44:70:01:01Definitions.

Terms used in this article mean: (1) "Abuse," shown by a criminal conviction for, or substantial evidence of: (a) Emotional and psychological abuse as defined in SDCL 22-46-1; (b) Exploitation as defined in SDCL 22-46-1; or (c) Physical abuse as defined in SDCL 22-46-1; (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) "Adequate staff," a sufficient number of qualified personnel to perform the duties required to meet the performance criteria established in this article; (4) "Administrator," a person appointed by the owner or governing body of a facility who is responsible for managing the facility and who maintains an office on the premises of the facility; (5) "Adult day care," a nonresident program in a licensed facility that provides health, social, and related support services; (6) "Communicable disease," as defined in § 44:20:01:01; (7) "Cognitively impaired," having a deficiency that results in a diminished ability to solve problems, to exercise good judgment in the context of a value system, to remember, and to be aware of and respond to safety hazards; (8) "Department," the South Dakota Department of Health; (9) "Developmental disability," as defined in SDCL 27B-1-18; (10) "Dietary manager," a person who is a dietitian, a graduate of an accredited dietetic technician or dietetic manager training program, a graduate of a course that provides one hundred twenty or more hours of classroom instruction in food service supervision, or a certified dietary manager recognized by the Certifying Board for Dietary Managers and who functions with consultation from a dietitian; (11) "Dietitian," a person who is registered with the Commission on Dietetic Registration as a dietitian and holds a current license to practice in South Dakota pursuant to SDCL chapter 36-10B; (12) "Distinct part," an entire ward or contiguous wards, wing, floor, or building, that is licensed at a specific level; (13) "Facility," an assisted living center as defined in SDCL 34-12-1.1 licensed in accordance with SDCL chapter 34-12; (14) "Governing body," an organized body of persons that is ultimately responsible for the quality of care in a facility, maintaining the financial viability of the facility, and formulating institutional policy; (15) "Healthcare personnel," any employee, staff, or individual working in a healthcare setting; (16) "Legend drug," any drug that requires a label bearing the statement, Caution: Federal law prohibits dispensing without prescription; (17) "Licensed health professional," a physician, physician assistant, nurse practitioner, physical therapist, speech-language pathologist, occupational therapist, physical or occupational therapy assistant, nurse, nursing facility administrator, dietitian, pharmacist, respiratory therapist, or social worker who holds a current license to practice in this state or privilege to practice; (18) "Memory care unit," a distinct part of a facility in which the physical environment and design maximizes functioning abilities, promotes safety, and encourages independence for a defined specific population, that is staffed by persons with training to meet the needs of residents admitted to the unit; (19) "Neglect," as defined in SDCL 22-46-1; (20) "Nurse," a registered nurse or a licensed practical nurse who holds a current license to practice in this state in accordance with SDCL chapter 36-9; (21) "Nurse practitioner," a person who practices as a nurse practitioner in accordance with SDCL chapter 36-9A; (22) "Pharmacist," a person licensed to practice pharmacy in accordance with SDCL chapter 36-11; (23) "Physician," a person licensed to practice medicine in accordance with SDCL chapter 36-4; (24) "Physician assistant," a person licensed in accordance with SDCL chapter 36-4A; (25) "Qualified personnel," persons with the specific education, license, or training to provide the health service for which they are employed; (26) "Resident," a person not in need of acute care and who has a valid order by a physician, physician assistant, or nurse practitioner for services in an assisted living center; (27) "Restraint," a physical, chemical, or mechanical device used to restrict the movement of a resident or the movement or normal function of a portion of the resident's body, excluding devices used for specific medical and surgical treatment; (28) "Self-administration of medications," the removal of the correct dosage from a pharmaceutical container and self-injecting, self-ingesting, or self-applying the medication with no assistance or with assistance from qualified personnel of the facility for the correct dosage or frequency; (29) "Therapeutic diet," any diet intervention ordered by a physician, physician assistant, or nurse practitioner, or a dietitian authorized by a physician, physician assistant, or nurse practitioner, that provides food, fluid, or nutrients via oral, enteral, or parenteral routes as part of the treatment for a disease or clinical condition to modify or eliminate micro-nutrients and macro-nutrients in the diet, or to alter food consistency; (30) "Transfer" or "discharge," the movement of a resident to a bed outside the distinct part or outside the facility; and (31) "Unlicensed assistive personnel," a person who is not licensed as a nurse in accordance with SDCL chapter 36-9 but who is trained to assist a nurse in the provision of nursing care to a resident as delegated by the nurse and authorized by the provisions of chapter 20:48:04.01.

Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019; 50 SDR 19, effective August 30, 2023; 53 SDR 34, effective September 24, 2026.