44:79:02:01.  Sanitation. The hospice shall be designed, constructed, maintained, and operated to minimize the sources and transmission of infectious diseases to clients, personnel, visitors, and the community at large.

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

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

          44:79:02:02.  Pets. No pet kept in or visiting a hospice may negatively affect the well-being of a patient.

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

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

          Cross-Reference: Physically disabled, blind or deaf person's right to be accompanied by guide dog without extra charge, SDCL 20-13-23.2.

          44:79:02:03.  Cleaning methods and facilities. The hospice shall have supplies, equipment, work areas, and complete written procedures for cleaning, sanitizing, or disinfecting all work areas, equipment, utensils, and medical devices used for patient's care. Common use equipment shall be disinfected after each use. Facilities shall have a separate clean and soiled utility rooms. All parts of the hospice shall be kept clean, neat, and free of visible soil, litter, or rubbish.

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

          General Authority: SDCL 34-12-13(2)

          Law Implemented: SDCL 34-12-13(2)

          44:79:02:04.  Chemicals used to sanitize, disinfect, or sterilize. The label of chemicals used to sanitize, disinfect, or sterilize shall indicate registration with the Environmental Protection Agency as effective, safe, and approved for their intended use.

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

          General Authority: SDCL 34-12-13(2).

          Law Implemented: SDCL 34-12-13(2).

          44:79:02:05.  Food service. If an in-house food service is provided, the hospice shall meet the safety and sanitation procedures for food service in §§ 44:02:07:01, 44:02:07:02, and 44:02:07:04 to 44:02:07:95, inclusive, the Food Service Code. The hospice shall have the space, equipment, supplies, and mechanical systems for efficient, safe, and sanitary food preparation.  If the hospice food service is contracted out, the contractor shall be a licensed food service establishment that is inspected by a local, state, or federal authority. The facility shall ensure that food is prepared and served in a manner that is safe and palatable. Hot food shall be held at or above 135 degrees Fahrenheit (57.2 degrees Centigrade) and served promptly after being removed from the temperature holding device. Cold foods shall be held at or below 41 degrees Fahrenheit (five degrees centigrade) and served promptly after being removed from the holding device.

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

          General Authority: SDCL 34-12-13(5) and (8).

          Law Implemented: SDCL 34-12-13(5) and (8).

          Note: Article 44:02, Lodging and Food Service, Administrative Rules of South Dakota, contains the Food Service Code and may be obtained from Legislative Mail, 1320 East Sioux Avenue, Pierre, South Dakota 57501, telephone (605) 773-4935, for $4.14.

          44:79:02:06.  Handwashing facilities. Handwashing facilities consisting of hot and cold running water dispensed through a mixing faucet controlled with blade handles or other hands-free controls, a towel dispenser with single-service towels or a hand-drying device, and hand cleanser shall be located at dietary areas, utility rooms, staff stations, laundry, and all toilet rooms not directly connected to resident rooms. A handwashing facility shall be provided in each resident room. If existing faucets and controls are replaced or changed, they shall be replaced with mixing faucets controlled with blade handles or other hands-free controls.

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

          General Authority: SDCL 34-12-13(1) and (4).

          Law Implemented: SDCL 34-12-13(1) and (4).

          Cross-Reference: Plumbing fixtures, § 44:80:10:21.

          44:79:02:07.  Linen. The hospice shall contract with a commercial laundry service or the laundry service of another licensed health care facility for all common use linens if laundry services are not provided on the premises. The facility shall process laundry following the laundry equipment and cleaning agent recommendations. A hospice providing laundry services shall have adequate space and equipment for the safe and effective operation of the laundry service. Closed containers shall be used during transport and the arrangement of equipment and the handling of linens shall prevent soiled linens from contacting the processed clean linens.  Air flow in the linen processing shall be from clean processing areas toward the soiled holding and sorting area.  Clean linens shall be covered during transport to storage areas.

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

          General Authority: SDCL 34-12-13(1) and (4).

          Law Implemented: SDCL 34-12-13(1) and (4).

          44:79:02:08.  Infection control. The infection prevention and control program shall utilize the concept of standard precautions. Bloodborne pathogen control shall be maintained according to the requirements contained in 29 C.F.R. 1910.1030, July 1, 2006. The hospice shall designate an employee to be responsible for the implementation of the infection control program including surveillance and reporting activities. There shall be written procedures that govern the use of aseptic techniques and procedures in all areas of the facility. Each hospice shall develop policies and procedures for the handling and storage of potentially hazardous substances (including lab specimens). There shall be a method of control if sterilize supplies are used and a written policy if sterile supplies are reprocessed. The hospice shall provide orientation and continuing education to all personnel on the cause, effect, transmission, prevention, and elimination of infections. Each hospice shall develop a written policy for evaluation and reporting of any employee with a reportable infectious disease.

