ARSD 67:61 — Ariadne

ARSD 67:61 changed

ARSD 67:61 SUBSTANCE USE DISORDERS

Jurisdiction: SD Agency: South Dakota Department of Social Services, Division of Behavioral Health (also Dept. of Health; Dept. of Human Services)

DETOX (100%) MH_RESIDENTIAL (0%) OUTPATIENT (100%) SUD_IOP (100%) SUD_PHP (100%) SUD_RESIDENTIAL (100%)

Plain-English summary

ARSD Article 67:61 establishes South Dakota's accreditation and operating standards for substance use disorder treatment agencies, covering the full continuum of SUD services including prevention, outpatient, intensive outpatient, day treatment, clinically-managed low-intensity residential, clinically-managed residential detoxification, and medically-monitored intensive inpatient treatment programs. Agencies must apply for and maintain accreditation through the Department of Social Services, comply with governance, personnel, clinical, and records requirements, and submit to comprehensive surveys and corrective action processes. Operators must maintain policies and procedures, statistical reporting, financial audits, and event notification protocols as conditions of accreditation.

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Regulation text

ARTICLE
67
:
61

SUBSTANCE USE DISORDERS

Chapter
67
:
61
:
01
Definitions.
67
:
61
:
02

Accreditation.
67:61:03
Governance.
67:61:04
General management requirements.
67:61:05
Personnel.
67:61:06
Clients
'
rights.
67:61:07
Clinical processes.
67:61:08
Medication control in residential programs.
67:61:09
Dietary services.
67:61:10
Environmental sanitation safety and fire prevention.
67:61:11
Prevention program.
67:61:12
Early intervention program.
67:61:13
Outpatient treatment program.
67:61:14
Intensive outpatient treatment program.
67:61:15
Day treatment program.
67:61:16
Clinically-managed low-intensity residential treatment program.
67:61:17
Clinically-managed residential detoxification program.
67:61:18
Medically-monitored intensive inpatient treatment program.

CHAPTER
67
:
61
:
01

DEFINITIONS

Section

67:61:01:01
Definitions.

67
:
61
:
01
:
01
. Definitions.

Terms
used in this article
mean
:

(1)

"Addiction counselor
,
"
an
individual who meets the standards established by
the Board of Addiction and Prevention Professionals
and
who
is recognized as a licensed addiction counselor or certified addiction counselor

by
the board
;

(2)

"Addiction counselor trainee
,
"
an
individual who meets the standards

established
by,
and
who
is recognized by
,

the Board of Addiction and Prevention Professionals
;

(3)

"Admission
,
" the point in an individual
'
s relationship with an agency or

program when the intake services
are
complete
,
and the individual is eligible to receive and

accept services;

(4)

"Advocate
,
"
an
individual designated by a client to support th
e
client by

speaking or acting on the client's behalf;

(5)

"Agency
,
"
an accredited prevention or treatment
facility
,

defined
in SDCL
34-20A-2
;

(6)

"Agency director
,
" the individual in charge of the overall management of the

agency;

(7)

"Board of directors
,
" the entity legally responsible for the overall operation and

management of an agency;

(
8
)

"Client
,
" an individual receiving alcohol
or
other drug
treatment services
, or gambling treatment

services
,
from an agency;

(9) "Clinically-managed, low-intensity residential treatment program," a residential program that provides services listed in chapter
67:61:16
to a client in a structured environment designed to aid re-entry into the community;

(10) "Clinically-managed, residential detoxification program," a short-term residential program that provides services listed in chapter
67:61:17
, through the supervised withdrawal from alcohol or other drugs, for an individual not having a known serious physical or immediate psychiatric complication;

(1
1)
"Collateral contact
,
" telephone or face-to-face contact with an individual
,
other

than the identified client
,
in order to plan appropriate treatment to
:

(a) A
ssist
the
individual
,
so the

individual can respond therapeutically to the client's substance abuse problem
;
or
(b) R
efer

the client, family, or both, to other necessary community supports;

(
12
)

"Continued service criteria
,
" criteria to describe the clinical severity and degree

of resolution of a client
'
s alcohol or other drug problem and indicate the intensity of the

services needed in determining continuing care;

(1
3
)

"Continuing care
,
" the provision of a treatment plan and organizational

structure
to
ensure a client receives the care needed, particularly at the

point of discharge or transfer from the current level of care. The
continuing care
treatment program

flexible and tailored to the shifting needs of the client and level of treatment acceptance or

adherence;

(
14
)

"Co-occurring disorder
,
" a mental health condition
that presents
in combination with a substance use problem, trauma issues, problem gambling, medical

issues, or developmental disabilities;

(
15) "
Crisis intervention
,"
services provided to an individual experiencing a crisis

situation related to
the individual's
use of alcohol or other drugs,
and
crisis situations
in which
co
-
occurring

mental health symptoms may be present
, with a
focus
on restoring
the individual to the level of functioning before the crisis or
providing

a
means to place

the individual into a secure environment;

(16) "Day treatment program," an accredited program that provides services listed in chapter
67:61:15
to a client, in a clearly defined, structured, intensive treatment program;

(1
7
)

"Department
,
"

the Department of Social Services;

(
18
)

"Discharge summary
,
" a narrative summary of a client's treatment record,

including the reason for the client's admission, clinical problems, accomplishments during

treatment,
and
reason for discharge, and
which
may include a recommendation or referral for further

services;

(
19
)

"Diversion services
,
" services intended to divert a person at high risk for

alcohol, tobacco,
or
other drug use, abuse, and dependency;

(
20
)

"
Early intervention program,
"
an accredited nonresidential program that provides services listed in chapter
67:61:12
to individuals who may have substance use related problems, but do not meet the diagnostic criteria for a substance use disorder
;

(2
1
)

"Family counseling
,
" the face-to-face
or telehealth
interaction between an addiction

counselor or
addiction
counselor

trainee, a client, and a family member of the client
,
for a therapeutic purpose related to the client
'
s treatment program;

(2
2
)

"Group counseling
,
" the face-to-face
or telehealth
interaction between an addiction

counselor or addiction counselor

trainee and
at least
two clients
,
for a specific therapeutic

purpose,
provided the number of clients does
not exceed
fifteen,
unless otherwise dictated by the evidence-based practice
used;

(2
3
)

"High risk
,
" an individual who is exposed to or experimenting with

alcohol or other drugs
,
and possesses multiple risk factors for substance abuse;

(2
4
)

"Individual counseling
,
" the face-to-face
or telehealth
interaction between an addiction

counselor or
addiction
counselor

trainee and an individual client for a specific therapeutic purpose;

(2
5
)

"Integrated assessment
,
" the gathering of information and engaging in a

process with
a
client
to enable the provider to:

(a) E
stablish the presence or absence of a co
-
occurring

disorder
;
(b) Identify
a client
'
s strengths and

needs
;
(c) Determine
the client's motivation and readiness for change
;
and
(d) E
ngag
e
the client

in the development of an appropriate treatment relationship
in which
an individualized

treatment plan can be developed;

(26) "Intensive outpatient treatment program," an accredited nonresidential program that provides services listed in chapter
67:61:14
to a client, in a clearly defined, structured, and intensive outpatient treatment program, on a regularly scheduled basis;

(
27
)

"Intern
,
" a college
or university
student gaining supervised practical experience;

(
28
)
"
Management
i
nformation
s
ystem
,"
a system designed to collect,

store, and report treatment and treatment outcome data;

(
29
)
"
Medical directo
r,
” the
individual
responsible for providing care and
overseeing the provision
of

medical care to a client in an accredited agency;

(30) "Medically-monitored, intensive inpatient treatment program," an accredited residential treatment program that provides services listed in chapter
67:61:18
, to an individual in a structured environment;

(
31)
"Mental disorder
,
"
a
substantial organic or psychiatric disorder of thought,

mood, perception, orientation, or memory
,
as specified within the
Diagnostic and Statistical Manual of Mental Disorders, 5
th
Edition,
criteria.
An i
ntellectual disability, epilepsy,
an
other developmental

disability, alcohol
abuse,
substance abuse, brief periods of intoxication, or criminal

behavior do not, alone, constitute
a
mental
disorder
;

(
32
)

"Nonresidential program
,
" an accredited program that provides alcohol and

other drug abuse treatment and prevention services
,
on a less than
twenty-four-
hour
per
day basis
,

but
do
es
not provide housing for clients;

(33) "Outpatient treatment program," an accredited nonresidential program that provides services listed in chapter
67:61:13
, to a client or a person harmfully affected by alcohol or other drugs, through regularly scheduled counseling services;

(
34
)

"Prevention program
,
" an accredited program
that provides
services listed in

chapter
67:61:11
through a planned and recurring sequence of multiple, structured activities

to inform, educate, impart skills, and provide appropriate referrals for

other services, through the practice and application of recognized prevention strategies;

(
35
)

"Program
,
" an organized system and specific level of services
,
offered by an

agency
, and
designed to address the treatment needs of a client;

(
36
)

"Residential program
,
" an accredited program that provides
room and board,
in addition to alcohol and other drug abuse treatment services
twenty-four hours per day, seven days per week
;

(
37
)

"Services
,
" direct or indirect contact between a client or a group of clients

and agency staff
,
for the purpose of diagnosis, evaluation, treatment, consultation, or other

necessary direct assistance in providing comprehensive treatment;

(
38
)

"Substance use disorder
,"
a diagnosable substance use condition
or
diagnosed gambling disorder;

(39) "Telehealth," a method of delivering services, including interactive audio-visual or audio-only technology, in accordance with SDCL chapter
34-52
;

(
40
)

"Transfer
,
"
the
movement of
a
client from one level of service to another;

(
41
)

"Treatment plan
,
" a written, individualized, and comprehensive plan
that is
based

on information obtained from
an
integrated assessment
, is designed to improve a client's condition,
and includes treatment goals or

objectives for primary problems that indicate a need for treatment services;
and

(
42
)

"Work therapy
,
" a therapeutic task
that is
based on the client's physical abilities,

interest level, and proficiency
, and

is
used to habilitate or rehabilitate a client.

Source:

43
SDR
80
, effective
December 5, 2016; 48 SDR 14, effective August 22, 2021; 50 SDR 63, effective November 27, 2023; 52 SDR 126, effective July 1, 2026
.

General Authority:
SDCL
1-36-25
,
34
-
20A
-
27
.

Law Implemented:
SDCL
34-20A-27
.

Reference: DSM-5 -- Diagnostic and Statistical Manual of Mental Disorders
,

Fifth Edition, published by the American Psychiatric Association, 1000 Wilson

Boulevard, Suite 1825, Arlington, VA 22209-3901. Cost: $199.00.

CHAPTER
67
:
61
:
02

ACCREDITATION

Section
67
:
61
:
02
:
01
Definitions.
67:61:02:02
Access by the
department
.
67:61:02:03
Accreditation of agencies by service.
67:61:02:04
Application for accreditation.
67:61:02:05
Policies and procedures subject to approval.
67:61:02:06
Provisional accreditation and comprehensive survey.
67:61:02:07
Extension of accreditation period.
67:61:02:08
Renewal of accreditation
-- C
omprehensive survey.
67:61:02:09
Comprehensive survey report
-- P
lan of correction.
67:61:02:10
Reasons for placing an agency on probation.
67:61:02:11
Probation procedures.
67:61:02:12
Suspension or revocation procedures.
67:61:02:13
Acceptance of new clients prohibited.
67:61:02:14
Delay in meeting requirements.
67:61:02:15
Denial of accreditation.
67:61:02:16
Reconsideration of application for accreditation.
67:61:02:17
Appeal procedure.
67:61:02:18
Time and place of hearing.
67:61:02:19
Accreditation certificate nontransferable.
67:61:02:20
Changes requiring notification.
67:61:02:21

E
vent notification.

67
:
61
:
02
:
01
. Definitions.
Terms used in this chapter mean:

(1)
"
Comprehensive survey,
"
a planned
,
on-site survey of an agency
,
by a team of

representatives from the
department
for the purpose
s
of evaluating compliance with the

standards for accreditation renewal and assessing the quality of services provided;

(2)
"
Plan of correction,
"
a plan created by an agency to organize the process of

making improvements in clinical or administrative practice
,
in order to address issues
that are
identified by the
department

and
require corrective action or improvement to meet the

requirements of this article;

(
3
)

"Probation," a status of restricted accreditation of an agency that fails to follow

the requirements for accreditation;

(
4
)

"Revo
cation
," the permanent withdrawal of an alcohol or other drug abuse agency's

accreditation by the
department
;

(
5
)
"
Root cause analysis,
"
a process to identify the fundamental reason for a

failure or
an
inefficiency of process that allowed for a mistake
,
including the occurrence or

possible occurrence of a sentinel event, to determine how to change procedures so

mistakes are less likely, and then make the change; and

(
6
)
"
Suspension," the temporary withdrawal of an

agency's accreditation by the
department
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
,
34-20A-44
.

67
:
61
:
02
:
02
. Access by the
department
.
The
department
shall monitor each agency for

continued compliance with this article
,
regardless of the term of an agency
'
s accreditation

certificate. An agency is subject to review
,
with or without notice
,
by the
department
.
An agency shall provide the department with
complete access to all clients and staff, and to all client, staff,

financial, and administrative program records needed to determine whether the agency

meets the requirements of SDCL chapter
34-20A
and this article. The requirements for

the
department
to review and copy records are those contained in 42 C.F.R. Part 2
, in effect on January 18, 2017
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34
-
20A
-
27
.

