44:70:05:06Total activities of daily living assistance.

A facility may admit or retain a resident who requires one or two personnel for total assistance with completing activities of daily living. Each direct care personnel must be registered, in accordance with chapter 20:48:16, as a certified nurse aide before assisting a resident who requires total assistance. The registered nurse shall conduct and document a nursing assessment for the resident's need of total assistance at the initiation of such services, upon any observed or reported significant change in the resident's condition, and at least semi-annually. The facility shall have a nurse to work the day shift at least thirty-two hours per week when any resident requires the assistance of two personnel. A nurse must be on call at all times. A facility that provides total assistance is not eligible for a staffing exception allowed under § 44:70:03:02.01. If a resident requires the use of a mechanical lift for mobility, the lift must be operated by at least two trained personnel. The facility must document training provided to personnel on the use of the lift. A resident toileting room and bathing room must be large enough to accommodate two-person assistance. For purposes of this section, "total assistance" means full performance of an activity with no participation by the resident.

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