44:79:04:01.  Governing body. Each facility operated by limited liability partnership, a corporation, or political subdivision shall have an organized governing body legally responsible for the overall conduct of the facility. If the facility is operated by an individual or partnership, the individual or partnership shall carry out the functions in this chapter pertaining to the governing body. The governing body shall establish and maintain administration policies, procedures, or bylaws governing the operation of the facility.

 

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

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

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

 

          44:79:04:02.  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 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: 42 SDR 51, effective October 13, 2015.

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

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

 

          44:79:04:03.  Personnel. The hospice shall have a sufficient number of qualified personnel to provide effective and safe care. Written job descriptions and personnel policies and procedures shall be made available to personnel of all departments and services. The hospice may not knowingly employ any person with a conviction for abusing another person. The hospice shall establish and follow policies regarding special duty or staff members on contract.

 

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

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

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

 

          44:79:04:04.  Personnel training. The hospice 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. The hospice shall conduct fire drills quarterly for each shift to train all staff. Silent or code announcement drills may be conducted;

 

          (2)  Emergency procedures and preparedness;

 

          (3)  Infection control and prevention;

 

          (4)  Accident prevention and safety procedures;

 

          (5)  Proper use of restraints;

 

          (6)  Patient rights;

 

          (7)  Hospice philosophy and death & dying;

 

          (8)  Confidentiality of patient information;

 

          (9)  Incidents and diseases subject to mandatory reporting and the hospices reporting mechanisms;

 

          (10)  Care of patients with special or unique needs; and

 

          (11)  Dining assistance, nutritional risks, and hydration needs of patients.

 

          Any personnel whom the hospice determines will have no contact with patients are exempt from training required by subdivisions (5), (7), (9), (10) and (11) of this section.

 

          Additional personnel education shall be based on hospice identified needs.

 

          Current professional and technical reference books and periodicals shall be made available for personnel.

 

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

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

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

 

          44:79:04:05.  Employee health program. The hospice shall have an employee health program for the protection of the patients. All personnel shall be evaluated by a 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 hospice 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. Any personnel absent from duty because of a reportable communicable disease which may endanger the health of patients and fellow employees may not return to duty until they are determined by a physician, physician's designee, physician assistant, nurse practitioner, or clinical nurse specialist to no longer have the disease in a communicable stage.

 

          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: Reportable diseases and conditions, ch 44:20:01.

 

          44:79:04:06.  Tuberculin screening requirements. Each facility shall develop criteria to screen healthcare workers for Mycobacterium tuberculosis (TB) based on the guidelines issued by Centers for Disease Control and Prevention. Each facility shall establish policies and procedures for conducting Mycobacterium tuberculosis risk assessment that include the key components of responsibility, surveillance, containment, and education. The frequency of repeat screening shall depend upon annual risk assessments conducted by the facility.

 

          Tuberculin screening requirements for healthcare workers are as follows:

 

          (1)  Each new healthcare worker shall receive the two-step method of tuberculin skin test or a TB blood assay test to establish a baseline within 14 days of employment. Any two documented tuberculin skin tests completed within a 12 month period prior to the date of employment can be considered a two-step or one blood assay TB test completed within a 12 month period prior to the date of employment can be considered an adequate baseline test. Skin testing or TB blood assay tests are not necessary if a new employee transfers from one licensed healthcare facility to another licensed healthcare facility within the state if the facility received documentation of the last skin testing completed within the prior 12 months. Skin testing or TB blood assay tests are not necessary if documentation is provided of a previous positive reaction to either test. Any new healthcare worker who has a newly recognized positive reaction to the skin test or TB blood assay test shall have a medical evaluation and a chest X-ray to determine the presence or absence of the active disease;

 

          (2)  A new healthcare worker who provides documentation of a positive reaction to the tuberculin skin test or TB blood assay test shall have a medical evaluation and chest X-ray to determine the presence or absence of the active disease; and

 

          (3)  Each healthcare worker with a history of a positive reaction to the tuberculin skin test or blood assay shall be evaluated annually by a physician, physician assistant, nurse practitioner, clinical nurse specialist, or a nurse and a record maintained of the presence or absence of symptoms of Mycobacterium tuberculosis. If this evaluation results in suspicion of active tuberculosis, the person shall be referred for further medical evaluation to confirm the presence or absence of tuberculosis.

 

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

          General Authority: SDCL 34-12-13(1), (5), and (14), 34-22-9.

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

 

          Reference: Reference: Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Health-Care Facilities, 2005. "Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report," December 30, 2005 (RR17).

 

          44:79:04:07.  Admissions of patients. The governing body of the hospice shall establish and maintain admission, transfer, and discharge policies, with written evidence to assure the patients admitted to and retained in the hospice are within the licensure classification of the facility. The hospice may admit and retain, on the orders of a physician, only those patients for whom it can provide care safely and effectively.

 

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

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

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

 

          44:79:04:08.  Care policies. Each hospice shall establish and maintain policies, procedures, and practices that follow accepted standards of professional practice to govern care, and related medical or other services necessary to meet the patients’ needs. Each hospice shall establish and maintain policies and procedures for the management of respite care patients if the hospice offers those services.

 

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

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

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

 

          44:79:04:09. Discharge planning. Each facility shall have policies and procedures for discharge planning.

 

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

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

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

 

          44:79:04:10.  Quality assessment. Each hospice shall provide for on-going evaluation of the quality of services provided to patients and families.

 

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

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

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