Law Implemented:
SDCL
34-20A-27
,
34-20A-44
,
34-20A-44
.1
.

67
:
61
:
02
:
03
. Accreditation of agencies by service classification.
An agency

that provides substance use disorder services may apply for accreditation by the
department
.

An agency shall comply with the rules in this article that apply to service classifications

for which the accreditation is granted. An agency may apply for one or more of the

following service classifications:

(1)

Prevention;
(2)

Outpatient services
including
early intervention programs, outpatient

treatment programs, and intensive outpatient treatment programs;
(3)

Day treatment program;
(4)

Clinically-managed
,
low-intensity residential program;
(5)

Clinically-managed
,
residential detoxification program; and
(6)

Medically-monitored
,
intensive inpatient treatment program.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34
-
20A
-
27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
04
. Application for accreditation.
An agency seeking to operate an

accredited alcohol, other drug, or gambling program shall submit an application for

accreditation to the
department
.
The department shall return and not consider an incomplete application submitted by an agency.
The
department
shall make accreditation application forms

available upon request to an agency seeking initial accreditation or seeking to add a new

level of care to a
current accreditation
.

If an agency is seeking
the
renewal of
an
accreditation, the
department must
provide the

necessary application forms
to
the agency at least
sixty
days before the expiration of the

agency
'
s current accreditation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
05
. Policies and procedures subject to approval.
All agency policies
and
procedures
must comply with and carry out the
requirements of article
67:61

and
are subject to the approval of the
department
as part of the accreditation process.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34
-
20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
06
. Provisional accreditation and comprehensive survey.
The
department
may grant provisional accreditation to an agency seeking accreditation for the first time or

to an agency previously accredited to regain accreditation. A provisional accreditation

certificate may only be issued upon submission of a completed application and a

preliminary comprehensive survey by the
department
to determine compliance with this article

and the requirements of SDCL chapter
34-20A
.

A provisional accreditation expires after six months and may not be extended

except with the approval of the
department. An extension under this section may not exceed
three months.
The department shall conduct a
follow-up
,
comprehensive survey
,
prior to the expiration of the
agency's
provisional accreditation
,
to determine if the

requirements of SDCL chapter
34-20A
and this article have been met
. At that time, the department shall
:

(1)

Grant a one
-
year accreditation certificate for a new agency;
(2)

Grant accreditation up to the end date of the original certification for a currently

accredited agency
who wants to change the level of care for which they are currently accredited
; or
(3)

Deny accreditation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
07
. Extension of accreditation period.
The
department
may extend

the period of accreditation to accommodate
department
on-site scheduling delays. No extension
may
exceed a

period of one year beyond the certificate expiration date.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
08
. Renewal of accreditation -
C
omprehensive survey.

Each
agency

currently accredited by the
department
shall participate in a comprehensive survey to

determine compliance with the requirements of this article and SDCL chapter
34-20A
prior to the renewal of accreditation
. The
department
shall notify the agency of the date of the comprehensive survey.

The
department
shall
determine whether, based on the survey, the agency complied
with SDCL chapter
34-20A
and this article
,
within
ninety
days of the comprehensive survey
. The determination must be
based on the

evaluation of each component of the accreditation application and materials reviewed
.

As a result, the department may
:

(1)

Issue a three
-
year accreditation certificate
,
if an agency is in compliance with
ninety
percent or more of the requirements and submits a plan of correction
that is
approved by the
department and
addresses all areas of noncompliance;

(2)

Issue a two
-
year accreditation certificate
,
if an agency is in compliance with
seventy
to
eighty-nine
percent of the requirements and submits a plan of correction
that is
approved by the
department and
addresses all areas of noncompliance;

(3)

Place an agency on probation for not more than
six
months
,
if an agency is in

compliance with less than
seventy
percent of the requirements. If the agency successfully

completes a plan of correction approved by the
department
, addresses all areas of

noncompliance, and attains at least
seventy
percent during a comprehensive survey at

the end of the probationary period, the
department

must
issue a one
-
year accreditation

certificate; or

(4)

Deny accreditation if the agency fails to
substantially comply with
the requirements of SDCL chapter

34-20A
and this article or fails to submit a plan of correction approved by the
department
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
09
. Comprehensive survey report -
-

P
lan of correction.
The
department
shall
,
within
thirty
days following the comprehensive

survey
,

report its
findings
to the agency
. If an agency is not in compliance with this article
and SDCL chapter
34-20A
, the
department must
notify the agency of the areas of

noncompliance in the accreditation report.
In response to any areas of noncompliance, t
he agency
must
submit a plan of correction to

the
department
within
thirty
days of
receiving
the accreditation report. The plan
must
include

the action to be taken to correct the areas of noncompliance and the date the action is to be

completed. The plan of correction is subject to acceptance or rejection
,
in whole or in part
,
by the
department
. The
department
shall
,
within
thirty
days of
receiving
the plan of

correction
, notify the agency
of the
department'
s decision regarding approval or disapproval of the plan and the accreditation status of the agency. The
department
may conduct a follow-up

review of the agency to evaluate the corrections. Failure to submit a plan of

correction or failure to have the plan of correction approved by the
department
will result in

probation, suspension, or revocation of accreditation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
,
34-20A-44
.

67
:
61
:
02
:
10
. Reasons for placing an agency on probation.
The
department
may

place an agency on probation if
the department determines
:

(1)

The agency is in compliance with less than
seventy
percent of the requirements of

this article and SDCL chapter
34-20A
;
(2)

The agency
failed
to follow through with the plan of correction to address the

areas of noncompliance noted by the
department in
the accreditation report;
(3)

The agency has serious infractions of this article that affect the overall

continuity of care or safety of clients;
(4)

The agency falsifie
d
information provided to the
department
for accreditation or

funding purposes;
(5)

The agency participate
d
in, condone
d
, or permit
ted
illegal acts;
(6)

The agency
participated in, condoned, or permitted
fraud, deceit, or coercion;
(7)

The agency fail
ed
to comply with licensing and other standards
that are
required by

federal or state laws, rules, or regulations; state and federal confidentiality laws; and this

article
;

and the noncompliance results
in practices that are detrimental to the welfare of a client; or
(8)

The agency refuse
d
to allow the
department
access for a comprehensive survey, a

complaint review, or any necessary follow-up review.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
11
. Probation procedures.
If the
department
determines
there is
sufficient cause to place an agency on probation:

(1)

The
department must
send the agency written notice of probationary status and

areas of noncompliance;
(2)

The agency
must
develop and submit a plan of correction
,
pursuant to §

67:61:02:09
,
within
thirty
days of
the receipt of the
notice of probationary status;
and
(3)
Within five business days after receiving
the plan of correction, the
department must
notify the agency

of the
department's
decision to approve
or deny
the plan of correction
.

The
department

must
conduct a site visit
,
at least once during the probationary

period
,
to monitor
the agency's
progress on
the
plan of correction.

At the end of the probationary

period, the
department
shall conduct a comprehensive survey of the agency and
g
rant a one year accreditation certificate
,

provided
the agency has obtained at least
seventy
percent compliance during the final comprehensive survey;
s
uspend the agency's accreditation; or
r
evoke the agency's accreditation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
12
. Suspension or revocation procedures.
The
department
shall provide

written notice to an agency of the
department's
intent to suspend or revoke the agency's

accreditation.

The suspension or revocation is effective
fifteen
days after receipt of the notice. The

notice
must
contain the reason for the
department's
action,
describe the process by which
the agency
may
request reconsideration by the
department
, and
describe
the appeal process.

An agency
'
s request for reconsideration
must
be in writing and
be
received by the
department
within
fifteen
days
from the date the agency received the notice
of suspension or revocation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross Reference:
Acceptance of new clients prohibited, §
67:61:02:13
.

67
:
61
:
02
:
13
. Acceptance of new clients prohibited.
An agency that has been

placed on probation or whose accreditation has been suspended is prohibited from

accepting new clients until the
department
approves the plan of correction.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
14
. Delay in meeting requirements.
The
department
may grant an agency

a delay in meeting the requirements of this article to avoid undue hardship on the agency

if the
department
determines that allowing a delay would be in the best interest of the
agency's
clients.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-3-1
,
27A-5-1
.

67
:
61
:
02
:
15
. Denial of accreditation.
If the
department
denies
the
accreditation
of
an

agency, the
department must
send notice of the denial to the agency by certified mail, return

receipt requested, within
sixty
days of the final review. The notice of denial
must
inform

the agency that the denial is effective
fifteen
days after receipt of the notice.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
16
. Reconsideration of application for accreditation.
An agency may

request
that
the
department
reconsider an application. The request
must
be in writing and sent

within
fifteen
days after receipt of the denial of accreditation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
17
. Appeal procedure.
An agency may appeal to the secretary of the

department any denial, revocation, or suspension of certification, or placement on probation

by the
department
. An appeal
under this section must
be sent by certified mail within
fifteen
days after receipt of notification of the
department's
action and
must include a
request
for
a fair hearing

pursuant to SDCL chapter
1-26
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross Reference:
Fair hearings, chapter
67:17:02
.

Rule 67:61:02:18 Time and place of hearing.

67
:
61
:
02
:
18
. Time
and place of hearing.

A fair hearing by an impartial hearing

officer shall be held within 45 days after
the department receives a request for a fair

hearing. The hearing officer shall set a
time and place for the hearing at the earliest

reasonable time. The hearing
officer may continue the hearing at the request of any party

involved and upon
agreement by the parties to a specific extension of time.

Source:

43
SDR
80
, effective
December 5, 2016
.

General
Authority:
SDCL
34-20A-27.

Law
Implemented:
SDCL
34-20A-27.

67
:
61
:
02
:
19
. Accreditation certificate nontransferable.
A certificate issued by

the
department
applies only to the applicant agency, the original facilities, and

program classifications for which the certificate was issued. The agency shall notify the
department
in writing within
thirty
days before a change of ownership, facility, or

program for a determination on continued accreditation. A new application for

accreditation
must
be filed if there is a change of ownership, facility, or program.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
20
. Changes requiring notification.
An accredited agency shall notify

the
department
before a change in the agency director, a reduction in services

provided by the agency, or
the
impending closure of the agency
. Upon receiving a notification under this section, the department must make
a determination on
the agency's
continued accreditation.

An accredited agency shall give the
department thirty days'
written notice of closure. The

agency shall provide the
department with
written documentation
outlining the manner in which
safe storage of financial

records
will be provided,
for at least six years from the date of closure, and
safe storage
of client case records
will be provided,
for
at least
six years from
the date of
closure
, as
required by 42 C.F.R. §

2.19,
in effect on October 1, 1999
.

The
department
may assist in
arranging
for

the continuation of services to clients by another accredited agency before the closing.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
02
:
21
.
E
vent notification.
Each accredited agency shall make a

report to the
department
within
twenty-four
hours of any
:
death not primarily

related to the natural course of the client
'
s illness or underlying condition, permanent

harm
to a client
, or severe temporary harm
to a client
, and
any
intervention required to sustain life
to a client
.

The agency shall submit a follow-up report to the
department
within
seventy-two
hours and
must
include:

(1)

A written description of the event;
(2)

The client
'
s name and date of birth; and
(3)

Immediate actions taken by the agency.

Each agency shall develop
a
root cause analysis
policy
and procedures to utilize in

response to
any event requiring notification
.

Each agency shall report to the
department,
as soon as possible
,
any fire with

structural damage or
in which
injury or death occurs
;
any partial or complete evacuation of

the
agency
resulting from natural disaster
;
any loss of utilities,
including
electricity,

natural gas,
and phone lines;

and any loss of an
emergency generator, fire alarm
s
, sprinklers, and other critical

equipment necessary for operation of the
agency
for more than
twenty-four
hours.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
03

GOVERNANCE

Section

67:61:03:01
Articles of
incorporation.

67:61:03:02
Board of director
policies.

67:61:03:03
Board meetings and
minutes of meetings.

67:61:03:04
Discrimination in
services prohibited.

67
:
61
:
03
:
01
. Articles of incorporation.
Each agency that is not a governmental

agency or
a
federally recognized tribe

must be incorporated as or as part of a business corporation or a nonprofit corporation, in accordance with SDCL chapters
47-1A
and
47-22
to
47-28
, inclusive, as applicable, if the agency provides
:

(1) Intensive
outpatient treatment services
;
(2) D
ay treatment services
;
(3) C
linically-managed
,
residential detoxification services
;
(4) M
edically
-
monitored
,
intensive inpatient treatment services
;
or
(5) C
linically-managed
,
low-intensity

residential treatment services.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
03
:
02
. Board of director policies.
An agency operating as a nonprofit

corporation
must
have a board of directors. The board of directors shall establish policies

that govern the overall management of the agency and reflect community concerns and

interests.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
03
:
03
. Board meetings and minutes of meetings.
The board of directors of

each agency with a board shall meet at least quarterly.
The agency must keep the m
inutes of all board meetings. The minutes
must contain
:

(1)

The date of the meeting;
(2)

The names of
board
members
in attendance
;
(3)

The topics discussed;
(4)

The actions taken;
(5)

A summary of the agency director's report; and
(6)

Any fiscal reports.

The agency shall make the minutes available for review by the
department
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
03
:
04
. Discrimination in services prohibited.
No agency may deny any

person equal access to its facilities or services on the basis of race, color, religion, gender,

ancestry,
or
national origin
.

