(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.

Rule 44:82:01:02 Licensure of community living home.

44:82:01:02. Licensure of community living home. Any license issued shall denote the name and address of the community living home on the face of the license. The license certificate remains the property of the department.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-7.

Law Implemented: SDCL 34-12-7.

Rule 44:82:01:03 Community living home capacity.

44:82:01:03. Community living home capacity. The community living home may not serve more than four residents. The community living home capacity shall be established at the time of licensure. The department shall be notified of any capacity adjustments.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-7.

Law Implemented: SDCL 34-12-7.

Rule 44:82:01:04 Community living home staffing requirements.

44:82:01:04. Community living home staffing requirements. The community living home shall provide and maintain adequate staffing levels of care providers to effectively and appropriately meet the needs of its residents.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.

Rule 44:82:01:05 Peronnel.

44:82:01:05. Peronnel. Community living home owners, operators, and care providers shall meet the following criteria:

(1) Community living home owners, operators, and care providers shall have the capacity and ability to provide appropriate care and supports pursuant to each resident's care plan;

(2) Community living home owners, operators, care providers, and family members residing at the residence, may not have a conviction for abusing or neglecting another person; and

(3) Any person providing supervisory care and support in the community living home shall be at least 18 years of age.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-13.

Law Implemented: SDCL 34-12-13.

Rule 44:82:01:06 Resident evaluation and plan of care.

44:82:01:06. Resident evaluation and plan of care. The owner or operator shall ensure that an evaluation of each resident's individualized and independent residential community living support needs is documented at the time of application for residency in the home, at least annually thereafter, and upon a significant change in condition requiring notification pursuant to § 44:82:06:04, to determine how the community living home can meet the needs of each resident and what services should be included in a plan of care jointly developed by the operator and the resident. The evaluation and plan of care shall be documented on a form approved by the department and maintained in each resident's record.

Source: 44 SDR 66, effective October 17, 2017.

General Authority: SDCL 34-12-7, 34-12-13(5).

Law Implemented: SDCL 34-12-7, 34-12-13(5).

Rule 44:82:01:07 Joint occupancy.

44:82:01:07. Joint occupancy. The use of a portion of a building for a purpose other than that covered by the license may be approved by the department only if it can be shown that joint occupancy is not detrimental to the welfare of the residents. The area shall be open to inspection by the department.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:01:08 Reports.

44:82:01:08. Reports. Each owner or operator shall provide the pertinent data necessary to comply with the requirements of all applicable administrative rules and statutes.

Each owner or operator shall report any incident or event where there is reasonable cause to suspect abuse or neglect of any resident by any person within 24 hours of becoming informed of the alleged incident or event. The owner or operator shall report each incident or event orally or in writing to the state's attorney of the county in which the home is located, to the Department of Human Services, or to a law enforcement officer. The owner or operator shall report each incident or event to the department within 24 hours, and conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.

Each owner or operator shall report to the department within 24 hours of the event any death resulting from other than natural causes originating on home property such as accidents or suicide. The owner or operator shall conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the event.

Each owner or operator shall report a missing resident to the department within 48 hours of incident. The owner or operator shall conduct a subsequent internal investigation and provide a written report of the results to the department within five working days after the incident.

Each owner or operator shall also report to the department as soon as possible any fire with damage or where injury or death occurs; any partial or complete evacuation of the home resulting from natural disaster; or any loss of utilities, such as electricity, natural gas, telephone services, fire alarm, and other critical equipment necessary for operation of the community living home for more than 24 hours.

Each owner or operator shall notify the department of any anticipated closure or discontinuation of service at least 30 days in advance of the effective date.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:01:09 Plans of correction.

44:82:01:09. Plans of correction. Within ten days of the receipt of the statement of deficiencies, each owner or operator shall submit to the department a written plan of correction for the citation of noncompliance with licensure requirements. The plan of correction shall be signed, dated, and on the original forms provided by the department. The department may reject the plan of correction if there is no evidence the plan will cause the community living home to attain or maintain compliance with SDCL chapter 34-12 and this article.

Source: 44 SDR 66, effective October 17, 2017.

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

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

Rule 44:82:01:10 Scope of article.

44:82:01:10. Scope of article. Nothing in this article limits or expands the rights of any healthcare worker or care provider to provide services within the scope of the professional's license, certification, or registration as provided by South Dakota law.

Source: 44 SDR 66, effective October 17, 2017.

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

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

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