44:70:01:05.  Restrictions on acceptance and retaining of residents. A facility shall accept and retain residents in accordance with the following restrictions:

          (1)  A resident accepted for care by a licensed facility shall be housed within the facility covered by the license;

          (2)  A licensed facility may not accept or retain residents who require care in excess of the classification for which it is licensed;

          (3)  Nursing and personal care, personnel essential to maintaining adequate staff may not leave a licensed facility during their tour of duty in the facility to provide services to persons who are not residents of the facility with the exception of providing emergency care on premises contiguous to the facility's property;

          (4)  Each licensed facility that accepts or retains residents suffering from developmental disabilities or mental diseases shall provide facilities and programs consistent with the needs of such residents;

          (5)  If persons other than residents are accepted for care or to participate in any programs, services, or activities for the residents, their numbers shall be included in the evaluation of central use, activity, and dining spaces; staffing of nursing, dietary, and activity programs; and the provision of an infection control program. Services provided such persons may not infringe upon the needs of the inpatients or residents; and

          (6)  An assisted living center may admit and retain any resident who is able to:

               (a)  Turn self in bed and raise from bed or chair independently or with assist of one staff;

               (b)  Transfer independently or with assist of one staff and do not require a mechanical lift;

               (c)  Complete activities of daily living of mobility or ambulation, dressing, toileting, personal hygiene, and bathing with assist of one staff but less than total assist;

               (d)  Feed self with set up, cueing, and supervision;

               (e)  Complete own ostomy or catheter cares;

               (f)  Display normal expected behaviors for condition that do not place self or others at risk;

               (g)  Complete own injections if scheduled or required or provided by nursing staff if assisted living staffing allows;

               (h)  Manage care for his or her own feeding tube, tracheotomy, or peritoneal dialysis;

               (i)  Remains free from the need for restraints, except for admission to a secured unit;

               (j)  Demonstrate no need for skilled services unless provided by contract with a Medicare certified home health agency or assisted living nursing staff for a limited time with a planned end date;

               (k)  Be free from communicable diseases that place other residents or staff at risk; and

               (l)  Maintain conditions that are stable and controlled that do not require frequent nursing care.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 34-12-7, 34-12-13(5).

          Law Implemented: SDCL 34-12-7, 34-12-13(5).