No agency may deny any person equal access to its facilities or services on the basis of
mental or physical illness, or disability
,
unless
the
illness or

disability makes treatment offered by the agency non-beneficial or hazardous. Each agency

shall ensure that
it complies
with the Americans with Disabilities Act, 42 U.S.C. §§

12101 et seq.
, in effect on
September 25, 2008
,

and
28 C.F.R. Part 36
,

in effect on January 17, 2017
.

The agency shall provide referral services to individuals not admitted to treatment.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
20-13-23
,
20-13-23
.1,
34-20A-27
.

CHAPTER
67
:
61
:
04

GENERAL MANAGEMENT REQUIREMENTS

Section
67:61:04:01
Polic
y
and procedures manual.
67:61:04:02
Statistical data.
67:61:04:03
Compliance --
c
ase record review.
67:61:04:04
Retention of records.
67:61:04:05
Accounting systems, cost reporting, and annual audit.
67:61:04:06
Fees for services.
67:61:04:07
Client orientation.
67:61:04:08
Description of services.
67:61:04:09
Staffing, training, and hours of operation.
67:61:04:10
Support services directory.

67
:
61
:
04
:
01
.
Policy
and procedures manual.
Each agency shall
establish
a manual
that sets forth policy and procedures
to
ensure
compliance with this article
.

Each agency shall review and update
the manual.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-5-1
.

67
:
61
:
04
:
02
. Statistical data.
Each agency shall submit
to the department
statistical data

on each client receiving services in
a
manner agreed upon by the
department
and the agency. The agency shall provide statistical data on all services in accordance

with the state
m
anagement
i
nformation
s
ystem, and any

other data required by the
department
and state and federal laws and regulations.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Rule 67:61:04:03 Compliance - case record review.

67
:
61
:
04
:
03
. Compliance
- case record review.

Each agency shall establish an

ongoing compliance review process for the review of
case records to assure the quality

and appropriateness of services. Agency
staff shall be informed of the review process,

and the review process shall be
made a part of the agency's policies and procedures

manual. The agency
shall have a procedure to address any issues discovered during the

compliance review
process.

Source:

43
SDR
80
, effective
December 5, 2016
.

General
Authority:
SDCL
27A-5-1.

Law
Implemented:
SDCL
27A-3-1,
27A-5-1.

67
:
61
:
04
:
04
. Retention of records.
Each agency shall retain all financial records,

client case records, and documentation of services provided
,
for at least six calendar years

post-treatment
.

If a client is under the age of eighteen on the last date of treatment, records must be retained for
at least six calendar years after the client reaches
the
age
of eighteen
. Records may not be destroyed
while
an audit or investigation is

pending.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-3-1
,
27A-5-1
.

67
:
61
:
04
:
05
. Accounting systems, cost reporting, and annual audit.

Each
agency shall maintain an accounting system pursuant to generally accepted

accounting principles. If requested by the department, the agency shall submit to the

department a copy of an annual entity-wide, independent financial audit. The audit
must
be

completed and filed with the department by the end of the fourth month following the end

of the fiscal year being audited.

Each audit must
contain, as part of the supplementary information, a cost report as

outlined by the department. If applicable, the audit
must
be conducted in accordance with

2 C.F.R. Part 200, Subpart F, in effect on August 13, 2020.

In the case of
an entity-wide, independent financial audit or
a single
audit, the agency

shall
ensure the
resolution of all interim audit findings. The agency shall facilitate and aid any

reviews, examinations, and agreed
-
upon procedures the department or any contractor

may perform.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross
Reference:

Single audit, 2 C.F.R. § 200.501(b)
.

67
:
61
:
04
:
06
. Fees for services.
Each agency shall adopt a schedule of fees for

services
and shall base the fees on the client's ability to pay.
The agency shall provide its clients, referral resources, the public, and the department with up-to-date fees for services, including the fee per unit of service and any standard fees not included in the unit rate charged by the agency
.

The agency shall make every effort to collect payme
nt from clients for services in accordance with its fee

schedule
and
collect reimbursement for costs of

services for all clients from other third-party sources.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
04
:
07
. Client orientation.
The agency shall develop
policy
and

procedures to ensure
that a new client receives
orientation to the program at or before
the
time of admission
,
or as soon thereafter as possible. The orientation
must
include:

(1)

The agency's purpose and a description of the treatment process;
(2)

All relevant agency
policy
;
(3)

The hours during which services are available;
(4)

The fees for services and the responsibility for payment
of
those fees;
(5)
Information on the right
to confidentiality
,
in accordance with 42

U.S.C. §

290 dd-2
,

in effect on March 27, 2020
, 42 C.F.R. Part 2
,

in effect on January 18, 2017
, and 45

C.F.R. Part
s
160 and 164
,

in effect on
September 26, 2016; and
(6)

The rights of the client while receiving services in accordance with
§§
67:61:06:01
and
67:61:06:02
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
04
:
08
. Description of treatment services.
The agency shall provide
,
to all staff members, clients, the
department, and upon request, to the public, a written description of each service offered
. The description
must
include:

(1)

The eligibility criteria contained in §

67:61:12:01
,
67:61:13:01
,
67:61:14:01
,

67:61:15:01
,
67:61:16:01
,
67:61:17:01
,
or
67:61:18:01
;
(2)

The continued services criteria contained in §

67:61:07:07
;
(3)

The discharge criteria contained in §

67:61:07:09
;
(4)

The
policy
and procedures governing client use of alcohol or other drugs while

participating in treatment; and
(5)
The frequency and duration of
services and activities
offered
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
04
:
09
. Staffing, training, and hours of operation.
Each agency shall have
policy
and procedures to respond to potential medical emergencies that clients

may encounter while residing at the
agency
. Each agency
that provides
treatment services shall

provide adequate staffing, training, and hours of operation at the following levels:

(1)

Early intervention, outpatient programs, and intensive outpatient treatment

programs shall
have
counseling staff on duty at all times during scheduled hours of

program operation or available by phone. The agency shall post the hours that the agency is

open to the general public in a prominent place on the premises. The agency shall have
an
on-call system
, available seven days a week, twenty-four hours a day,
for client access to program services
,
in the

event of an emergency;

(2)

Day treatment programs without residential services shall
have
counseling staff on duty at all times during scheduled hours of program operation. The

agency shall post the hours that the agency is open to the general public in a prominent

place on the premises. The agency shall have
an
on-call

system
, available seven days a week, twenty-four hours a day,
for client access to program services
,
in the event of an emergency;

(3)

Day treatment with residential services and clinically-managed
,
low-intensity

residential treatment programs shall operate
seven
days a week,
twenty-four
hours a day. The agency

shall have
, on duty at all times,
a staff member
who is
trained to respond to fires and other natural disasters
,
as well as to

administer emergency first aid and
cardiopulmonary resuscitation
. An addiction counselor or
an addiction
counselor trainee
must
be available to the clients at least
eight
hours a day,
five
days a week, and
must
be available on-call,
twenty-four
hours a day. The agency shall maintain written staff

schedules
,
which
must
be available to the
department
at the time of the accreditation survey;

(4)

Clinically-managed
,
residential detoxification programs shall operate
seven
days a

week,
twenty-four
hours a day whenever clients are present.
If
no clients are present, a staff

member
must
be on call to open the facility
,
if necessary. When the agency is open, a staff

member who is trained
, in accordance with §
67:61:17:06
,
to respond to fires and other natural disasters
,
as

well as to administer emergency first aid and
cardiopulmonary resuscitation, must be on duty
. An addiction counselor or
an addiction
counselor trainee
must
be

available to clients at least
eight
hours a day,
five
days a week, and available on-call,
twenty-four
hours

a day. The agency shall maintain written staff schedules
,
which
must
be available to the
department
at the time of the accreditation survey; and

(5)

Medically-monitored
,
intensive inpatient treatment programs shall operate
seven
days a week,
twenty-four
hours a day. The agency shall have
, on duty at all times,
a staff member
who is
trained to respond to

fires and other natural disasters
,
as well as to administer emergency first aid and
cardiopulmonary resuscitation
. Training and annual training updates in each area
must
be documented in
the staff members'
personnel files. Nursing staff
must
be on-call
twenty-four
hours a day,
seven
days a week. Counseling

staff shall be on duty during normal daytime hours and must be on-call,
twenty-four
hours a day,
seven
days a week. The agency shall maintain written staff schedules
,
which
must
be available to

the
department
at the time of the accreditation survey.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
04
:
10
. Support services directory.
The agency shall maintain an electronic

or
printed
directory with the name, address
,
and telephone number of credentialed

service providers available to provide the agency
'
s clients with
the following services, if applicable
:

(1)

Alcohol and other drug services;
(2)

Social and mental health services;
(3)

Medical services;
(4)

Employment services;
(5)

Education and educational counseling;
(6)

Vocational evaluation and counseling;
(7)

Continuing care services;
(8)

Legal services; and
(9)

Pastoral services.

The agency shall make the directory available to clients at all times and to the
department
at the time of inspection.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
05

PERSONNEL

Section
67:61:05:0
1

Tuberculin screening requirements.
67:61:05:02
Agency director.
67:61:05:03
Qualifications of addiction counselors.
67:61:05:04
Qualification of staff providing prevention services.
67:61:05:05
Orientation of personnel.
67:61:05:06
Employee
and other personnel
supervision.
67:61:05:07
Clinical supervision.
67:61:05:08
Personnel policies and records.
67:61:05:09
Organizational chart.
67:61:05:10
Workforce development and training.
67:61:05:11
Volunteers.
67:61:05:12
Office of Inspector General Medicaid exclusion list.

67
:
61
:
05
:
01
. Tuberculin screening requirements.
Tuberculin screening

requirements are as follows:

(1)

Each new staff member, intern, and volunteer
must
receive
both steps of
the two-step tuberculin skin test or a
tuberculosis
blood assay test to establish a baseline
,
within
fourteen
days of

employment. Any two documented tuberculin skin tests completed within a
twelve
month

period before the date of employment
may
be considered a two-step
test and
one
tuberculosis
blood assay

test completed within a
twelve
month period before employment
may
be considered an adequate

baseline test. Skin testing or
tuberculosis
blood assay tests are not required if a new staff
member
, intern
,
or

volunteer provides documentation of the last skin testing completed within the prior
twelve
months. Skin testing or
tuberculosis
blood assay tests are not required if documentation is provided

of a previous
positive
reaction to either test;

(2)

A new staff member, intern, or volunteer
,
who provides documentation of a

positive reaction to the tuberculin skin test or
tuberculosis
blood assay test
must
have a medical

evaluation and chest X-ray to determine the presence or absence of the active disease;

(3)

Each staff member, intern
,
and volunteer
,
with a positive reaction to the

tuberculin skin test or
tuberculosis
blood assay test
,

must
be evaluated annually by a physician, physician assistant, nurse practitioner, clinical nurse specialist, or a nurse
,
and a

record
must be
maintained of the presence or absence of symptoms of
Myobacterium
tuberculosis.

If
the
evaluation results in
a
suspicion of active tuberculosis, the physician
,

physician assistant, nurse practitioner, clinical nurse specialist, or a nurse, must
refer the staff member, intern, or volunteer for further medical evaluation to confirm the

presence or absence of tuberculosis; and

(4)

Any employee confirmed or suspected to have infectious tuberculosis
must
be

restricted from employment until a physician
, physician assistant, nurse practitioner, or clinical nurse specialist,
determines that the employee is no longer

infectious.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Reference: Guidelines for Preventing the Transmission of
Mycobacterium

tuberculosis
in Health-Care Settings, 2005.
"Centers for Disease Control and Prevention

Morbidity and Mortality Weekly Report," December 30, 2005/Vol. 54/No.RR-17.

Copies are available free of charge from the following website:
https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5417a1.htm.

67
:
61
:
05
:
02
. Agency director.
Each agency shall have an agency director whose

qualifications, authority, and duties are
described
in writing. The agency director
must
be

knowledgeable
about
substance use disorder
treatment and
services
,
and possess administrative skills. If the

agency has a board of directors, the board
must
appoint the director. The director shall represent the board and be charged with the day-to-day

management of the agency. The board shall ensure that, at the time of

employment, the agency director has knowledge of the administrative rules pertaining to

substance use disorder
treatment and services
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
05
:
03
. Qualifications of addiction counselors.
All agency staff
that provide
addiction counseling shall meet the standards for addiction counselors or addiction

counselor trainees
as established by the Board of Addiction and Prevention Professionals
. A certificate and identification

card issued by
the board
is evidence of meeting the standards for an addiction counselor or

certificate of recognition for an addiction counselor trainee.
An addiction c
ounselor
must obtain
certification
and an addiction counselor
trainee
must obtain
recognition before performing any addiction counseling functions.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross

Reference:
Addiction and prevention professionals, article
20:80
.

