44:69:04:01.  Governing body. Each birth center operated by limited liability partnership, a corporation, or political subdivision shall have an organized governing body legally responsible for the overall conduct of the birth center. If the birth center 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 birth center. The governing body shall review and approve the credentials of physicians and certified nurse midwives permitted to attend births. There shall be a system established to reevaluate credentials every two years.

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

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

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

          44:69:04:02.  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 birth center. The governing body shall notify the department in writing of any change of administrator.

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

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

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

          44:69:04:03.  Personnel. The birth center shall have a sufficient number of qualified personnel to provide effective and safe care. Staff members on duty shall be awake at all times. Any supervisor 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 birth center shall not knowingly employ any person with a conviction for abusing another person. The birth center shall establish and follow policies regarding special duty or staff members on contract.

          Any staff and any consultant or volunteer providing services under the auspices of the birth center who is required by state law to be licensed, registered, or certified shall have a valid license, registration, or certificate. A copy of the license, registration, or certificate shall be on file with the birth center. At least one staff member on duty during active labor shall be certified in adult and neonatal CPR.

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

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

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

          44:69:04:04.  Personnel training. A birth center with three or more beds 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)  Client rights;

          (6)  Confidentiality of client information;

          (7)  Incidents and diseases subject to mandatory reporting and the birth center's reporting mechanisms;

          (8)  Care of clients with unique needs; and

          (9)  Clinic policies and procedures.

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

          General Authority: SDCL 34-12-62(2) and (9).

          Law Implemented: SDCL 34-12-62(2) and (9).

          44:69:04:05.  Personnel policies and procedures. A birth center with three or more beds shall have written policies and procedures that include the following:

          (1)  Operational practices that define the services of the birth center;

          (2)  Written job descriptions for each position in the birth center including the title, authority, specific responsibilities, and minimum qualifications. Each employee shall be provided a copy of his or her job description;

          (3)  All staff shall be informed of, and have access to, the written policies; and

          (4)  Personnel records shall be maintained for each person employed in the birth center that include:

               (a)  An employment application;

               (b)  Verification of references, licenses, certifications, or credentials;

               (c)  Incident and accident reports; and

               (d)  Results of medical examinations required as part of employment.

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

          General Authority: SDCL 34-12-62(2) and (9).

          Law Implemented: SDCL 34-12-62(2) and (9).

          44:69:04:06.  Employee health program. The birth center shall have an employee health program for the protection of the clients. All personnel shall be evaluated by an appropriate 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 birth center 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 that may endanger the health of clients and fellow employees may not return to duty until they are determined by a physician or the physician's designee to no long have the disease in a communicable state.

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

          General Authority: SDCL 34-12-62(7).

          Law Implemented: SDCL 34-12-62(7).

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

          44:69:04:07.  Admissions to birth center. The governing body or owner of the birth center shall establish and maintain admission, transfer, and discharge policies, with written evidence to assure the clients admitted to and retained in the birth center are within the licensure classification of the birth center. The birth center may admit and retain, on the orders of a physician or certified nurse midwife, only those clients for whom it can provide care safely and effectively. Before admission of a client, the physician or certified nurse midwife shall complete and document an assessment of a potential client prior to accepting the client for admission and shall only admit a client that has been assessed to have a low-risk pregnancy in accordance with § 44:69:05:05. A birth center client shall be continually assessed to identify if her condition deviates from a low-risk pregnancy at any time during the pregnancy, delivery, or postpartum period. The birth center shall refer or transfer the client to a physician or hospital when the client's pregnancy deviates from the status of low-risk pregnancy.

          The birth center practitioner shall document information regarding current medical findings, admitting diagnoses, and written orders for the immediate care of the client.

          The client's history and physical examination shall be completed upon admission or no more than 24 hours after admission; or within thirty days prior to admission with documentation of an update of the client's current medical status completed upon admission. The client's history and physical examination shall be completed prior to delivery except in emergency situations, a client's transfer, and the client's discharge. A history and physical examination of the newborn infant shall be completed upon birth and prior to discharge.

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

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

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

          44:69:04:08.  Discharge planning. Each birth center shall have policies and procedures for discharge planning.

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

          General Authority: SDCL 34-12-62(10).

          Law Implemented: SDCL 34-12-62(10).

          44:69:04:09.  Quality assessment. Each birth center shall provide for on-going evaluation of the quality of services provided to clients.

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

          General Authority: SDCL 34-12-62(9).

          Law Implemented: SDCL 34-12-62(9).