44:69:02:01.  Sanitation. The birth center 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: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).

          44:69:02:02.  Pets. Any pet kept in a birth center may not negatively affect the well-being of clients.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(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.

          44:69:02:03.  Cleaning methods and facilities. The birth center shall have equipment, work areas, and complete written procedures for cleaning, sanitizing, disinfecting, or sterilizing all work areas, equipment, utensils, dressings, medical devices, and solutions used for clients' care. Common use equipment shall be disinfected or sterilized after each use.

          A separate clean and soiled utility room shall be provided for birth centers with three or more beds.

          All parts of the birth center shall be kept clean, neat, and free of visible soil, litter, and rubbish.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).

          44:69:02:04.  Sterilization. Instruments, supplies, utensils and equipment which are not single service shall be decontaminated before sterilization in a manner that makes them safe for handling by personnel. Supplies and equipment commercially prepared and sterilized to retain sterility indefinitely are acceptable in lieu of sterilization in the birth center. Autoclaves used for steam sterilization shall be bacteriologically monitored at least weekly. Supplies and equipment sterilized and packaged in the birth center shall have the processing date on the package and shall be reprocessed in accordance with any specific manufacturer's recommendation for the packaging.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(7).

          Law Implemented: SDCL 34-12-62(7).

          44:69:02:05.  Food service. If an in-house food service is provided, the birth center 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, in the Food Service Code. The birth center shall have the space, equipment, supplies, and mechanical systems for efficient, safe, and sanitary food preparation. If a birth center's food service is contracted out, the contractor shall be a licensed food service establishment that is inspected by a local, state, or federal agency.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(9) and (13).

          Law Implemented: SDCL 34-12-62(9) and (13).

          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 $4.08.

          44:69:02:06.  Linen. The supply of bed linen and towels shall equal two times the licensed capacity. Each birth center shall contract with commercial laundry services or the laundry service of another licensed health care facility for all common use linens if laundry services are not provided on the premises. A birth center providing laundry services shall have adequate space and equipment for the safe and effective operation of the laundry service.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(7) and (13).

          Law Implemented: SDCL 34-12-62(7) and (13).

          44:69:02:07.  Infection control. The infection control program shall utilize the concept of standard precautions as the basis for infection control pursuant to chapter 44:20:04. The birth center shall have written procedures that govern the use of aseptic techniques and procedures in all areas of the birth center. Each birth center shall develop policies and procedures for the handling and storage of potentially hazardous substances (including lab specimens).

          A birth center with three or more beds shall designate an employee to be responsible for the implementation of the infection control program including surveillance and reporting activities.

          Each birth center shall provide an organized infection control program for preventing, investigating, and controlling infection.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(7).

          Law Implemented: SDCL 34-12-62(7).

          44:69:02:08.  Occupant protection. Each birth center shall be constructed, arranged, equipped, maintained, and operated to avoid injury or danger to any occupant. The extent and complexity of occupant protection precautions is determined by the services offered and the physical needs of any client admitted to the birth center.

          A birth center with three or more beds 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 clients;

          (3)  Provide a call system for each birth room and in all toilet rooms and bathing facilities routinely used by clients. The call system shall be capable of being easily activated by a client and shall register at a staff location. A wireless call system may be used;

          (4)  Provide grounded or double-insulated electrical equipment or protect the equipment with ground fault circuit interrupters. Ground fault circuit interrupters shall be provided in wet areas and for outlets within six feet of sinks;

          (5)  Portable space heaters and portable halogen lamps may not be used in a birth center;

          (6)  Household-type electric blankets or heating pads may not be used in a facility;

          (7)  Any light fixture located over a client 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; and

          (8)  Any clothes dryer shall have a galvanized metal vent pipe for exhaust.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1), (5), and (6).

          Law Implemented: SDCL 34-12-62(1), (5), and (6).

          44:06:02:09.  Physical plant changes. A birth center shall submit any proposed change by new construction, remodeling, or change of use of an area to the department. Any change shall have the approval of the department before it is made.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).

          44:69:02:10.  Location. The location of a birth center shall promote the health, treatment, comfort, safety, and well-being of persons accepted and retained for care. A birth center shall be served by good, passable roads. Easy accessibility for employees, visitors, and fire-fighting services shall be maintained.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).

          44:69:02:11.  Other hazardous conditions. A birth center may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have the potential to cause injury or illness to any client or staff.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-62(1).

          Law Implemented: SDCL 34-12-62(1).