67
:
61
:
05
:
04
. Qualifications of staff providing prevention services.
Agency

staff providing prevention programming shall complete the Substance Abuse Prevention

Skills Training or Foundations of Prevention within one year of
being hired
. Evidence

of completion
must
be placed in the staff member
'
s personnel file.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
05
:
05
. Orientation of personnel.
The agency shall provide orientation for

all staff
within ten working days after employment. The agency shall provide orientation for all
contracted staff providing direct clinical services, interns, and volunteers
,
within ten working days after
the start of their service with the agency
. The orientation must be documented and
cover
:

(1)

Fire prevention and safety, including the location of all fire extinguishers in the

facility, instruction in the operation and use of each type of fire extinguisher, and an

explanation of the fire evacuation plan and agency's smoking policy;

(2)

The confidentiality of all information about clients, including a review of the

confidentiality of alcohol and drug abuse patient records,
as set forth in
42 C.F.R. Part 2
,

in effect on January 18, 2017
,

and 45 C.F.R. Parts 160 and 164
,

in effect on September 26, 2016
;

(3)

The proper maintenance and handling of client case records;

(4)

The agency's philosophical approach to treatment and the agency's goals;

(5)

The procedures to follow in the event of a medical emergency or a natural

disaster;

(6)

The specific job descriptions and responsibilities of employees
, contracted staff, interns, and volunteers, as applicable
;

(7)

The agency's polic
y
and procedure
s
manual
,
maintained in accordance with §

67:61:04:01
; and

(8)

The agency's procedures regarding the reporting of suspected child

abuse or neglect
,
in accordance with SDCL
26-8A-3
and
26-8A-8
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross

References:
Persons required to report child abuse or neglected child -- Intentional failure as

misdemeanor, SDCL
26-8A-3
.
Oral report of abuse or neglect -- To whom made -- Response report, SDCL
26-8A-8
.

67
:
61
:
05
:
06
. Employee
and other personnel
supervision.
Each agency shall establish and enforce
policy
and procedures for supervising agency employees, interns, and volunteers.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
05
:
07
. Clinical supervision.
The board of directors or the agency director

shall designate an addiction counselor to be responsible for supervising clinical services,
and for providing required
supervision
of addiction counselor
trainees.
The methods of s
upervising clinical services
are
:

(1)

Case staffing
,
meaning a meeting of an agency’s staff treatment team to review and evaluate a client's case progress in treatment and determine whether changes are needed in the services provided to a client;
(2)

Individual case supervision;
(3)

Consultation with other clinical professionals;
(4)

Review of case record maintenance; and
(5)

Other clinically appropriate supervision methods
, as
determined by agency

policy.

If an addiction counselor is not available within the
addiction counselor
trainee's employing agency,

supervision may be obtained on a contractual or consultant basis
,
from an outside party

meeting the required qualifications.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
05
:
08
. Personnel policies and records.

An
agency shall maintain personnel policies and records for all staff
,
including provisions for equal employment

opportunities.
An
agency shall maintain a personnel file for each staff

member
,
including
any
contracted staff, intern, or volunteer. The file
must contain
:

(1)

The application filed for employment
,
or
any
resume
,
transcripts
,
diploma
,
and
evidence of
continuing education;
(2)

The position description
,
signed by the staff
member,
with a statement of duties and

responsibilities
,
and the minimum qualifications and competencies necessary to fulfill

these duties;
(3)
Evidence of having completed
appropriate pre-hire screening
, in the case of a
staff
member who provides
direct services to vulnerable populations;
(4)

The staff
member's
orientation documentation
,
in accordance with §

67:61:05:05
;
(5)

Copies of the staff
member'
s current credentials
, as
related to job duties; and
(6)

Any staff health clearances, including tuberculin test results, if required, and

any clearances from a physician after an infectious or contagious disease requires

the staff
member'
s absence from the program.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
05
:
09
. Organizational chart.
Each agency shall have
a current
organizational chart
that indicates
lines of authority from the board of directors, if the agency

has a board, or
from
the agency director, and lines of authority for all job classifications. The

organizational chart
must
be made available to all staff members, the board of directors, if

applicable, and the
department
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Rule 67:61:05:10 Workforce development and training.

67
:
61
:
05
:
10
. Workforce
development and training.
The agency shall provide

for ongoing
training and consultation to enable staff and supervisors to carry out their

responsibilities
effectively.

Source:

43
SDR
80
, effective
December 5, 2016
.

General
Authority:
SDCL
27A-5-1.

Law
Implemented:
SDCL
27A-3-1,
27A-5-1
(1)(2)(3)
.

Rule 67:61:05:11 Volunteers.

67
:
61
:
05
:
11
. Volunteers.
If an agency uses
volunteers as support for programs,

the agency shall establish and maintain a
plan for recruiting, screening, training, and

supervising the volunteers.

Source:

43
SDR
80
, effective
December 5, 2016
.

General
Authority:
SDCL
27A-5-1.

Law
Implemented:
SDCL
27A-3-1,
27A-5-1
(5)
.

67
:
61
:
05
:
12
. Office of Inspector General Medicaid exclusion list.
Each agency

shall routinely check the List of Excluded Individuals and

Entities
, maintained by the U.S. Department of Health and Human Services Office of Inspector General,
to ensure that each new hire
,
as well as any current employee
,
is not on the

list. No payment
to the agency
may be provided for services furnished by an excluded

individual. Documentation that
the check
has been completed
must
be placed in the

employee
'
s personnel file.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-3-1
,
27A-5-1
.

CHAPTER
67
:
61
:
06

CLIENTS
'
RIGHTS

Section
67:61:06:01
Clients' rights.
67:61:06:02
Guaranteed rights.
67:61:06:03
Policy on abuse, neglect, and exploitation.
67:61:06:04
Grievance procedures.
67:61:06:05
Appeal of
ineligibility or
termination of services.
67:61:06:06
Time and place of hearing.
67:61:06:07
Discharge
policy
.
67:61:06:08
Residential program rights.

67:61:06:01
. Clients' rights.
An agency shall ensure that clients
'
rights are protected. The agency shall give each client a copy of the clients
'
rights and

responsibilities
,
in writing, or in an accessible format
,
upon admission
,
and shall discuss the

rights and responsibilities with the client or
the client's
advocate.

The clients
'
rights and responsibilities
must
be posted in a place

accessible to clients. Copies
must
be available in locations where clients can access

them
,
without making a request to agency staff.
T
he agency shall make
a copy of
the

clients
'
rights and responsibilities available to the
department
. The agency shall

provide services to each client in a manner that is responsive to the client's need in the

areas of age, gender, social support, cultural orientation, psychological characteristics,

sexual orientation, physical situation, and spiritual beliefs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
06
:
02
. Guaranteed rights.
A client has rights guaranteed under the

constitution and laws of the United States and
this
state
,
including:

(1)

The right to refuse
prohibited
treatment
,
as provided in SDCL
27A-12-3.22
;
(2)

The right to be free of any exploitation or abuse;
(3)

The right to seek and have access to legal counsel;
(4)
The right t
o have access to an advocate or an

employee of the state's designated protection and advocacy system;
(5)

The right to confidentiality
,
of all records, correspondence, and information

relating to assessment, diagnosis, and treatment
,
in accordance with 42 U.S.C. §

290 dd-2
,

in effect on March 27, 2020
, 42 C.F.R. Part 2
,

in effect on January 18, 2017
, and 45

C.F.R. Part
s
160 and 164
,

in effect on September 26, 2016
; and
(6)

The right to participate in decision
-
making related to treatment, to the greatest

extent possible.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
06
:
03
. Policy on abuse, neglect, and exploitation.
Each agency shall
establish
a policy
to prohibit
abuse, neglect, and exploitation of a client. The policy
must
contain:

(1)

Definitions of abuse, neglect, and exploitation
,
pursuant to SDCL
22-46-1
;
(2)

A requirement to report to the
department
any incidents of abuse, neglect, or

exploitation;
(3)

A requirement to report to the department
,
pursuant to SDCL
26-8A-3
and
26-8A-8
;
(4)

A procedure for disciplinary action to be taken
,
if staff engages in abusive,

neglectful, or exploitative behavior;
(5)

A
requirement
to make immediate efforts to inform the guardian, or the parent if

the client is under
the age of eighteen
, of
an
alleged incident or allegation
of abuse, neglect, or exploitation
; and
(6)
A
requirement to document the actions to

be implemented
, upon substantiation of an incident or allegation,
to reduce the likelihood of, or
to prevent
repeated incidents of abuse,

neglect, or exploitation.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-5-1
.

Cross

References:
Persons required to report child abuse or neglected child -- Intentional failure as

misdemeanor, SDCL
26-8A-3
.
Oral report of abuse or neglect -- To whom made -- Response report, SDCL
26-8A-8
.

67
:
61
:
06
:
04
. Grievance procedures.
Each agency shall
establish a policy
and procedures for
receiving
, considering, and responding to client grievances.

The agency shall
provide, to
the client
and
the client's parent or guardian
if the client is under the age of eighteen, a copy of the policy and procedures
, in writing or in

an accessible format, during intake services. The grievance
policy and
procedure
s

must
be posted in a place accessible to a client and a copy
must
be available in

locations where
it can be accessed by
a client without making a request to

agency staff. The
policy and procedures must
be available to a former client
,
upon request.

The
policy and procedures must
include the ability to appeal the agency's decision regarding

ineligibility or
the
termination of services to the
department,
as provided in §

67:61:06:05
,
and
must
include the telephone number and address of the
department
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
06
:
05
. Appeal of
ineligibility or
termination of services.
A client, a client's parent i
n
the
case of a
client under
the age of eighteen
, or a client's guardian,
if applicable,
may appeal
,
to the
department,
the

agency's decision
regarding the client's ineligibility for or the termination of
services. An appeal
must
be made in writing
,
to the
department,
within
thirty
days of
receiving notice of
the
decision

regarding the client's ineligibility for or the termination of
services. The
department
shall provide a

determination within
thirty
days of
receiving the
request for appeal. If the client, the client
'
s

parent, or the client
'
s guardian is dissatisfied with the
department's
decision regarding
the client's
ineligibility
for
or
the
termination of services, the client
,
the client
'
s parent
,
or
the client's
guardian may

request a fair hearing
,
by notifying the department
,
in writing
,
within
thirty
days of
receiving
the
department's
decision.

While a
termination is being appealed, the
agency
shall continue to
provide
services
to the client,
until a decision is reached
,
after a hearing pursuant to SDCL chapter
1-26
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-5-1
.

Cross

Reference:
Confidentiality of alcohol and drug abuse patient records, 42

C.F.R. Part 2
,

in effect on January 18, 2017
.

67
:
61
:
06
:
06
. Time and place of hearing.
A fair hearing by an impartial hearing

officer
must
be held within
ninety
days after
receiving
a request by the client
,
the client
'
s

parent
in the case of a client under the age of eighteen,
or
the client's
guardian
, if applicable
. The impartial hearing officer shall set a time and place for the hearing

to be held at the earliest reasonable time. Time extensions may be provided by the

impartial hearing officer
upon order of the hearing officer
or at the request of any of the parties involved
if there is no objection to a time extension from any other party involved
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
27A-5-1
.

Law Implemented:
SDCL
27A-5-1
.

67
:
61
:
06
:
07
. Discharge
policy
.
Each agency shall
establish
a written discharge

policy. The policy
must specify
:

(1)

Client behavior that constitutes
a
reason for discharge at staff request;

(2)

The procedure for the staff to follow when discharging a client involved in the

commission of a crime on the premises of the program or against its staff, consistent with

the confidentiality of alcohol and drug abuse patient records,
as set forth in
42 C.F.R. §

2.12(c)(5)
,

in effect on October 1, 2018, and
including who shall make the report to the appropriate law enforcement

agency;

(3)

The procedure for the staff to follow when a client leaves against medical or

staff advice, including offering the client discharge planning and continuation of care for

substance abuse and any other condition
,
and documentation of what was offered, consistent

with the confidentiality of alcohol and drug abuse patient records,
as set forth in
42 C.F.R. Part 2
,

in effect on January 18, 2017
;

(4)
A p
rohibition against automatic discharge for any instance of non-prescribed

substance use, or for any instance of displaying symptoms of mental or physical illness;

and

(5)

The procedure for referrals
in the case of
clients with symptoms of mental illness or a

medical condition and those requesting assistance to manage symptoms.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
06
:
08
. Residential program rights.
Each residential program shall ensure
that all clients have
:

(1)

The right to visitation with family and friends, subject to reasonable written

visiting rules and hours established by the agency
,

provided
agency personnel may impose

limitations
,
as necessary for the welfare of the client
,
if
those
reasons are

documented in the client's case record;

(2)

The right to conduct private telephone conversations, subject to reasonable

written rules and hours established by the agency
,

provided
agency personnel may impose

limitations
,
as necessary for the welfare of the client
,
if
those
reasons are

documented in the client's case record;

(3)

The right to communicate with a personal physician; and

(4)

The right to practice personal religion or attend religious services, within the

agency's policies and guidelines.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
07

CLINICAL PROCESSES

Section
67:61:07:01
Client identification data.
67:61:07:02
Client admission policies.
67:61:07:03
Client review of
client's clinical record
.
67:61:07:04
Closure and storage of
clinical
records.
67:61:07:05
Integrated assessment content.
67:61:07:06
Treatment plan.
67:61:07:07
Continued service criteria.
67:61:07:08
Progress notes.
67:61:07:09
Transfer or discharge criteria.
67:61:07:10
Transfer or discharge summary.
67:61:07:11
Admission of returning clients.
67:61:07:12
Tuberculin screening requirements.

67
:
61
:
07
:
01
. Client identification data.

