South Dakota Administrative Rules
Title 44 - Department of Health
Article 44:75 - Hospital, specialized Hospital critical access Hospital, and rural emergency Hospital facilities
Chapter 44:75:01 - Rules of general Applicability
Section 44:75:01:05 - Acceptance and retention of patients

(1) A patient accepted for care by a licensed facility shall be housed and treated within the facility;

(2) Healthcare personnel and other personnel essential to maintaining sufficient personnel may not leave a facility during their tour of duty in the facility to provide services to individuals who are not patients of the facility with the exception of providing emergency care on premises contiguous to the facility's property;

(3) A hospital which accepts or retains a patient for other than short-term acute care shall provide the facilities, equipment, programs, and care needed by the patient;

(4) Each facility that accepts or retains a patient with a developmental disability, as defined in SDCL 27B-1-18, or mental disease that causes a patient to lack sufficient understanding or capacity to make responsible decisions to meet the ordinary demands of life, as evidenced by the person's behavior, or that causes the person to be a danger to self or other, shall provide facilities and programs consistent with the needs of the patients;

(5) If a person other than an impatient is accepted for care or to participate in any programs, service, or activity for an inpatient, the person shall be included in the evaluation of staffing of nursing, dietary, and activity programs; and the provision of an infection control program. Services provided to persons other than inpatients may not infringe upon the needs of the inpatients; and

(6) A critical access hospital may provide inpatient acute care up to an annual average length of stay of ninety-six hours.

A facility may not accept or retain a patient who requires care in excess of the classification for which it is licensed.