Nursing Services Requirements for the State of South Dakota
44:04:06:01.Nursing service for
hospitals and nursing facilities. All hospitals and nursing
facilities must comply with §§44:04:06:02 to 44:04:06:05,
inclusive.
Source: SL 1975, ch 16, §1; 6 SDR 93,
effective July 1, 1980; 14 SDR 81, effective December 10,
1987; 22 SDR 70, effective November 19, 1995.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:04:06:02.Organized nursing
service. There shall be an organized nursing service with a
written organizational plan that delineates its functional
structure. Source: SL 1975, ch 16, §1; 6 SDR 93, effective
July 1, 1980; 14 SDR 81, effective December 10, 1987; 22 SDR
70, effective November 19, 1995.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:04:06:03.Director of nursing
service. There must be a full-time registered nurse
designated as the director of nursing service who is
responsible for the organization of the total nursing
service and who serves during the day shift. The director
may not serve in a dual role as the administrator of the
facility and the director of nursing.
Source: SL 1975, ch 16, §1; 6 SDR 93,
effective July 1, 1980; 14 SDR 81, effective December 10,
1987; 17 SDR 122, February 24, 1991; 22 SDR 70, effective
November 22, 1995.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:04:06:04.Nursing policies and
procedures. Policies and procedures that provide the nursing
staff with methods of meeting its administrative and
technical responsibilities in providing care to patients or
residents must be established and maintained. The policies
must include at least the following:
(1)The noting of diagnostic and
therapeutic orders;
(2)Assigning the nursing care of
patients or residents;
(3)Administration and control of
medications;
(4)Charting by nursing personnel;
(5)Infection control;
(6)Patient or resident safety; and
(7)Delineation of orders from
nonphysician practitioners.
Source: SL 1975, ch 16, §1; 6 SDR 93,
effective July 1, 1980; 14 SDR 81, effective December 10,
1987; 22 SDR 70, effective November 19, 1995; 30 SDR 84,
effective December 4, 2003.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:04:06:09.Nursing service staffing
for nursing facilities. Each nursing facility must maintain
a licensed nurse in charge of nursing activities during each
tour of duty. The director of nursing may not serve as
charge nurse in a nursing facility with an average daily
occupancy of 60 or more residents. Adequate staff must be
provided to meet the resident's total care needs at all
times. The ratio of registered and licensed practical nurses
to aides and orderlies must be sufficient to assure
professional guidance and supervision in the nursing care of
the patients.
Source: SL 1975, ch 16, §1; 6 SDR 93,
effective July 1, 1980; 14 SDR 81, effective December 10,
1987; 22 SDR 70, effective November 19, 1995; 31 SDR 62,
effective November 7, 2004.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:04:06:11.01.Intermittent nursing
care. Skilled nursing services or rehabilitation services
provided to residents of assisted living centers must be
limited to less than eight hours per day and 28 or fewer
hours each week. The service providing the care must specify
a planned completion date based on the assessments
conducted. An unlicensed employee of a licensed facility may
not accept any delegated skilled tasks from any nonemployed,
noncontracted skilled nursing and therapy providers pursuant
to SDCL chapters 36-9, 36-10, and 36-31.
Source: 26 SDR 96, effective January 23,
2000; 28 SDR 83, effective December 16, 2001.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13. |