Each
agency shall establish a policy and procedure
s
to collect and record client identification data
,
at the time of admission or as soon after admission as possible. Client identification data
must
be kept in the clinical
file. Client identification data means
:

(1)

Name, street address, and telephone number of the client;
(2)

Date of birth, gender, and race or ethnic origin of the client;
(3)
U
nique identification number
of the client
;
(4)

Referral source;
(5)

Service start date;
(6)

Outcome measures;
(7)

Data for the state management information system; and
(8)

Any other client information as required by the
department
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
02
. Client admission policies.
Each program
shall establish a policy
and

procedures regarding
the
admission of
a
client into the program
,
to ensure the client meets the eligibility criteria for the level of care
provided by the program
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
03
. Client review of client's clinical record.

Each
agency shall
establish a
written
policy
and procedures to govern a client's access to
the client's clinical record
. The
policy
and procedures
must
specify any conditions or restrictions on client access and
must
be available to the client

upon request.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
04
. Closure and storage of clinical records.
The agency shall
establish a policy
and procedures to ensure the closure and storage of
clinical
records
upon
the completion

or termination of a treatment program
.

The policy and procedures must
:

(1)
Identify, by position or title, the staff members who are responsible for the closure of clinical records within the agency and the management information system
;
(2)
Provide
for the closure of
a client's clinical records if the client has
not received services from an inpatient or residential program in three days or
if the client has
not received services from an outpatient program in
thirty
days; and
(3)
Provide
for the safe storage of case records for at least six years from
the date of
closure.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
05
. Integrated assessment.
An addiction counselor or
addiction
counselor trainee

shall meet with the client and
, if appropriate,
the client's family, to complete an integrated

assessment, within
thirty
days of
the first day the
intake
process begins
. The integrated assessment
must include
both functional

and diagnostic components. The assessment
must
establish the historical development and

dysfunctional nature of the client's alcohol and drug abuse or dependence
,
and
must
assess

the client's treatment needs. The assessment
must
be recorded in the client's case record and
must contain
:

(1)

Strengths of the client and the client
'
s family
,
if appropriate, as well as previous

periods of success
,
the strengths that contributed to that success
,

and the i
dentification of

potential resources within the family, if applicable;

(2)

Presenting problems or issues that indicate a need for services;

(3)

Identification of readiness for change for problem areas, including motivation

and supports for making such changes;

(4)

Current substance use and relevant treatment history
of any
previous mental health and substance use disorder or gambling treatment
,
and periods of

success, psychiatric hospital admissions, psychotropic and other medications, relapse

history or potential for relapse, physical illness, and hospitalization;

(5)

Relevant family history, including family relationship dynamics and family

psychiatric and substance abuse history;

(6)

Family and relationship issues
,
along with social needs;

(7)

Educational history and needs;

(8)

Legal issues;

(9)

Living environment or housing;

(10)

Safety needs and risks with regard to physical acting out, health conditions,

acute intoxication, or withdrawal;

(11)

Past or current indications of trauma
or
domestic violence;

(12)

Vocational and financial history and needs;

(13)

Behavioral observations or mental status;

(14)

Formulation of a diagnosis, including documentation of co-occurring

medical, developmental disability, mental health, substance use disorder, or gambling

issues or a combination of these based on integrated screening;

(15)

Eligibility determination, including level of care determination for substance

use services, or
serious mental illness
or
serious emotional disturbance
for mental health services, or both;

(16)

Clinician
'
s signature, credentials, and date; and

(17)

Clinical supervisor
'
s signature, credentials, and date
,

to verify
review of the

assessment and
if there is
agreement with
:

(a) T
he initial diagnosis
;
or
(b) The
formulation of the initial diagnosis
, if
the staff does not have the education or training to make a diagnosis.

Any information related to the integrated assessment
must
be verified through

collateral contact, if possible, and recorded in the client's case record.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
06
. Treatment plan.
An addiction counselor or
addiction
counselor trainee shall

develop an individualized treatment plan
,
based upon the integrated assessment for each

client admitted to an outpatient treatment program,
an
intensive outpatient treatment program,
a
day treatment program,
a
clinically-managed
,
low-intensity residential treatment program, or
a
medically-monitored
,
intensive inpatient treatment program. Evidence of the client
'
s

meaningful involvement in formulating the plan
must
be documented in the
client's clinical record
. The

treatment plan
must
be recorded in the client's
clinical
record and
contain
:

(1)

A statement of specific client problems,
including any
co-occurring disorders, to be

addressed during treatment
,
with supporting evidence;

(2)

A diagnostic statement and a statement of short- and long-term treatment goals

that relate to the problems identified;

(3)

Measurable objectives or methods leading to the completion of short-term goal
s
:

(a)

Time frames for the anticipated dates of achievement or completion of each

objective, or
for
reviewing progress towards objectives;
(b)
A s
pecification and description of the indicators to be used to assess progress;
(c)

Referrals for needed services that are not provided directly by the agency;

and
(d)
I
nterventions
, for identified issues,
that match the client's readiness for change; and

(4)

A statement identifying the staff member responsible for facilitating the

methods or treatment procedures.

The individualized treatment plan
must
be developed within ten calendar days of

the client's admission
to
an intensive outpatient treatment program
;

a
day treatment

program
;

a
clinically-managed
,
low-intensity residential treatment program
;
or
a
medically
-
monitored
,
intensive inpatient treatment program.

The individualized treatment plan
must
be developed within
thirty
calendar days of the

client's admission
to
a counseling services program.

All treatment plans
must
be reviewed, signed, and dated by the addiction counselor

or
addiction
counselor trainee. The signature must be followed by the counselor
'
s credentials.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
07
. Continued service criteria.
The program
staff or direct care provider
shall document
,
for each

client
,
the progress and reasons for retaining the client at the present level of care and
create
an

individualized plan of action to address the reasons for retaining the
client

at
the

present level of care. This document
must be
maintained in the client case record. It is

appropriate to retain the client at the present level of care if:

(1)

The client is making progress, but has not yet achieved the goals articulated in

the individualized treatment plan. Continued treatment at the present level of care
must be
assessed
,
as necessary
,
to permit the client to continue
working
toward his or her treatment

goals; or

(2)

The client is not yet making progress, but has the capacity to resolve his or her

problems.
The client
is actively working toward the goals articulated in the

individualized treatment plan. Continued treatment at the present level of care
must be
assessed
,
as necessary
,
to permit the client to continue
working
toward his or her treatment goals; or

(3)
A new problem or priority
that
is
appropriately treated at the present

level of care
has been identified
. The new problem or priority requires services, the frequency and intensity

of which can only be delivered
safely
by
continuing to
stay
at
the current level of care. The
client's
level of care
must be
the least intensive

level at which the client
'
s new problem
or priority
can be addressed effectively.

The individualized plan of action to address the reasons for retaining the

individual
at
the present level of care
must
be documented every:

(a)

Two calendar days for
c
linically-managed
,
residential detoxification;
(b)
Fourteen
calendar days for
e
arly intervention services;
i
ntensive outpatient services;
d
ay treatment services; and
m
edically
-
monitored
,
intensive inpatient treatment; and
(c)
Thirty
calendar days for
o
utpatient treatment program
s
and
c
linically-managed
,
low-intensity residential treatment.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
08
. Progress notes.
The direct care provider must record at least one progress note in the client
'
s clinical record each week when services are provided for any program, other than a prevention program
.

Progress notes
must be
included

in the client's
clinical record
and substantiate all services provided.
P
rogress notes
must
document counseling sessions with the client, summarize significant events,

reflect goals and problems relevant
to
the session
,
and
reflect
any progress in achieving

those goals and addressing the problems. Progress notes
must
include attention to any co
-
occurring

disorder
,
as
it
relate
s
to the client's substance use disorder.

A progress note
must be
included in the
client's clinical record
for each billable service provided.
In order for a service to be billed, the progress note must contain
:

(1)

Information identifying the client receiving
the
service, including
the client's
name and

unique identification number;
(2)

The date, location, time met,
the
units of service of the counseling session, and the

duration of the session;
(3)

The service activity code or
the
title describing the service code;
(4)

A brief assessment of the client's functioning;
(5)

A description of what occurred during the session, including the specific action

taken or plan developed to address unresolved issues
for the purpose of achieving
identified treatment goals

or objectives;
(6)

A brief description of what the client and
the clinician
plan to work on during the

next session,
and
work that may occur between sessions, if applicable; and
(7)

The signature and credentials of the staff providing the service.

Source:

43
SDR
80
, effective
December 5, 2016
; 46 SDR 50, effective October 10, 2019
; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
09
. Transfer or discharge criteria.
It is appropriate to transfer or

discharge
a
client from
a
present level of care if:

(1)

The client has achieved the goals articulated in his or her individualized

treatment plan,
by
resolving each problem that justified admission to the present level

of care
,

or c
ontinuing the chronic disease management of the client
'
s condition at a less

intensive level of care is indicated;

(2)

The client has been unable to resolve each problem that justified admission to

the present level of care, despite amendments to the treatment plan
; t
he client is

determined to have achieved the maximum possible benefit from engagement in services

at the current level of care
; or

t
reatment at another level of care, more or less intensive, in

the same type of service, or discharge from treatment, is therefore indicated;

(3)

The client has demonstrated a lack of capacity due to diagnostic or co
-
occurring

conditions that limit
the client's
ability to resolve each problem
;

or t
reatment at a

qualitatively different level of care or type of service, or discharge from treatment, is

therefore indicated; or

(4)

The client has experienced an intensification of a problem, or has developed a

new problem, and can be treated effectively only at a more intensive level of care.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
10
. Transfer or discharge summary.
An addiction counselor or
an addiction
counselor trainee shall complete a transfer or
a
discharge summary for
a
client
,
within five

working days after the client is
transferred or
discharged
,
regardless of the reason for
the transfer or
discharge. A transfer

or
a
discharge summary of the client
'
s problems, course of treatment, and progress toward

planned goals and objectives identified in the treatment plan
must be
maintained in the client
's
case

record. A process
must
be in place to ensure that the transfer or discharge
summary
is completed in

the
management information system
.

When a client prematurely discontinues services, reasonable attempts
must
be

made and documented by the agency to re-engage the client
,
if appropriate.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
11
. Admission of returning clients.
The agency shall
establish a policy
and procedures to promote the continuity of care
for
a client
who is readmitted
.
The
procedures
must include
completing a new
client
case record and new admission

record in the
management information system
for each client who
is readmitted
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
07
:
12
. Tuberculin screening requirements.
A designated staff member

shall conduct tuberculin screening for the absence or presence of symptoms with each

client newly admitted to outpatient treatment, intensive outpatient, day treatment,

clinically-managed
,
low
-
intensity residential treatment, clinically
-
managed detoxification,
or
intensive inpatient treatment
,
within
twenty-four
hours of admission
,
to determine if the client

has had any of the following symptoms within the previous three months:

(1)

Productive cough for a
duration of
two
-
three week
s
;
(2)

Unexplained night sweats;
(3)

Unexplained fevers; or
(4)

Unexplained weight loss.

Any client determined to have
had
one or more of the
listed
symptoms within the last

three months
must
be immediately referred to a licensed physician for a medical evaluation

to determine the absence or presence of active
tuberculosis
. A
physician, physician assistant, nurse practitioner, or clinical nurse specialist may request that a
Mantoux skin test be
conducted
. Any

client confirmed or suspected to have infectious tuberculosis
may not be admitted for
services until the client is determined to no longer be infectious by the physician.
If
infectious tuberculosis is ruled out
, the evaluating physician

must
provide a written statement
confirming the client does not have tuberculosis
before
the client may be admitted
for services.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Reference: Guidelines for Preventing the Transmission of
Mycobacterium

tuberculosis
in Health-Care Settings, 2005
, December, 2005. "Centers for Disease

Control and Prevention Morbidity and Mortality Weekly Report, Recommendations and

Reports," December 30, 2005/Vol. 54/No.RR-17. Copies are available free of charge from

the following website:
https://www.cdc.gov/mmwr/preview/mmwrhtml/rr5417a1.htm
.

CHAPTER
67
:
61
:
08

MEDICATION CONTROL IN RESIDENTIAL PROGRAMS

Section
67:61:08:01
Definitions.
67:61:08:02
Control, accountability, and storage of medications and
controlled
drugs.
67:61:08:03
Storage of Schedule II, III, or IV drugs.
67:61:08:04
Records of receipt, administration, and disposition of scheduled

drugs.
67:61:08:05

Medication and controlled drug
destruction and disposal.
67:61:08:06
Medication
or drug
administration defined.
67:61:08:07
Delegation of nursing tasks.
67:61:08:08
Administration of medications and
controlled
drugs.
67:61:08:09
Assistance with self-administration of medication
or controlled drug
.
67:61:08:10
Self-administration of medication
or controlled drug
.

