ARSD 44:70:01:01. Definitions

Terms used in this article mean: (1) "Abuse," shown by a criminal conviction for, or substantial evidence of: (a) Emotional or psychological abuse as defined in SDCL 22-46-1(4); (b) Exploitation as defined in SDCL 22-46-1(5); or (c) Physical abuse as defined in SDCL 22-46-1(7); (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(8); (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," a severe, chronic disability of a person 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 Academy of Nutrition and Dietetics and holds a current license to practice in accordance with SDCL chapter 36-10B; (12) "Distinct part," an entire ward or contiguous wards, wing, floor, or building, that is licensed at a specific level, including all beds and related facilities in the unit; (13) "Emergency care," professional health services immediately necessary to preserve life or stabilize health due to the sudden, severe, and unforeseen onset of illness or accidental bodily injury; (14) "Exploitation," as defined in SDCL 22-46-1(5); (15) "Facility," the place of business licensed in accordance with SDCL chapter 34-12 to provide assisted living care for residents; (16) "Governing body," an organized body of persons that is ultimately responsible for the quality of care in a health care facility, maintaining the financial viability of the facility, and formulating institutional policy; (17) "Healthcare personnel," any employee, staff, or individual working in a healthcare setting; (18) "Legend drug," any drug that requires a label bearing the statement, Caution: Federal law prohibits dispensing without prescription; (19) "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, psychologist, or social worker who holds a current license to practice in this state or privilege to practice; (20) "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; (21) "Misappropriation of resident property," the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a resident's belongings or money without the resident's consent; (22) "Neglect," as defined in SDCL 22-46-1; (23) "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; (24) "Nurse aide," a person as defined in § 44:74:01:01(16); (25) "Nurse practitioner," a person who practices as a nurse practitioner in accordance with SDCL chapter 36-9A; (26) "Pharmacist," a person registered to practice pharmacy in accordance with SDCL chapter 36-11; (27) "Physician," a person licensed to practice medicine in accordance with SDCL chapter 36-4; (28) "Physician assistant," a person licensed in accordance with SDCL chapter 36-4A; (29) "Qualified personnel," persons with the specific education, license, or training to provide the health service for which they are employed; (30) "Regular diet," a nutritionally adequate diet using food items and written recipes that can be prepared and correctly served by a staff person; (31) "Rehabilitation services," physical therapy, occupational therapy, respiratory therapy, and speech therapy; (32) "Resident," a person not in need of acute care with a valid order by a physician, physician assistant, or nurse practitioner for services in an assisted living center; (33) "Resident advocate," an agency responsible for the protection and advocacy of any residents; (34) "Respite care," care permitted within the scope of a facility license, with a limited stay no greater than thirty days for any one resident; (35) "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; (36) "Self-administration of medications," the removal of the correct dosage from the 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; (37) "Terminal illness," a medical prognosis that the person's life expectancy is six months or less if the illness runs its normal course; (38) "Therapeutic diet," any diet other than a regular diet, excluding low sodium diets, that is ordered by a physician, physician assistant, nurse practitioner, or dietitian as part of the treatment for a disease or clinical condition to increase, decrease, or eliminate certain substances in the diet, and to alter food consistency; (39) "Total assistance," full performance of an activity with no participation by the resident for any aspect of the activities of daily living; (40) "Transfer or discharge," the movement of a resident to a bed outside the distinct part or outside the facility; and (41) "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.