          (33)  "Transfer or discharge," the movement of a client to a bed outside the distinct part or outside the birth center.

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62.

          Law Implemented: SDCL 34-12-7, 34-12-62.

 

          44:69:01:02.  Name of birth center. Each birth center 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 birth center 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: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62.

          Law Implemented: SDCL 34-12-5, 34-12-7, 34-12-62.

 

          44:69:01:03.  Bed capacity. The department shall establish the bed capacity of each birth center pursuant to the physical plant and space provisions of this article. Where indicated, additional regulations specific to birth centers with three or more beds apply. The client census may not exceed the bed capacity for which the birth center is licensed. A request by the birth center 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: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62.

          Law Implemented: SDCL 34-12-5, 34-12-7, 34-12-62.

 

          44:69:01:04.  Restrictions on acceptance of clients. A birth center shall accept clients in accordance with the following restrictions:

 

          (1)  A client admitted to a birth center shall be housed within the birth center covered by the license;

 

          (2)  A licensed birth center may not accept or retain clients who require care in excess of the classification for which it is licensed; and

 

          (3)  Personnel essential to maintaining adequate staff may not leave a licensed birth center during their tour of duty in the birth center to provide services to persons who are not clients of the birth center with the exception of providing emergency care on premises contiguous to the birth center's property.

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(12).

          Law Implemented: SDCL 34-12-62(12).

 

          44:69:01:05.  Joint occupancy. The use of a portion of a building for purposes 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 clients. The area shall be open to inspection by the department.

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).

 

          44:69:01:06.  Reports. Each licensed birth center shall submit to the department the pertinent data necessary to comply with the requirements of SDCL chapter 34-12 and this article.

 

          Each birth center shall report to the department within 48 hours of the event any death on birth center property and any allegation of abuse or neglect of any client by any person.

 

          Each birth center shall also report to the department as soon as possible any fire with structural damage or where injury or death occurs; any partial or complete evacuation of the birth center 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 birth center for more than 24 hours,

 

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

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1) and (4).

          Law Implemented: SDCL 34-12-62(1) and (4).

 

          44:69:01:07.  Plans of correction. Within 15 days of the receipt of the statement of deficiencies, each birth center shall submit to the department a written plan of correction for citations 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 birth center to attain or maintain compliance with SDCL chapter 34-12 and this article.

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62.

          Law Implemented: SDCL 34-12-62.

 

          44:69:01:08.  Modifications. Modifications to the staffing requirements provided in § 44:69:03:02 may be approved by the department for licensed birth centers which are physically combined and jointly operated. The health and safety of the client in either birth center may not be jeopardized.

 

          Modifications specified by this section may be requested by the birth center. If the department approves the modifications, the approval shall be in writing. The approval letter shall specify the modifications permitted and any limitations pertaining to the modifications.

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).

 

          44:69:01:09.  Scope of article. Nothing in article 44:69 limits or expands the rights of any healthcare worker to provide services within the scope of the professional's license, certification, or registration, as provided by South Dakota law.

 

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(2).

          Law Implemented: SDCL 34-12-62(2).