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

          General Authority: SDCL 34-12-13(1), 34-22-9(8).

          Law Implemented: SDCL 34-12-13(1).

          44:79:02:09.  Refuse and waste disposal. Garbage, refuse, and waste shall be handled and disposed of in a safe and sanitary manner. Final disposal of all refuse and waste shall comply with articles 74:27 and 74:28. Putrescible garbage shall be removed at a frequency to contain or prevent odors, insects, and vermin.

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

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

          44:79:02:10.  Occupant protection. Each hospice shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to the occupants. The extent and complexity of occupant protection precautions is determined by the services offered and the physical needs of the patients admitted to the facility. The hospice shall take at least the following precautions:

          (1)  Develop and implement a written and scheduled preventive maintenance program;

          (2)  Provide securely constructed and conveniently located grab bars in all toilet rooms and bathing areas used by patients;

          (3)  Provide a call system for each patient bed and in all toilet rooms and bathing facilities routinely used by patients. The call system shall be capable of being easily activated by the patient and shall register at a staff station. A wireless call system may be used;

          (4)  Ground fault circuit interrupters shall be provided in wet areas and for outlets within six feet of sinks;

          (5)  A portable space heater, portable halogen lamp, household-type electric blanket, or household-type heating pad may not be used in a facility;

          (6)  Any light fixture located over a patient bed, in any bathing or treatment area, in a clean supply storage room, in any laundry clean linen storage area, or in any medication set-up area shall be equipped with a lens cover or a shatterproof lamp;

          (7)  Any clothes dryer shall have a galvanized metal vent pipe for exhaust; and

          (8)  The storage and transfilling of oxygen cylinders or containers shall meet the requirements of the NFPA 99 Standard for Health Care Occupancies, 2012 Edition.

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

          General Authority: SDCL 34-12-13(1) and (3).

          Law Implemented: SDCL 34-12-13(1) and (3).

          Reference: NFPA 99 Health Care Facilities, 2012 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101. Phone: 1-800-344-3555. Cost: $66.50.

          44:79:02:11.  Area requirements for currently licensed patient rooms. Each currently licensed hospice patient room shall have at least 120 square feet (11.15 square meters) of floor space per bed, exclusive of closets and wardrobes. Each hospice shall have 10 square feet (0.93 square meters) of general storage for each bed. A total of 40 square feet (3.72 square meters) of dining and lounge area for each patient shall be provided in a facility. Each hospice shall be constructed, equipped, and operated to maintain the privacy, comfort, and dignity of all patients.

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

          General Authority: SDCL 34-12-13(1) and (3).

          Law Implemented: SDCL 34-12-13(1) and (3).

          Cross-Reference: Area requirements for new construction or renovations, §  44:79:10:08(2).

          44:79:02:12.  Location. The location of a hospice shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care.

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

          General Authority: SDCL 34-12-13(1), (3), and (14).

          Law Implemented: SDCL 34-12-13(1), (3), and (14).

          44:79:02:13.  Water supply. The facility's water supply shall be obtained from a public water system or, in its absence, from a supply approved by the Department of Agriculture and Natural Resources. Private water supplies shall have a water sample bacteriologically tested at least monthly. The volume of water shall be sufficient for the needs of the facility, including fire fighting requirements. The hot water system shall be capable of supplying the work and patient areas with water at the required temperatures. Maximum hot water temperatures at plumbing fixtures used by patients may not exceed 125 degrees Fahrenheit (52 degrees centigrade). The minimum temperature of hot water for patient use shall be at least 100 degrees Fahrenheit (38 degrees centigrade).

          Each water supply system shall maintain one part per million free residual chlorine at remote point-of-use fixtures in the facility or may use another bacteriological control method, such as increasing water temperature range from 122 degrees to 125 degrees Fahrenheit (50-52 degrees centigrade), that has been demonstrated to be equivalent in control of Legionella. The facility shall document water temperatures to verify the hot water temperature is being maintained within the acceptable range. The chlorine testing shall be done daily using photocell and light source DPD (N, N, Diethyl-p-phenylenediamine) test kits, and the test results logged. If testing demonstrates that consistent chlorine levels are maintained, the frequency of testing may be reduced to a level necessary to demonstrate compliance.

          Source: 42 SDR 51, effective October 13, 2015; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).

          Cross-References: Standards adopted for plumbing -- Conformity to National Code, SDCL 36-25-15; Scope and objectives of plumbing standards and rules, SDCL 36-25-15.1.

          44:79:02:14.  Other hazardous conditions. A hospice may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have a potential to cause injury or illness to the patients or staff.

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

          General Authority: SDCL 34-12-13(1).

          Law Implemented: SDCL 34-12-13(1).