44:82:01:01. Definitions. Terms defined in SDCL 34-12-1.1 have the same meaning in this article. In addition, terms used in this article mean:
(1) "Abuse," an intentional act toward an individual indicating that one or more of the following has occurred:
(a) A criminal conviction against a person for mistreatment toward an individual; or
(b) In the absence of a criminal conviction, substantial evidence that one or more of the following has occurred resulting in harm, pain, fear, or mental anguish:
(i) Misappropriation of a resident's property or funds;
(ii) An attempt to commit a crime against a resident;
(iii) Physical harm or injury against a resident; or
(iv) Using profanity, making a gesture, or engaging in any other act made to or directed at a resident;
(2) "Activities of daily living," the tasks of transferring, moving about, dressing, grooming, toileting, bathing, and eating performed routinely by a person to maintain physical functioning and personal care;
(3) "Care provider," the owner, operator, or any paid person, but not including a family member of the resident, who provides care, support, and services to a resident under this chapter;
(4) "Case manager," a person, chosen by an individual receiving waiver services in a community living home, who provides ongoing monitoring of the individual's provision of services, health, welfare, and monitors the implementation of the individual's plan of care;
(5) "Department," the South Dakota Department of Health;
(6) "Exploitation," the wrongful taking or exercising of control over property of a person with intent to defraud that person;
(7) "Home," a community living home as defined in SDCL subdivision 34-12-1.1(13);
(8) "Health care," services to assist residents pertaining to diagnosis and treatment and to preventive, rehabilitative, restorative, and nursing care performed at the direction of a physician on behalf of the injured, disabled, or sick person by a physician, nurse, dentist, or other health professional or technical health personnel;
(9) "Healthcare worker," any paid person working in a health-care setting;
(10) "Individualized and independent residential community living supports," supervisory care, assistance with activities of daily living and instrumental activities of daily living, homemaking, meals preparation, and other health-related services provided in a residential setting to a person with functional limitations;
(11) "Instrumental activities of daily living," tasks performed routinely by a person, utilizing physical and social environmental features, to manage life situations, including meal preparation, self-administration of medications, telephone use, housekeeping, laundry, handling finances, shopping, and use of transportation;
(12) "Misappropriation of resident's property," the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent;
(13) "Neglect," harm to a person's health or welfare, without reasonable justification, caused by the conduct of someone responsible for the person's health or welfare, including offensive behavior made to or directed at a person, and the failure to provide timely, consistent, and safe services, treatment, or care necessary to avoid physical harm, mental anguish, or mental illness to the person;
(14) "Outside healthcare provider," a licensed, or otherwise appropriately credentialed, health care professional who provides services to residents but is not the owner or operator of the community living home;
(15) "Operator," the owner, or a designee of the owner, who is responsible for the overall supervision, support, and care of the home's residents;
(16) "Owner," a person or organization that is the legal owner of the community living home and that, along with the operator, is responsible for the overall supervision, support, and care of the home's residents;
(17) "Qualified personnel," persons with the specific education, license, and training to provide required services;
(18) "Resident," an adult who resides in a community living home, receives individualized and independent residential supports, and is not related to either the owner or operator;
(19) "Self-administration of medications," the removal of the correct dosage from the pharmaceutical container and self-injecting, self-ingesting, or self-applying the medication with no assistance or with limited assistance from qualified personnel.
Source: 44 SDR 66, effective October 17, 2017.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