67
:
61
:
08
:
01
. Definitions.
Terms used in this chapter mean:

(1)
"
Controlled drug,
"
any drug
, substance,
or chemical whose possession and use are

regulated under the Federal Controlled Substances Act, 21 U.S.C. §

801 et seq.
,
in

effect July 1, 20
21
;

(2)

"Nasogastric tube," a tube
that
is inserted
,
nonsurgically
,
through the nose

and extends into the stomach;
and

(3)

"Parenteral route," the administration of medication by
intradermal,
subcutaneous, intramuscular, or intravenous injection
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
08
:
02
. Control, accountability, and storage of medications and
controlled
drugs.
Each residential program
must
meet the following requirements for the control,

accountability, and safe storage of medications and
controlled
drugs:

(1)

Any client on medications for
a
substance use disorder, mental health
issue
, or
a
medical

condition shall surrender all medications and
controlled
drugs
,

upon
admission to the agency, and be educated about how to take
the client's prescribed
medication
,
while in the

program;

(2)

Each client shall receive a formal orientation to the
program's
medication
policy
and procedures upon admission;

(3)

All medications
and controlled drugs must
be
kept
in a locked
medication
storage area that is

inaccessible to all persons at all times
, except as provided
in
subdivision
67:61:08:02
(5), and §
§

67:61:08:08
and
67:61:08:10
;

(4)

All controlled drugs
must
be
kept
in a separate locked box or drawer
with
in the

medication storage area;

(5)

Poisons, disinfectants, and medications prescribed for external use
must
be

stored separately from each other and
from
internal medications, with each in a separate locked

area
that is
inaccessible to clients and visitors;

(6)

Biologicals and medications
,
requiring refrigeration or other storage

requirements as identified by the manufacturer's labeling
,

must
be stored separately
,
including
during
refrigeration, freezing, and protection from the light
,
in an area that is inaccessible

to clients and visitors. If these
biologicals and
medications are stored in a refrigerator containing items

other than
the biologicals and
medications, the
biologicals and
medications
must
be kept in a separate
,
secured compartment;

(7)

Each client
'
s prescription medications
must
be stored in the medication
'
s

originally received container and may not be transferred to another container;

(8)

Any container with a worn, illegible, or missing label
must
be destroyed along

with the medication or drugs in the container, in accordance with §

67:61:08:05
;

(9)

Only a licensed pharmacist may label, relabel, or alter labels on medication

containers;

(10)

Any medication or drug prescribed for one client may not be administered to

another client;

(11)

If a client brings his or her own medications or
controlled
drugs into the program, the

client
'
s medications or
controlled
drugs may not be administered unless the client can be identified

and written orders for the
administration of the
medications or
controlled
drugs is received from a licensed

physician;

(12)

Each program
must
have a procedure for contacting
the client's identified
pharmacies and physicians
,
as soon as possible after each client is admitted to the program;

(13)

If medications or
controlled
drugs brought by a client into the program are not used, the

medications or
controlled
drugs
must
be packaged, sealed, stored, and returned to the client, parent
if the client is under the age of eighteen
,

guardian
if applicable
, or significant other
,
at the time of discharge, if the return of the medications or
controlled
drugs is approved by a program physician
. T
he return of the medications or
controlled
drugs
must
be

documented in the client's case record, with the name, strength, and quantity of the

medication
or controlled drug
, and signed by the staff member
identified to manage client medication
; and

(14)

The telephone number of the regional poison control center, the local hospital,
the
medical director, and the
program
administrator
must
be posted in all
medication and controlled
drug storage and

preparation areas.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross Reference:
Administration of medications and controlled drugs, §
67:61:08:08
.

67
:
61
:
08
:
03
. Storage of Schedule II, III, or IV drugs.
A residential program

may have a limited supply of Schedule II, III, and IV drugs in storage
,
if the program meets the following requirements:

(1)

The drugs are owned by a licensed pharmacy or licensed physician and stored

in
an
emergency box
,
sealed by a supplying pharmacy with a seal of such a nature that it can be easily identified if it has been broken;

(2)

The agency and the providing Drug Enforcement Agency registrant

maintain a complete and accurate inventory of the drugs stored in the emergency box and

of the drugs
'
disbursement. The inventory
must
be conducted personally by the
Drug Enforcement Agency r
egistrant at least once every six months;

(3)

There are no more than five different controlled drugs
;
no more than five

doses of
each
injectable Schedule II, III, or IV drug,
if any;
and no more than
twelve
doses of
each
oral

Schedule III or IV drug
, if any,
stored in the emergency box at one time;

(4)

The use of the controlled drugs in the emergency box is limited to those times

when no pharmacy is available; and

(5)

Any standing or verbal order for the medication is verified in writing by the

physician within
seventy-two
hours after the first administration.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Cross-Reference:
Administration of medications and drugs, §

67:61:08:08
.

67
:
61
:
08
:
04
. Records of receipt, administration, and disposition of scheduled drugs.
Each residential program shall maintain a separate log book to record the receipt

and disposition of all Schedule II drugs. A residential program shall maintain a record of

the receipt and administration of Schedule II, III, and IV drugs in a client's case record.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
08
:
05
.
Medication and controlled d
rug destruction and disposal.

Each agency
shall establish
a policy
and procedures
for the
destruction and disposal of medication
and controlled drugs
in accordance

with §

44:73:08:01.01
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
08
:
06
. Medication administration defined.
Medication administration
in a residential program
is

the
giving
of medications, other than by the parenteral route or nasogastric tube,

under the supervision of a licensed registered nurse.
The person administering medicine shall
:

(1)
Remove
an individual dose from a previously dispensed, labeled container,

including a unit dose container;
(2)
Verify the
dose with the physician's order or medication administration record;
(3)
Give
the individual dose to whom it is prescribed; and
(4)

Document
the date,
time,
the
name
of the person administering
the dose, and the dose given.

A copy of a physician's order or prescription for each medication being

administered
must
be kept in the client
'
s
clinical record
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
08
:
07
. Delegation of nursing tasks.
Delegation is the transfer of the

authority to perform a specific nursing or medication administration task from a licensed

registered nurse to
unlicensed assistive personnel,
pursuant to §§

20:48:04.01:01
,
20:48:04.01:02
, and

20:48:04.01:07
.

Unlicensed assistive personnel
may only perform the nursing task or medication administration task for

a specific
client
through delegation.
Unlicensed assistive personnel
may not re-delegate a delegated task.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
08
:
08
. Administration of medications and
controlled
drugs.
All medications and
controlled
drugs
must
be administered
in a non-prohibited manner as set forth in
SDCL
36-9-28
. Each agen
c
y shall

establish written policies concerning the administration of all medications
,
including

Schedule II, III, and IV drugs
,
and shall ensure that Schedule II, III, and IV drugs are

administered only in accordance with those policies and only when authorized by a

licensed physician.

Only
a registered nurse
,
a licensed practical nurse
, or
an unlicensed assistive personnel
who
is
trained and qualified
,
in accordance with

chapter
20:48:04
,
may administer medications.
Any person
administering the

medication shall record the name of the medication, the strength and quantity

administered, and the time of administration in the client's case
file
, and
shall
sign the

case record.
A
person may
not
administer medication that ha
s
been prepared for

administration by another person.

The agency shall maintain a procedure for the immediate reporting of drug

reactions and medication errors to the physician responsible for the client
.

The
procedure must comply with the confidentiality of records requirements
, as set forth in
42 U.S.C. §

290 dd-2
,

in effect on March 27, 2020
, and 42 C.F.R. Part 2
, in effect on January 18, 2017
. The
person
responsible for a

medication error shall complete and

sign an entry in the client's case record and complete and sign an incident report form.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-26-53,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67:61
:
08
:
09
. Assistance with self-administration of medication
or controlled drugs
.
Assistance

with self-administration of medication
or controlled drugs
is the act of assisting a client with one or more

steps in the process of taking medication
or controlled drugs
, but not
the
actual administration of medication
or controlled drugs
.

Assistance with self-administration of medication
or controlled drugs involves
:

(1)

Opening the medication
or controlled drug
container;
(2)

Reminding the client of the proper time to take the medication
or controlled drug
;
(3)

Helping to remove the medication
or controlled drug
from the container; and
(4)

Returning the medication
or controlled drug
container to storage.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
08
:
10
. Self-administration of medication
or controlled drugs
.
A residential treatment

program not employing a
registered nurse
, a
licensed practical nurse
, or
unlicensed assistive personnel must
make the
controlled
drug or medication

available to a client for self-administration in accordance with the instructions of a

licensed physician. The client shall self-administer the drug or medication
,
under the

supervision of a designated employee who enters the name, strength, and quantity of the

medication
,
and the time of self-administration
,
in the client's case record.

Clinically-managed
,
low-intensity residential treatment programs are exempt from

the requirement of supervising the self-administration of over-the-counter
drugs or medications
. If

the reasonable safety of all program clients is ensured, residential programs may allow

clients to possess and self-administer
,
without supervision
,
those prescription medications

that have been identified as allowable medications on a list developed specifically for the

individual
,
in consultation with a licensed physician. The list of allowable medications
must
be reviewed at least annually
,
by a licensed physician. Any medication not identified

on the list
must
be administered under supervision.

Each residential treatment program utilizing self-administration processes
must
establish
a policy
and procedures that outline these processes.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
09

DIETARY SERVICES

Section

67:61:09:01
Planned dietetic
services required.

67:61:09:02
Sanitation and safety
standards.

67
:
61
:
09
:
01
. Planned dietetic services required.
Each residential program shall
develop
and implement a written plan for meeting the basic nutritional needs
,
as well as

any special dietetic needs
,
of each client. The program shall provide at least three meals a

day. Any snacks provided by the program
must
be part of the overall dietary plan. Each

meal
must
include foods from the basic food groups
,
according to the Dietary

Guidelines for Americans
,
as released by the U.S. Department of Agriculture and the U.S.

Department of Health and Human Services.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Reference: Dietary Guidelines for Americans, 20
20
-202
5
,
(December 29, 2020), Ninth
Edition,

published by the U.S. Department of Health and Human Services and U.S. Department of

Agriculture.
Copies are available at no cost from the following website:
https://www.dietaryguidelines.gov/sites/default/files/2021-03/Dietary_Guidelines_for_Americans-2020-2025.pdf
.

67
:
61
:
09
:
02
. Sanitation and safety standards.
Each residential program shall

meet the sanitation and safety standards for food service
, as set forth
in chapter
44:02:07
. An agency

that provides dietary services
,
by agreement or contract with a second party
,
shall ensure

that the provider
of dietary services
has
passed
an

annual, documented sanitation inspection conducted by the Department of Health.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
,
34-20A-44
.

CHAPTER
67
:
61
:
10

ENVIRONMENTAL
SANITATION SAFETY AND FIRE PREVENTION

Section

67:61:10:01
Safety and sanitation
plan.

67:61:10:02
Life safety codes.

67:61:10:03
Rules of general
applicability.

67
:
61
:
10
:
01
. Safety and sanitation plan.
For each setting in which the agency

provides services, there
must
be a health, safety, sanitation, and disaster plan that ensures

the health and safety of the individuals served. The plan
must provide procedures for
:

(1)
R
esponding to medical emergencies;
(2)
R
esponding to fire and natural disasters, including evacuation

plans;
(3) Training and regularly scheduled drills for fire and natural disasters;
(
4
)
R
esponding to communicable diseases; and
(
5
)
Ensuring
sanitation of all settings in which services are provided.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
10
:
02
. Life safety codes.
Each building
an agency
owns, rents, or leases
,

to provide
residential services
must
comply with

applicable fire safety standards
, as set forth
in the 20
12
edition of the
NFPA 101 Life Safety Code
.

An automatic sprinkler system is not required in an existing facility unless significant

renovation or remodeling occurs
.

An
existing automatic sprinkler system
must
remain in service.

New construction, renovations, additions, and changes of space
must
comply with

NFPA 101 Life Safety Code, 2012 edition. Each facility
must
comply with the

building construction standards of the International Building Code, 2012 edition.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Reference: NFPA 101 Life Safety Code, 20
12
, National Fire Protection

Association
. Copies may be obtained from the National Fire Protection Association, P.O.

Box 9101, Quincy, MA 02269-9904; Phone: 1-800-344-3555. Cost $
171
.00;
International Building Code
, 2012 edition. Copies may be obtained from International

Conference of Building Officials, Phone

1-800-786-4452. Order@iccsafe.org. Cost:

$89.00.

67
:
61
:
10
:
03
. Rules of general applicability.
Each
residential
facility
seeking accreditation or providing
services
must
be
licensed
pursuant to article
44:78
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
11

PREVENTION PROGRAM

Section

67:61:11:01
Purpose and scope of
prevention programs.

67:61:11:02
Prevention program
classifications.

67:61:11:03
Description of services
provided.

67:61:11:04
Review of materials.

67:61:11:05
Criteria for determining
evidence-based intervention.

67:61:11:06
Staff knowledge of
resources.

67:61:11:07
Record of activities.

67:61:11:08
Quality assurance and
evaluation.

67
:
61
:
11
:
01
. Purpose and scope of prevention prog
ra
ms.
A prevention program
must
encompass current research, theory, and practice-based strategies and activities
,
implemented through structured prevention strategies. An agency providing a primary

prevention or diversion service shall delineate a work plan
that outlines
the scope of services

to be offered. The programming being implemented
must
be found on the state
-
supported
,
evidence
-
based programming list. The plan
must
be approved by the
agency's
board of directors

and documented in board minutes
,
or approved by the agency director and be made

available to the public and agency staff.

