South Dakota Administrative Rules Title 44 - Department of Health
South Dakota Administrative Rules, Title 44, is the comprehensive set of regulations for the Department of Health (SDDOH). This title outlines the rules, standards, and procedures through which the SDDOH promotes, protects, and improves the health of all South Dakotans.
The SDDOH has a broad mandate covering various aspects of public health, healthcare facility regulation, disease control, vital records, and environmental health. Title 44 formalizes how these responsibilities are carried out.
Here's a breakdown of the key articles and general areas covered within Title 44:
I. Public Health and Environmental Health:
Article 44:02 - Lodging and Food Service: Regulations for the sanitation and safety of hotels, motels, campgrounds, restaurants, and other food service establishments. This includes rules for food handling, storage, preparation, cleanliness of facilities, and worker hygiene to prevent foodborne illnesses.
Article 44:03 - Radiation Safety: Rules for the safe use and handling of sources of radiation, including x-ray machines, radioactive materials, and other radiation-producing equipment, to protect both workers and the public.
Article 44:09 - Public Health Statistics: Regulations governing the collection, reporting, and use of vital records data (births, deaths, marriages, divorces) and other public health statistics, which are crucial for tracking health trends and informing public health policy.
Article 44:12 - Tattooing and Body Piercing: Rules for the licensing, sanitation, and safety of tattoo and body piercing establishments and practitioners to prevent the spread of infectious diseases.
Article 44:19 - Newborn Screening: Regulations for mandatory newborn screening programs (e.g., blood spot, hearing) to detect treatable genetic, metabolic, and congenital disorders early in life.
Article 44:20 - Communicable Disease Control: Comprehensive rules for the surveillance, investigation, and control of communicable diseases, including reporting requirements, isolation, quarantine, and prevention strategies for various infectious diseases (e.g., measles, tuberculosis).
Article 44:22 - Cancer Data Collection: Regulations for the collection of cancer incidence data for the state's cancer registry, which is vital for research, prevention, and control efforts.
Article 44:58 - Drug Control: Regulations related to the control of dangerous drugs, often covering aspects of prescription monitoring, dispensing, and drug enforcement.
Article 44:59 - Health Laboratory: Rules governing the operations and services of the State Public Health Laboratory, which provides testing for various public health purposes (e.g., communicable diseases, environmental samples).
Article 44:65 - Fetal Alcohol Syndrome: Regulations related to programs or efforts to prevent and address Fetal Alcohol Syndrome.
Article 44:81 - Immunization Requirements for School Entry: Specific immunization requirements for children entering public and private schools to prevent the spread of vaccine-preventable diseases.
Article 44:90 - Medical Cannabis: A newer article, detailing the rules for the state's medical cannabis program, including patient registration, qualifying conditions, dispensary licensing, and product safety.
II. Healthcare Facilities and Services (Licensing and Regulation):
Article 44:04 - Medical Facilities (General): Broad regulations that may cover general requirements for various medical facilities.
Article 44:05 - Ambulance Operation: Regulations for the licensing, equipment, staffing, and operation of ambulance services and emergency medical services (EMS) personnel.
Article 44:18 - Health Maintenance Organizations (HMOs): Regulations concerning the operation and oversight of HMOs in the state.
Article 44:23 - Residential Living Centers: Rules for the licensing and operation of residential living centers.
Article 44:66 - Hospital Charge Reporting: Regulations requiring hospitals to report pricing information.
Article 44:67 - Abortion Facilities: Specific licensing and operational standards for facilities providing abortion services.
Article 44:68 - State Trauma Care System: Regulations for the development and operation of the state's trauma care system, including hospital designations and data collection.
Article 44:69 - Birth Centers: Licensing and operational standards for freestanding birth centers.
Article 44:70 - Assisted Living Centers: Comprehensive rules for the licensing, physical environment, management, care services, and resident rights in assisted living centers.
Article 44:73 - Nursing Facilities: Detailed regulations for the licensing, physical environment, management, nursing care, dietetic services, and resident rights in nursing facilities.
Article 44:74 - Nurse Aide: Rules for the training, certification, and registration of nurse aides.
Article 44:75 - Hospital, Specialized Hospital, Critical Access Hospital, and Rural Emergency Hospital Facilities: Extensive licensing and operational standards for various types of hospitals.
Article 44:76 - Ambulatory Surgery Center Facilities: Regulations for the licensing and operation of ambulatory surgery centers.
Article 44:77 - Adult Foster Care: Rules for adult foster care homes.
Article 44:78 - Inpatient Chemical Dependency Treatment Facility: Regulations for facilities providing inpatient chemical dependency treatment.
Article 44:79 - Inpatient Hospice Facilities: Licensing and operational standards for inpatient hospice facilities.
Article 44:80 - Residential Hospice Facilities: Regulations for residential hospice facilities.
Article 44:82 - Community Living Home: Rules for community living homes.
III. Other Programs and General Administrative Rules:
Article 44:06 - Children's Special Health Services: Regulations for programs providing specialized healthcare services to children with special health needs.
Article 44:62 - Declaratory Rulings: Procedures for requesting formal interpretations of the department's rules.
Article 44:63 - J-1 Visa Waiver Program: Regulations related to programs that help place foreign physicians in underserved areas.
Article 44:71 - Rural Healthcare Facility Recruitment Assistance Program: Rules for programs designed to attract healthcare professionals to rural areas.
Article 44:72 - Redistribution of Nursing Facility Beds: Regulations concerning the allocation and transfer of nursing facility beds.
Overall Purpose of South Dakota Administrative Rules, Title 44:
Title 44 serves as the operational blueprint for the South Dakota Department of Health, enabling it to:
Protect Public Health: Through disease control, environmental health standards, and vital records management.
Ensure Quality Healthcare: By licensing and regulating a wide array of healthcare facilities and services, setting standards for patient care, and promoting workforce development.
Address Health Disparities: Through targeted programs like children's special health services and rural healthcare recruitment.
Promote Health and Wellness: By providing guidance and regulations for healthy living, immunization, and addressing specific public health concerns like medical cannabis use.
Maintain Transparency and Accountability: Through clear administrative procedures, reporting requirements, and provisions for public input and appeals.
In essence, Title 44 provides the legal and practical framework for the SDDOH to carry out its critical mission of safeguarding and improving the health and well-being of all South Dakotans.
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