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WEBSITE OF THE STATE OF SOUTH DAKOTA DEPARTMENT OF HEALTH
Joan Adam, Secretary of Health

Visitation Laws, rules, Regulations, and Guidance

HB 1283 requires the South Dakota Department of Health to post all state laws and rules, and all federal laws, regulations, and guidance documents, which address the visitation of patients in hospitals and residents in nursing facilities and assisted living centers.


ALC ARSD related to visitation:
44:70:04:09.  Disease prevention. Each facility shall provide an organized infection control program for preventing, investigating, and controlling infection. The facility shall establish written policies regarding visitation in the various services and departments of the facility. Any visitor who has an infectious disease, who has recently recovered from such a disease, or who has recently had contact with such a disease shall be discouraged from entering the facility.  Rule stated at 44:75:04:08 for hospitals.

44:70:09:02.  Facility to inform resident of rights. Prior to or at the time of admission, a facility shall inform the resident, both orally and in writing, of the resident's rights and of the rules governing the resident's conduct and responsibilities while living in the facility. The resident shall acknowledge in writing that the resident received the information. During the resident's stay the facility shall notify the resident, both orally and in writing, of any changes to the original information. The information shall contain the following:

             (8)  The resident's right to receive visitors. Visiting hours and policies of the facility shall permit and encourage the visiting of residents by friends and relatives. Visitors may not cause a disruption to the care and services residents receive or infringe on other residents' rights or place an undue burden on the facility.

Nursing Home ARSD related to visitation:
44:73:04:08.  Admission of residents with communicable diseases. A resident who is infected with a communicable disease which is reportable to the department, pursuant to SDCL 34-22-12, may be admitted to a nursing facility if the appropriate infection control measures can be provided by the facility to prevent the spread of the communicable disease. If the facility chooses to admit residents with these diseases or antibiotic resistant organisms, the following conditions must be met:

           (1)  Facility staff shall complete a training program in infection control applicable to the state's reportable diseases list;

           (2)  The facility shall have written procedures and protocols for staff to follow to avoid exposure to blood or body fluids of the affected residents; and

           (3)  The facility shall have written infection control procedures in place and practiced that prevent the spread of antibiotic resistant organisms.

           If, after admission, a resident is suspected of having a communicable disease that endangers the health and welfare of employees or other residents, the facility shall contact a physician, physician assistant, or nurse practitioner and ensure that measures are taken in behalf of the resident with the communicable disease and the other residents to prevent transmission of the disease.

44:73:04:11.  Disease prevention. Each facility shall provide an organized infection control program for preventing, investigating and controlling infection. The facility shall establish written policies regarding visitation in the various services and departments of the facility. Any visitor who has an infectious disease, who has recently recovered from such a disease, or who has recently had contact with such a disease shall be discouraged from entering the facility.

44:73:11:02.  Facility to inform resident of rights. Prior to or at the time of admission, a facility shall inform the resident, both orally and in writing, of the resident's rights and of the rules governing the resident's conduct and responsibilities while living in the facility. The resident shall acknowledge in writing that the resident received the information. During the resident's stay the facility shall notify the resident, both orally and in writing, of any changes to the original information. Visiting hours and policies of the facility shall permit and encourage the visiting of residents by friends and relatives. Visitors may not cause a disruption to the care and services residents receive or infringement on other residents' rights or place an undue burden on the facility.

44:73:11:08.  Privacy and confidentiality. A facility shall provide for privacy and confidentiality for the resident. A facility shall permit residents to perform the following:

           (1)  To visit a spouse or, if both are residents of the same facility, to share a room with the spouse, within the capacity of the facility, upon the consent of both spouses;

           (2)  Except in an emergency, to have room doors closed and to require knocking;

           (3)  To have only authorized staff present during treatment or activities of personal hygiene;

           (4)  To retire and rise according to the resident's wishes, as long as the resident does not disturb other residents;

           (5)  To meet, associate, and communicate with any person of the resident's choice in a private place within the facility;

           (6)  To participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility; and

           (7)  To approve or refuse the release of personal and medical records to any individual outside the facility, except when the resident is transferred to another health care facility or when the release of the record is required by law. With the resident's permission, a facility must allow the state ombudsman or a representative of the ombudsman access to the resident's medical records.