An agency that conducts classroom or group educational programs shall use a structured, evidence-based curriculum for prevention education.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
02
. Prevention program classifications.
Prevention programming is

divided into the following population classifications:

(1)

Universal prevention programming
, or the following activities
targeted to the general public or

a whole population that has not been identified on the basis of individual risk
:

(a)

Interventions that directly serve
a
group of

individuals
who are identifiable
, but who have not been identified on the basis of individual risk; and
(b)

Interventions that
indirectly
support population-based programs and

environmental strategies;

(2)

Selective prevention programming
, or a
ctivities targeted to individuals or a

subgroup of the population whose risk in developing a disorder is significantly higher

than average; and

(3)

Indicated prevention programming
, or a
ctivities targeted to individuals identified

as having minimal, but detectable signs or symptoms foreshadowing a disorder
,
or

biological markers indicating predisposition, but have not yet met diagnostic level.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
03
. Description of services provided.
A prevention program
must
offer
at least
one of the following:

(1)

Information dissemination services
or
activities that involve one-way

communication from the source to the audience
,
with limited contact between the two;

(2)

Education services
or
activities that involve two-way communications

and are based on an interaction between the educator and the participants;

(3)

Alternative services
or
activities that provide the opportunity to

participate in healthy, positive
,
and constructive activities;

(4)

Problem identification and referral services
or
activities that
are designed
to

identify a person who has indulged in the illegal use of alcohol or drugs in order to assess

if the person
'
s behavior can be reversed through education. This activity does not include

any services designed to determine if an individual is in need of treatment services;

(5)

Community-based services
or
activities that
are designed
to enhance the ability

of the community to more effectively provide prevention services for alcohol or drug

abuse;
or

(6)

Environmental services
or
activities that
are deisgned
to establish or change

community standards, codes, and attitudes, thereby influencing the incidence and

prevalence of alcohol and drug abuse in the general population.

A written description of
the
services provided
must
be available to all staff members,

individuals, the public, and the
department
. The description
must
include target populations for primary prevention and diversion services
;
program

goals including the scope of services
;
measurable objectives
;
program evaluations and

intended outcomes
;
and programming that complies with these standards.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
04
. Review of materials.
The agency's program director shall review

and approve all electronic, written, and printed materials
,
intended for public distribution
,
for validity, relevancy, and appeal. The public distribution materials and prevention

curriculums being implemented
must
be made available for review by agency staff, the

public, and the
department,
in an electronic or printed format.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
05
. Criteria for determining evidence-based intervention.

An
intervention is
determined to be evidence-based if
:

(1)
It is included in a f
ederal list or registr
y
of evidence-based interventions;
(2)
It is r
eported positively in
a
peer
-
reviewed journal; or
(3)
There is d
ocumented effectiveness
in accordance with the following guidelines for evidence
:

(a)

The intervention is based on a theory of change that is documented in a

clear logic or conceptual model;
(b)

The intervention is similar in content and structure to interventions that

appear in
a federal list or registry or in peer-reviewed literature
;
(c)

The intervention is supported by documentation that it has been effectively

implemented multiple times, in a manner attentive to scientific standards

of evidence and with results that show a consistent pattern of credible and positive

effects; and
(d)

The intervention is reviewed and deemed appropriate by a panel of

prevention experts
,

including
prevention researchers who are

experienced in evaluating prevention interventions similar to those under review.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
06
. Staff knowledge of resources.
The staff of each prevention

program shall
have
knowledge of regional alcohol, drug, mental health

promotion, suicide prevention, and recovery support programs available for prevention or

treatment services. An agency shall:

(1)
Maintain
a current database of information and referral resources on

alcohol, tobacco, and other drugs
;

on
substance abuse services
;
and
on
prevention and treatment

resources;
(2)
Post
or publicly distribute
the information and resources
; and
(3)
Document that
agency staff
have
reviewed the information
and resources
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
07
. Record of activities.
An agency conducting prevention services

shall maintain a record of all prevention activities provided in accordance with the

described program content. Each record
must
include:

(1)

A list of presenters
;
(2) A list of
participants involved using non-identifiable

information;
(
3
)

Demographic characteristics of participants, including:

(a)

Age;
(b)

Race
or
ethnicity;
(c)

Gender;
(d)

Type of prevention populations, such as universal, selective, or

indicated; and
(e)

Any other information as requested by the
department
;

(
4
)
A description
of all program activities; and
(
5
)

A copy of the programmatic materials.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
11
:
08
. Quality assurance and evaluation.
An agency shall conduct a

quality assurance review of its prevention programming to monitor, protect, and enhance

the quality and appropriateness of its programming and to identify qualitative problems

and recommend plans for correcting each problem. The agency shall conduct:

(1)

Annual satisfaction surveys of all individuals or stakeholders who requested

and participated in prevention services;
(2)

Participant evaluations
,
after each prevention presentation the agency provides;

and
(3)

Pre- and post-tests for all evidence
-
based curricula presented to individuals.

A summary of t
he quality assurance review must
be made available to the board of directors or

agency staff annually, and to the
department
and community members
,
upon request.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
12

EARLY INTERVENTION
PROGRAM

Section

67:61:12:01
Eligibility criteria.

67:61:12:02
Services provided.

67:61:12:03
Reimbursable services.

67:61:12:04
Nonreimbursable
services.

67
:
61
:
12
:
01
. Eligibility criteria.
To be eligible for early intervention services
a
client
:

(1) May
not
be
at risk
of
withdrawal
;
(2) Must

have
no
emotional, behavioral, or cognitive conditions
or
have
very stable biomedical conditions
;
or
either
has no

or
has
very stable emotional, behavioral, or cognitive conditions
;
and
(3) Must
meet one of the

following:

(
a
)
Lack
an understanding of, or
lack the
skills to change, current substance

use patterns or high-risk behaviors;

(
b
)
Have an increased
risk of
initiating or progressing
in substance use patterns or

high-risk behaviors
due to
substance use or values about
substance
use; or

(
c
)
Have a
social support system or significant others
who
increase the

risk of a substance use.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
12
:
02
. Services provided.

An early intervention
program
shall provide
:

(1)
An i
nitial screening and planning
that occurs
within
forty-eight
hours of
the
initial contact
and results in the following being
recorded in the client's case record:

(a)
A description of t
he client's current problems and needs;
(b)
A description of t
he client's emotional and physical state
, as determined through a
screening for the

presence of
any
cognitive disability, mental illness,
and
medical disorders,
together with any
collateral

information and prescribed medications;
(c)
A description of t
he client's drug and alcohol use
,
including the types of substances used,
whether
prescribed or over the counter medications,
the
age of first use, the amount

used, the frequency of use, the date of last use, and the duration of use; and
(d)

A statement of the intended course of action;

(2)

Crisis intervention;

(3)

Individual or family counseling
; and

(4)

Discharge planning
providing
:

(a)

Continued care planning;
(b)

Referral to and liaison with other resources that offer education,

vocational, medical, legal, social, psychological, employment, and other related

alcohol and drug services;
where applicable,
and
(c)

Referral to and coordination of medical services
,

including information detailing
the

availability of tuberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-35
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Note:
Individual or family counseling may include education regarding alcohol and drug abuse and dependence, including the biomedical effects of drug and alcohol use and abuse and the importance of medical care and treatment in the recovery process. Individual or family counseling may also include education regarding tuberculosis and the human immunodeficiency virus, how each is transmitted, and how to safeguard against transmission
.

67
:
61
:
12
:
03
. Reimbursable services.
Reimbursable services are limited to face
-
to-face
and telehealth
contacts for the purpose of providing services

pursuant to§

67:61:12:02
.

Reimbursable services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48
.

Source:

43
SDR
80
, effective
December 5, 2016; 48 SDR 14, effective August 22, 2021
.

General Authority:
SDCL
34-20A-27
(1)(4).

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
12
:
04
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Services
that
are solely recreational in nature;
(2)

Time spent preparing paperwork from client assessments or clinical

documentation; and
(3)

Time spent traveling.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
13

OUTPATIENT
TREATMENT PROGRAM

Section

67:61:13:01
Eligibility criteria.

67:61:13:02
Services provided.

67:61:13:03
Intensity of services.

67:61:13:04
Reimbursable services.

67:61:13:05
Nonreimbursable
services.

67
:
61
:
13
:
01
. Eligibility criteria.
To be eligible for
an
outpatient treatment
program:

(1)

The client
must have
no or
only a
minimal risk
of
severe withdrawal;
(2)

The client
must either have
no or very stable biomedical conditions, or
be
receiving

concurrent medical monitoring;
(3)

The client
'
s emotional, behavioral, or cognitive conditions
may not cause more than
minimal interference with substance use recovery, difficulties in social functioning, and

the ability
for the client
to care for
himself or herself
;
(4)

The client
must be
willing to engage in treatment
, even if the client
needs motivational and

monitoring strategies to promote progress through the stages of change;
(5)

The client
must be
able to maintain abstinence or control substance use and pursue

recovery or motivational goals with minimal support;
(6)

The client
'
s recovery environment
must be
supportive
;
and
(7) T
he client
must have
the skills to

cope
with stressful or high risk situations
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
13
:
02
. Services provided.
The
outpatient treatment
program
shall
provide:

(1)

An integrated assessment
,
pursuant to §

67:61:07:05
;
(2)

Crisis intervention;
(3)

Any combination of individual, group, and family counseling
providing
:

(a)

Education regarding substance abuse and dependence, including the

biomedical effects of drug and alcohol use and abuse and the importance of medical

care and treatment in the recovery process; and
(b)

Education regarding tuberculosis and the human immunodeficiency

virus, how each is transmitted
,
and how to safeguard against transmission;

(4)

Discharge planning
providing
:

(a)

Continued care planning and counseling;
(b)

Referral to and coordination of care with other resources that will assist

a client's recovery, including educational, vocational, medical, legal, social, mental

health, employment, and other related alcohol and drug services; and
(c)

Referral to and coordination of medical services
,

including information detailing
the

availability of tuberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
13
:
03
. Intensity of services.
The
outpatient treatment
program may provide to each client any

combination of individual, group, or family counseling services
,
of any intensity and

frequency
,
as required by the continued service criteria
,
pursuant to §

67:61:07:07
. If

counseling is provided
for adults
, these services
must
be less than nine hours in a one-week period. Services for adolescent
clients

must
be less than six hours in a one-week period.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
13
:
04
. Reimbursable services.
Reimbursable services are limited to face
-
to-face
and telehealth
contacts for the purpose of providing services

pursuant to§

67:61:13:02
.

Reimbursable services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48
.

Source:

43
SDR
80
, effective
December 5, 2016; 48 SDR 14, effective August 22, 2021
.

General Authority:
SDCL
34-20A-27
(1)(4).

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
13
:
05
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Driving
u
nder the
i
nfluence and
d
riving
w
hile
i
ntoxicated education courses;
(2)

Services
that
are solely recreational in nature;
(3)

Time spent preparing paperwork from client assessments or clinical

documentation;
(4)

Time spent traveling; and
(5)

Community
twelve-
step programs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
14

INTENSIVE
OUTPATIENT TREATMENT PROGRAM

Section

67:61:14:01
Eligibility criteria.

67:61:14:02
Services provided.

67:61:14:03
Intensity of services.

67:61:14:04
Reimbursable services.

67:61:14:05
Nonreimbursable
services.

67
:
61
:
14
:
01
. Eligibility criteria.
To be eligible for intensive outpatient
program
services:

(1)

The client
must be
at minimal risk of severe withdrawal;
(2)

The client
must either have
no or very stable biomedical conditions;
(3)
Any of the client's
emotional, be
havioral, or cognitive conditions, which may distract from the client's recovery and require monitoring, must be mild; and
(4) The client must meet one of the following:

(a) Have a variable engagement in treatment, ambivalence, or a lack of awareness of the substance use or mental health problem, and require a structured program to promote progress through the stages of change;
(b) Have substance use or mental health symptoms that have intensified and indicate a high
likelihood of relapse or continued use
,
without

close monitoring or support; or
(c)
Have
a non-supportive recovery environment, but
be
able to cope with structure and support.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
14
:
02
. Services provided.
The
intensive outpatient
program
must provide
:

(1)

An integrated assessment
,
pursuant to §

67:61:07:05
;
(2)

Crisis intervention;
(3)

Individual, group, and family counseling
providing
:

(a)

Education regarding alcohol and drug abuse and dependence, including

the biomedical effects of drug and alcohol use and abuse and the importance of

medical care and treatment in the recovery process; and
(b)

Education regarding tuberculosis and the human immunodeficiency

virus, how each is transmitted
,
and how to safeguard against transmission
;

(4)

Discharge planning
providing
:

(a)

Continued care planning and counseling;
(b)

Referral to and coordination of care with other resources that will assist

a client
'
s recovery, including education, vocational, medical, legal, social, mental

health, employment, and other related alcohol and drug services; and
(c)

Referral to and coordination of medical services
, including information detailing
the

availability of tuberculosis and human immunodeficiency virus services pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
14
:
03
. Intensity of services.

An intensive outpatient
program shall provide any combination of

individual, group, or family counseling
,
two or more times per week
,
to each client. Each

adult client
must
be provided with a minimum of nine hours of these services per week.

Each adolescent client
must
be provided with a minimum of
six
hours of these services per

week.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
14
:
04
. Reimbursable services.
Reimbursable services are limited to face
-
to-face
and telehealth
contacts for the purpose of providing services

pursuant to §

67:61:14:02
.

Reimbursable services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48
.

Source:

43
SDR
80
, effective
December 5, 2016; 48 SDR 14, effective August 22, 2021
.

General Authority:
SDCL
34-20A-27
(1)(4).

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
14
:
05
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Driving
u
nder the
i
nfluence and
d
riving
w
hile
i
ntoxicated education courses;
(2)

Services
that
are solely recreational in nature;
(3)

Time spent preparing paperwork from client assessments or clinical

documentation;
(4)

Time spent traveling; and
(5)

Community
twelve-
step programs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
15

DAY TREATMENT
PROGRAM

Section

67:61:15:01
Eligibility criteria.

67:61:15:02
Services provided.

67:61:15:03
Intensity of services.

67:61:15:04
Reimbursable services.

