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44:78:01:01. Definitions.\r\nTerms defined in SDCL 34-12-1.1 have the same meaning in this article. In addition, terms used in this article mean:
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(1) "Abuse,"\r\nan intentional act toward an individual indicating that one or more of the\r\nfollowing has occurred:
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(a) A\r\ncriminal conviction against a person for mistreatment toward an individual; or
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(b) In\r\nthe absence of a criminal conviction, substantial evidence that one or more of\r\nthe following has occurred resulting in harm, pain, fear, or mental anguish:
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(i) Misappropriation\r\nof a patient's or resident's property or funds;
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(ii) An\r\nattempt to commit a crime against a patient or resident;
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(iii) Physical\r\nharm or injury against a patient or resident; or
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(iv) Using\r\nprofanity, making a gesture, or engaging in other any act made to or directed\r\nat a patient or resident;
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(2) "Administrator,"\r\na person appointed by the owner or governing body of a facility who is\r\nresponsible for the daily overall management of the facility and who maintains\r\nan office on the premises of the facility;
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(3) "Department,"\r\nthe South Dakota Department of Health;
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(4) "Developmental\r\ndisability," a severe, chronic disability of a person as defined in SDCL 27B-1-18 or a disability which:
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(a) Is\r\nattributable to a mental or physical impairment or combination of mental and\r\nphysical impairments;
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(b) Is\r\nmanifested before the person attains age 22;
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(c) Is\r\nlikely to continue indefinitely;
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(d) Results\r\nin substantial functional limitations in three or more of the following areas\r\nof major life activity:
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(i) Self-care;
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(ii) Receptive\r\nand expressive language;
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(iii) Learning;
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(iv) Mobility;
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(v) Self-direction;
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(vi) Capacity\r\nfor independent living; and
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(vii) Economic\r\nself-sufficiency; and
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(e) Reflects\r\nthe person's need for an array of generic services, met through a system of\r\nindividual planning and supports over an extended time, including those of a\r\nlife-long duration;
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(5) "Exploitation,"\r\nthe wrongful taking or exercising of control over property of a person with\r\nintent to defraud that person;
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(6) "Facility,"\r\nthe place of business used to provide health care for patients that is licensed\r\nby the department;
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(7) "Governing\r\nbody," is an individual, partnership, or an organized body of persons that\r\nis ultimately responsible for the quality of care in an inpatient chemical\r\ndependency treatment facility, credentialing of and granting privileges to the\r\nmedical staff, maintaining the financial viability of the facility, and\r\nformulating institutional policies and procedures, or bylaws governing the\r\noperation of the facility;
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(8) "Healthcare\r\nworker," any paid person working in a healthcare setting;
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(9) "Licensed\r\nhealth professional," a physician; physician's assistant; nurse\r\npractitioner; physical, speech, or occupational therapist; physical or\r\noccupational therapy assistant; nurse; nursing facility administrator;\r\ndietitian; pharmacist; respiratory therapist; or social worker who holds a\r\ncurrent license to practice in South Dakota;
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(10) "Medical\r\nstaff," an organized staff composed of practitioners that operates under\r\nbylaws approved by the governing body and which is responsible for reviewing\r\nthe qualifications of practitioners applying for clinical privileges and for\r\nthe provision of medical care to patients and residents in a health care\r\nfacility;
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(11) "Neglect,"\r\nharm to a person's health or welfare, without reasonable justification, caused\r\nby the conduct of someone responsible for the person's health or welfare,\r\nincluding but not limited to offensive behavior made to or directed at a\r\nclient, and the failure to provide timely, consistent, and safe services,\r\ntreatment, or care necessary to avoid physical harm, mental anguish, or mental\r\nillness to the person;
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(12) "Patient,"\r\na person with a valid order by a practitioner for diagnostic or treatment\r\nservices in a chemical dependency treatment facility;
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(13) "Patient\r\nadvocate," an agency responsible for the protection and advocacy of\r\npatients, including the department, the state ombudsman, the protection and\r\nadvocacy network, and the Medicaid fraud control unit; and
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(14) "Qualified\r\npersonnel," persons with the specific education, license, and training to\r\nprovide the health service for which they are employed.
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Source:\r\n42 SDR 51, effective October 13, 2015.
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General\r\nAuthority: SDCL 34-12-13.
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Law\r\nImplemented: SDCL 34-12-13.
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