44:77:04:01.  Owner. The facility owner is responsible for the daily overall operation of the home. The owner shall notify the department in writing of any change of ownership.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(5).

          Law Implemented: SDCL 34-12-13(5).

          44:77:04:02.  Presence of the adult foster care home owner. The facility owner shall be present according to the needs of the resident as documented in the resident evaluation. The facility owner may arrange for an alternative caregiver during an absence from the home. The alternative caregiver shall meet the criteria listed in § 44:77:01:05.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(5).

          Law Implemented: SDCL 34-12-13(5).

          44:77:04:03.  Caregivers. The facility shall have sufficient caregivers to provide effective and safe supervision, support, and care. The home may not knowingly employ any person with a conviction for abusing another person.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(5).

          Law Implemented: SDCL 34-12-13(5).

          44:77:04:04.  Caregiver training. Each facility shall have an orientation and ongoing education program for all caregivers. The education program 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)  Residents rights;

          (6)  Confidentiality of resident information;

          (7)  Incidents subject to mandatory reporting and the home's reporting mechanisms; and

          (8)  Care of residents with special and unique needs.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(5).

          Law Implemented: SDCL 34-12-13(5).

          44:77:04:05.  Caregiver health. 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. A caregiver with a reportable communicable disease that may endanger the health of a resident or fellow caregiver may not return to caregiving until the caregiver is determined by a physician or the physician's designee to no long have the disease in a communicable state.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(1), (5), and (14).

          Law Implemented: SDCL 34-12-13(1), (5), and (14).

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

          44:77:04:06.  Personal care and health supervision. The facility owner or a caregiver shall provide continuous care for the resident and shall be cooperative with the department in carrying out the plan for the resident. The facility owner or caregiver shall be available to assist the resident with personal care and health supervision.

          Source: 42 SDR 51, effective October 13, 2015.

          General Authority: SDCL 34-12-13(14).

          Law Implemented: SDCL 34-12-13(14).