CHAPTER 44:76:10
SURGICAL SERVICES
Section
44:76:10:01 Scope of surgical services.
44:76:10:02 Surgical services.
44:76:10:03 Surgical records.
44:76:10:04 Anesthesia services.
44:76:10:05 Emergency equipment.
44:76:10:06 Emergency services.
44:76:10:01. Scope of surgical services. The ambulatory surgery center services are limited to those surgical and other medical procedures that may be safely performed in a dedicated operating room or procedure rooms and which may require a postoperative recovery room or short-term, not overnight, convalescent room. An ambulatory surgery center may not retain patients overnight. Surgical procedures which may not be performed in an ambulatory surgery center includes those that:
(1) Generally result in extensive blood loss;
(2) Require major or prolonged invasion of body cavities;
(3) Directly involve major blood vessels;
(4) Are generally emergent or life-threatening in nature; or
(5) Require admission to a hospital on an inpatient basis in order to have the procedure performed or to recover from the procedure.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:76:10:02. Surgical services. Each facility in which surgery is performed shall maintain an operating suite with appropriate equipment, including an X-ray view box or film illuminator. The suite shall be supervised by a registered nurse with training and experience in operating room services. A circulating nurse shall be assigned to each operating or procedure room during each procedure and shall be present for the duration of the surgical procedure unless it becomes necessary for the nurse to leave the operating or procedure room as part of the procedure or the nurse is relieved by another circulating nurse. There shall be written policies for surgical services which govern surgical staff privileges, supportive services of other professional and paramedical personnel, and operating suite procedures. Policies and procedures pertaining to safety controls shall be developed and implemented. Safety controls shall be posted. A roster of surgical staff members which delineates the surgical privileges of each member shall be maintained on file in the operating suite.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(12).
Law Implemented: SDCL 34-12-13(12).
44:76:10:03. Surgical records. When surgery is performed, the following record requirements apply:
(1) An operating room register shall be maintained and shall include the patient's name, identification number or medical record number, date of operation, inclusive or total time of the operation or procedure, name of surgeon and all assistants, nursing personnel, type of anesthesia and name of person administering, operation or procedure performed, preoperative and postoperative diagnosis, and age of patient;
(2) The patient's medical record, including at least a medical history, a copy of the physician's examination, copies of laboratory tests, radiology reports, a signed consent for the surgical procedure to be performed, and a preoperative diagnosis, shall be made available in the surgical suite at the time of surgery; and
(3) An accurate and complete description of the operative procedure that includes a preoperative and postoperative diagnosis shall be recorded by the operating surgeon within 48 hours following completion of surgery.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(10) and (12).
Law Implemented: SDCL 34-12-13(10) and (12).
44:76:10:04. Anesthesia services. Each facility shall provide anesthesia services organized, directed, and integrated with other related services commensurate with the scope and needs of patients. Each facility shall ensure qualified staff deliver anesthesia care to patients according to written policies relating to anesthesia procedures approved by the medical staff. Each facility shall establish safety and sanitation controls. All anesthetizing locations that are not protected against potential explosive hazards shall have a legible sign posted prohibiting the use of flammable gas as anesthetics. At a minimum, a facility shall ensure that:
(1) A physician is on the premises during the post-anesthetic recovery period until all patients are alert or discharged;
(2) When a general anesthetic is used, at least one registered nurse is in the recovery room during the patient's post-anesthetic recovery period;
(3) Policies and procedures on the administration of anesthetics are developed by the medical staff and approved by the governing body;
(4) Prior to undergoing general anesthesia, a patient has a history and physical examination by a physician, including necessary laboratory examinations;
(5) Before discharge from the facility, each patient is evaluated by a physician for proper anesthesia recovery;
(6) No flammable anesthetic is allowed at the facility; and
(7) All anesthetics are administered by an anesthesiologist or anesthetist, except for local anesthetic agents which may be administered by the attending physician.
Source: 42 SDR 51, effective October 13, 2015; 48 SDR 59, effective December 5, 2021.
General Authority: SDCL 34-12-13(6) and (7).
Law Implemented: SDCL 34-12-13(6) and (7).
44:76:10:05. Emergency equipment. The facility governing body and medical staff shall coordinate, develop, and revise policies and procedures to specify the type of emergency equipment required for use in the facilities operating and procedure rooms. The emergency equipment shall meet the following requirements;
(1) Be immediately available for use during emergency situations;
(2) Be appropriate for the facility’s patient population; and
(3) Be maintained by appropriate personnel.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(12).
Law Implemented: SDCL 34-12-13(12).
44:76:10:06. Emergency services. A facility referring patients for transfer must initiate essential life-saving measures and provide emergency procedures within the capacity of the facility that will minimize aggravation of a patient’s condition during transfer. The medical staff shall determine appropriate personnel, equipment, drugs, and supplies for emergency care and shall maintain them readily available.
Source: 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(12).
Law Implemented: SDCL 34-12-13(12).