Hospital ARSD related to visitation:
44:75:04:08 Disease prevention for hospitals. Each facility shall provide an organized infection control program for preventing, investigating and controlling infection. The facility shall establish written policies regarding visitation in the various services and departments of the facility. Any visitor who has an infectious disease, who has recently recovered from such a disease, or who has recently had contact with such a disease shall be discouraged from entering the facility.

44:75:11:13 Patient care requirements for swing-bed services. Hospital and critical access hospital swing-bed services shall provide nursing and related care services to meet patients’ care needs at all times. Patient care services shall include at least the following:

           (1)  Patient rights as stated in chapter 44:75:15.

44:75:15:02 Facility to inform swing bed patient of rights. Prior to or at the time of admission, a facility shall inform the swing bed patient, both orally and in writing, of the patient’s rights and of the rules governing he patient’s conduct and responsibilities while in the facility. The patient shall acknowledge in writing that the patient received the information. During the patient’s stay the facility shall notify the patient, both orally and in writing, of any changes to the original information. The patient’s right to receive visitors. Visiting hours and policies of the facility shall permit and encourage the visiting of patients by friends and relatives. Visitors may not cause a disruption to the care and services residents receive or infringement on other residents’ rights or place an undue burden on the facility.

SDCL
34-12-67. Assisted living facility--Resident--Visitation rights.
Each resident of an assisted living facility has a right to receive visitors of the resident's own choosing, at the time of the resident's own choosing, provided the visitation does not impose upon the rights of another resident.
In addition to those persons granted access to a resident in accordance with their official capacities, a facility must provide access to any resident by:

           (1)  A member of the resident's immediate family and other relatives of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent;

           (2)  Any other person visiting with the consent of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent; and

           (3)  Any person providing health, social, legal, or other services to the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent.

34-12-68. Visitation policies and procedures--Limitations and restrictions--Notice--Review.
An assisted living facility shall post on its website, if one exists, and in a conspicuous place within the facility, all policies and procedures pertaining to the visitation rights set forth in § 34-12-67. The facility shall, prior to the signing of an occupancy contract with a resident and at least annually thereafter, provide electronic copies of the visitation policies and procedures to the resident and the resident's designated family members and shall provide printed copies upon request.

If in accordance with federal or state laws, or if in accordance with best clinical practices during a health emergency, the visitation policies and procedures must be limited or restricted, the facility shall inform each resident and designated family members and shall provide electronic or, if requested, printed notices regarding the limitations and restrictions, the reason and rationale for such, and the period of time that the limitations and restrictions are to remain in effect. The facility shall also post such information on its website, if one exists.

Any limitations and restrictions instituted in accordance with this section must be reviewed at least every thirty days. The facility shall provide notice of the review to residents and designated family members, encourage the submission of written and oral comments, and give due consideration to the submissions.

If after the required review the facility determines that the limitations or restrictions are to be continued, the facility shall post notice of the continuation on the facility's website, if one exists, and in a conspicuous place within the facility. The notice must include:

           (1)  The citation of the federal or state law being implemented; or

           (2)  A link to evidence-based research indicating that the continuation is clinically necessary for the health and safety of the residents.

A printed copy of the applicable laws or evidence-based research must be provided upon request.
Source: SL 2021, ch 142, § 2.

34-12-69. Guidance documents--Visitation--Posting requirement.
During a health emergency, each facility shall post on its website, if one exists, a link to the most recent guidance documents provided from or through the Department of Health and pertaining to the imposition of restrictions or limitations on visitation and the conditions under which such restrictions or limitations may be reduced or removed.

Hospitals – federal regulations

  • A-0132 482.13(b)(3) advance directive

  • A-0215 482.13(h) P&P clinically necessary or reasonable restriction/limitation

  • A-0216 482.13(h)(1)&(2) P&P Informing each patient

  • A-0217 482.13(h)(3)&(4) P&P cannot discriminate

CAH – federal regulations

  • C-0812 485.608(a) advance directive

  • C-1054 485.635(f) P&P clinically necessary or reasonable restriction/limitation

  • C-1056 485.635(f)(1)&(2) P&P Informing each patient

  • C-1058 485.635(f)(3)&(4) P&P cannot discriminate

Nursing Home – federal regulations

  • F563 483.10(f)(4) Right to receive or deny visitation

  • F564 483.10(f)(4)(vi) Informing each resident

CMS memo on visitation in nursing homes

 


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