44:77:05:01.  Medication labeling, storage, and disposal. The requirements for medications in adult foster care homes include the following:

          (1)  Medications and biologicals kept in the facility shall be labeled with the drug name, strength, and expiration date;

          (2)  Medications shall be kept in a secure location or in residents' room to prevent unauthorized access;

          (3)  Medications requiring refrigeration may be stored in a refrigerator used for food storage if the drugs are stored in a sealed container and placed on the top rack or tray;

          (4)  Medications shall be self-administered only by residents or by qualified personnel or caregivers licensed or authorized to administer drugs; and

          (5)  Outdated or discontinued medication shall be properly destroyed or disposed.

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

          General Authority: SDCL 34-12-13(9).

          Law Implemented: SDCL 34-12-13(9).

          44:77:05:02.  Resident records. The facility shall maintain the confidentiality and safeguarding of resident records. A facility shall retain resident records for a minimum of ten years from the actual visit date of service or resident care. After the minimum retention period of ten years from discharge the resident record may be destroyed at the discretion of the facility. Before the destruction of the resident record, the facility shall prepare and retain a resident index or abstract that include the resident's name and date of birth. If a facility ceases operation, the facility shall provide for safe storage and prompt retrieval of resident records and the resident indexes. The facility may arrange storage or transfer of resident records with another licensed health care facility, or at the request of the resident, relinquish resident records to the resident or the resident's parent or legal guardian, or arrange storage of remaining medical records with a third party vendor who undertakes such a storage activity. At least 30 days before closure, the facility shall notify the department in writing indicating the provisions for the safe preservation of resident records and their location and publish in a local newspaper the location and disposition arrangements of the resident records. If ownership of the facility is transferred, the new owner shall maintain the resident records as if there was not a change in ownership. The resident record shall include the following:

          (1)  Admission information including a list of medications, allergies, and diet;

          (2)  The name and contact information of the resident’s physician, physician assistant, or nurse;

          (3)  The name and contact information of the resident’s power of attorney or immediate family member;

          (4)  The resident evaluation form developed by the department upon admission, annually, or upon a significant change;

          (5)  Any reports of suspicion of abuse or neglect reported to the department;

          (6)  Disposition of medications upon outdate or disposed; and

          (7)  Discharge information including disposition of medications.

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

          General Authority: SDCL 34-12-13(10).

          Law Implemented: SDCL 34-12-13(10).