Administrative rules for nursing homes are now available

The South Dakota Office of Licensure and Certification provided a memo to Nursing Home Providers and Partners regarding the South Dakota Department of Health’s revised rules. Below is the original memo.

Attention Nursing Home Providers and Partners:

To ensure Article 44:73 Nursing Facilities continues to promote and maintain the health and safety of nursing home residents in South Dakota, the Department of Health revised the administrative rules in accordance with South Dakota Codified Law (SDCL) chapter 1-26, which went into effect 11/11/24. The administrative rules for nursing homes are available here. Information regarding this rule change and ability to review which rules were revised, can be found here.

Below is a brief summary of several changes that providers should be aware of. The list below does not include all changes, but highlights changes outside of updating language for clarity, spelling, and legality purposes.

44:73:01:07. Reports to the department.

1. The language was revised for clarity and consistency with the timelines and events required to be reported and with other licensed providers.
2. All required reportable events should be reported to the department within 24 hours and have a follow-up investigation/report within 5 working days after the event. (Note – the federal requirements may be different than this state requirement)
3. The language regarding reporting to other entities was moved into its own rule under 44:73:01:07.01 for clarity and to be consistent with other licensed providers.

44:73:02:12. Water supply.

1. Information related to control of legionella was moved into its own rule under 44:73:02:12.01 for clarity and to be consistent with other licensed providers.

44:73:03:02. General fire safety.

1. The additional language regarding fire drills was previously in rule 44:73:04:05 Personnel Training and moved here to be consistent with other licensed providers. The requirement remains unchanged.

44:73:04:05. Personnel training.

1. As referenced above, the information specific to fire drills was moved to the Fire Safety rule to be consistent with other licensed providers.
2. Fire prevention and response training remains unchanged as a part of the initial and annual training requirements for personnel.
3. Additional language was added to 44:73:04:05(12) to ensure training is inclusive of advanced directives.

44:73:04:12. Tuberculin screening and testing requirements.

1. Revisions were made to update the reference and information to current and to be consistent with other licensed providers.
2. Previous requirements for completing the TB screening within 14 days of admission for residents or within 14 days of hire for personnel was extended to 21 days.
3. Added 44:73:04:12(4) to incorporate language related to annual TB risk screening for those identified at increased risk of TB.
4. The annual TB education was moved into its own rule under 44:73:04:12.01. There is additional information regarding what the education should consist of.

44:73:04:18. Discharge planning.

1. Revisions were made to be consistent with other licensed providers and with federal requirements to ensure effective discharge planning for the residents.

44:73:05:02. Admissions.

1. The language was revised for clarity and consistency with the federal requirements.

44:73:06:05. Resident care plans and programs.

1. The language was revised for clarity and consistency with the federal requirements.

44:73:07:11. Director of dietetic services.

1. The language was revised to be consistent with federal requirements.

44:73:07:16. Required dietary inservice training.

1. Revisions were made to clarify training timelines and to be consistent with other licensed providers.

44:73:08:12. Self-administration of drugs.

1. This rule incorporates language from the previous rule 44:73:11:13 and is consistent with other licensed providers.
2. The rule is also consistent with federal requirements.

44:73:10:04. Provision of social services.

1. The language was updated for consistency with federal requirements.

44:73:11:13. Self-administration of drugs.

1. As referenced above, the information specific to self-administration of drugs was moved to the new rule in 44:73:08:12.

If you have any questions please contact Diana Weiland, RN Public Health Advisor, at diana.weiland@state.sd.us.