67:61:15:05
Nonreimbursable
services.

67
:
61
:
15
:
01
. Eligibility criteria.
To be eligible for day treatment
program
services:

(1)
A
client
must be
experiencing mild withdrawal or
be
at risk
of
withdrawal;
(2)

The client
must either have
no or very stable biomedical conditions;
(3)
Any of the
client
's
emotional, behavioral, or cognitive conditions
,
which may

distract from recovery and
require
stabilization
, must be mild
; and
(4)

The client
must
meet one of the following:

(a)
R
equire a structured program to promote progress through

the stages of change;
(b)
Be
at
a
high risk of relapse or continued use
,
and deterioration

in
the
level of functioning; or
(c)
Have an
environment
that
renders recovery unlikely
,
without structured

monitoring and support.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
15
:
02
. Services provided.
The
day treatment
program shall provide its clients with
the following
treatment services:

(1)

An integrated assessment
,
pursuant to §

67:61:07:05
;
(2)

Individual, group, and family counseling
providing
:

(a)

Education regarding alcohol and drug abuse and dependence, including

the biomedical effects of drug and alcohol use and abuse and the importance of

medical care and treatment in recovery; and
(b)

Education regarding tuberculosis and the human immunodeficiency

virus, how each is transmitted
,
and how to safeguard against transmission;

(3)

Education programming for adolescent
clients
; and
(4)

Discharge planning
providing
:

(a)

Continued care planning and counseling;
(b)

Referral to and coordination of care with other resources that will assist

a client
'
s recovery, including education, vocational, medical, legal, social, mental

health, employment, and other related alcohol and drug services; and
(c)

Referral to and coordination of medical services
,

including information detailing
the

availability of tuberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016
.

Additional services provided by residential day treatment programs
must
include

housing and dietary services
,
and medical care
including
the following:

tuberculosis and human immunodeficiency virus services pursuant to 42 U.S.C. §

300x-24
,
(Requirements Regarding Tuberculosis and Human Immunodeficiency Virus, October 27,

1992).
in effect on December 13, 2016.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
15
:
03
. Intensity of services.
The day treatment program for adults and

adolescents shall provide a minimum of
fifteen
hours of any combination of individual,

group, or family counseling services per week
,
to each client. A day treatment program

for adults shall provide a minimum of five hours of additional services per week
,
on

specialized topics
that
address the specific needs of the client. The additional services
must
be identified on the client's treatment plan or continued stay review. These services
must
be provided by an individual trained in the specific topic presented.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
15
:
04
. Reimbursable services.
Reimbursable
day treatment program
services are limited to face
-
to-face contacts
,
for the purpose of providing services
,
pursuant to §

67:61:15:02
. Services

are reimbursed through a per diem rate and are not eligible to be reimbursed through a
fifteen-
minute unit.

Reimbursable services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
15
:
05
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Billing for a client that exceeds the accredited bed capacity established by the
department
for clients residing in a residential day treatment program;
(2)

Driving
u
nder the
i
nfluence and
d
riving
w
hile
i
ntoxicated education courses;
(3)

Services
that
are solely recreational in nature;
(4)

Time spent preparing paperwork from client assessments or clinical

documentation;
(5)

Time spent traveling; and
(6)

Community
twelve-
step programs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
16

CLINICALLY-MANAGED
LOW-INTENSITY

RESIDENTIAL
TREATMENT PROGRAM

Section

67:61:16:01
Eligibility criteria.

67:61:16:02
Services provided.

67:61:16:03
Intensity of services.

67:61:16:04
Admission medical
examination.

67:61:16:05
Reimbursable services.

67:61:16:06
Nonreimbursable
services.

67
:
61
:
16
:
01
. Eligibility criteria.
To be eligible for clinically-managed
,
low
-
intensity

residential
treatment program
services:

(1)

The client
must be
at risk of or experiencing minimal withdrawal;
(2)

The client
must have either
no or very stable biomedical conditions;
(3)

The client
must have either
no or very stable emotional, behavioral, or cognitive conditions;
(4)

The client
must
require a structured environment to promote progress through the

stages of change;
(5)

The client
must require
structure to reinforce recovery and relapse prevention skills;

and
(6)

The client
'
s recovery environment poses a threat to safety or engagement in

treatment.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
16
:
02
. Services provided.

A clinically-managed, low-intensity residential treatment
program
must provide
:

(1)

An integrated assessment
,
pursuant to §

67:61:07:05
;
(2)

Individual, group, and family counseling
providing
:

(a)

Education regarding alcohol and drug abuse and dependence, including

the biomedical effects of drug and alcohol use and abuse and the importance of

medical care and treatment in recovery; and
(b)

Education regarding tuberculosis and the human immunodeficiency

virus, how each is transmitted
,
and how to safeguard against transmission;

(3)

Arts and crafts or work therapy
, provided
clients may not be required to

participate in more than
forty
hours of work therapy per week;
(4)

Housing and dietary services;
(5)

Medical care
including t
uberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §
3
00x-24
,

in effect on December 13, 2016
; and
(6)

Discharge planning
providing
:

(a)

Continued care planning and counseling;
(b)

Referral to and coordination of care with other resources that will assist

a client
'
s recovery, including education, vocational, medical, legal, social, mental

health, employment, and other related alcohol and drug services; and
(c)

Referral to and coordination of medical services
including information detailing
the

availability of tuberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
16
:
03
. Intensity of services.
A clinically-managed
,
low-intensity residential

treatment program
must
provide each client a minimum of five hours of any combination of

individual, group, or family counseling each week.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
16
:
04
. Admission medical examination.
A person admitted to a clinically
-
managed
,
low-intensity residential treatment program shall have received a medical

examination conducted by or under the supervision of a licensed physician
,
within the three

months before admission. The agency shall require that the results of the examination be

provided to the program
,
before or at the time of admission.

If an examination has not been conducted or the results are not available, the

program shall
ensure
that a medical examination occurs within five calendar days after

admission. The results of all medical examinations
must
be placed in the case record.

The
program
staff shall consider the client's medical health in the development of the treatment plan.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
16
:
05
. Reimbursable services.
Reimbursable services are limited to face
-
to-face contacts for the purpose of providing services pursuant to §

67:61:16:02
.
Room and board is
reimbursed through a per diem rate.

Documentation that the client was at the facility at the time of the daily census
must
be available to support billing.

Reimbursable services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48
.

Source:

43
SDR
80
, effective
December 5, 2016; 48 SDR 14, effective August 22, 2021
.

General Authority:
SDCL
34-20A-27
(1)(4).

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
16
:
06
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Billing for a client that exceeds the accredited bed capacity established by the
department
;
(2)

Driving
u
nder the
i
nfluence and
d
riving
w
hile
i
ntoxicated education courses;
(3)

Services
that
are solely recreational in nature;
(4)

Time spent preparing paperwork from client assessments or clinical

documentation;
(5)

Time spent traveling; and
(6)

Community
twelve-
step programs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
17

CLINICALLY-MANAGED
RESIDENTIAL DETOXIFICATION PROGRAM

Section

67:61:17:01
Eligibility criteria.

67:61:17:02
Information required to
be obtained at time of admission.

67:61:17:03
Agreement with hospital
for emergency care.

67:61:17:04
Availability of medical
director.

67:61:17:05
Monitoring and
documentation of client's condition.

67:61:17:06
Emergency first aid
training.

67:61:17:07
Services provided.

67:61:17:08
Intensity of services.

67:61:17:09
Reimbursable services.

67:61:17:10
Nonreimbursable
services.

67
:
61
:
17
:
01
. Eligibility criteria.
To be eligible for clinically-managed
,
residential

detoxification
program
services:

(1)

The client
must be
experiencing signs and symptoms of
a
withdrawal that is

manageable
at
this level of care; or
(2)

There
must be
evidence that withdrawal is imminent
,
based on
the client's:

(a) History
of substance

intake
;
(b) P
revious withdrawal history
;
(c) P
resent symptoms
;
(d) P
hysical condition
;
or
(e) E
motional,

behavioral
,
or cognitive condition.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
02
. Information required to be obtained at time of admission.

An
agency admitting
a
client
to a clinically-managed, residential detoxification program must
obtain the information required by
subdivision
67:61:17:07
(1), and

record the following observations and information in the client's case record:

(1)

Blood pressure, pulse, and respiration;
(2)
The p
resence of bruises, lacerations, cuts,
and
wounds;
(3)

Medications the client is currently taking;
(4)

Medications carried by the client or found on the client's person;
(5)

Any history of
:

(a) D
iabetes
;
(b) S
eizure disorders
,
including epilepsy
;
(c) D
elirium tremens
;
and
(d) C
onvulsive therapies
;

(6) Any
history of exposure to tuberculosis and any current signs or symptoms

of the disease;
(
7
)

Any history of medical, psychological, or psychiatric treatment; and
(
8
)

Any symptoms of mental illness.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
03
. Agreement with hospital for emergency care.

An
agency shall

have a written affiliation agreement
,
with a licensed hospital serving the area in which the
clinically-managed, residential detoxification
program is located
, for the provision of emergency, inpatient, and ambulatory medical services
.

The agreement
must
specify that the hospital consents to accept all transfers for prompt

medical evaluation. Documentation of the reason for the transfer
must
accompany all

transferred clients
,
as well as the documented history of
each
client's vital signs. Disclosure of

information about clients to the hospital
must be in compliance
with the requirements of 42 U.S.C. §

290dd-
2
,
in effect on March 27, 2020;
42 C.F.R. Part 2
,

in effect on January 18, 2017;
and 45 C.F.R. Part
s
160 and 164
,

in effect on September 26, 2016
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
04
. Availability of medical director.

An
agency
's

clinically-managed, residential detoxification program must
have a written

agreement with a licensed physician, physician assistant, or certified nurse practitioner to

serve as the medical director
,
or employ a licensed physician who is primarily responsible

for providing medical care to clients
to serve as medical director
. The medical director's responsibilities to the
clinically-managed, residential detoxification
program
are
:

(1)
Providing
advice on health
-
related policies and issues;
(2)
Providing
emergency medical care to admitted clients; and
(3)
Supervising
the medical treatment provided to the clients.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
05
. Monitoring and documentation of client's condition.
The
clinically-managed, residential detoxification
program

shall establish a policy and procedure concerning the steps staff shall take when

assessing and monitoring a client's physical condition and responding to medical

complications throughout the detoxification process.

Staff shall closely monitor the condition of each client during detoxification and

document the following information in the client's case record:

(1)

Blood pressure, pulse, and respiration
:

(a) A
t admission
;
(b) At least two
times in the first eight hours after admission
and
at

a greater frequency depend
ing
on the degree of
the client's
hypertension or hypotension
;
and
(c) A
t least

once every eight hours thereafter;

(2)

Physical, mental, and emotional state, including presence of confusion, anxiety,

depression, hallucinations, restlessness, sleep disturbances, tremors, ataxia, or excessive

perspiration; and

(3)

Type and amount of fluid intake.

Any staff member who assesses, monitors, or responds to a client's condition, must be trained to perform those functions
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
06
. Emergency first aid training.

C
ounseling and client supervisory

staff of
a clinically-managed, residential detoxification
program
must
be
certified
in emergency first aid and
cardiopulmonary resuscitation,
and trained to respond

to fires and other natural disasters.
The certifications and verification
of
the
training
must
be kept in the
staff member's
personnel file.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
07
. Services provided.
The
clinically-managed, residential detoxification
program
must
provide:

(1)

Initial assessment and planning within
forty-eight
hours of admission. The initial

assessment
must
be recorded in the client's case record and
describe
:

(a)

The client's current problems and needs;
(b)

The client's emotional and physical state
,
including screening for the

presence of cognitive disability, mental illness, medical disorders, collateral

information, and prescribed medications;
(c)

The client's drug and alcohol use
,
including the types of substances used,
both
prescribed
and
over the counter medications,
the
age of first use, the amount

used, the frequency of use, the date of last use, the duration of use, and the criteria

met for a diagnosis of use disorder for each substance; and
(d)

A statement of the intended course of action;

(2)

Individual, group, and family counseling
providing
:

(a)
I
nformation about alcohol and drug abuse programs whose

capabilities most nearly match the client's needs
,
based on completion of the initial

assessment;
(b)

Encourage
ment to
the client to use alcohol and drug abuse programs for long
-term
rehabilitation;
(c)

Education regarding alcohol and drug abuse and dependence, including

the biomedical effects of drug and alcohol use and abuse and the importance of

medical care and treatment in recovery; a
n
d
(d)

Education regarding tuberculosis and the human immunodeficiency

virus, how each is transmitted
,
and how to safeguard against transmission;

(3)

Housing and dietary services;
(4)

Medical care
,

including t
uberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016
; and

(5)

Discharge planning
providing
:

(a)

Continued care planning and counseling;
(b)

Referral to and coordination of care with other resources that will assist

a client
'
s recovery, including education, vocational, medical, legal, social, mental

health, employment, and other related alcohol and drug services; and
(c)

Referral to and coordination of medical services
,

including information detailing
the

availability of tuberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,

34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
17
:
08
. Intensity of services.

A clinically-managed, residential detoxification
program shall provide a

minimum of
thirty
minutes of any combination of the services listed in sub
sections
67:61:17:07
(2)(a)(b)(c)
and
(d)
, within forty-eight hours of admission, with an additional thirty minute minimum for each subsequent twenty-four hour period
.

Source:

43
SDR
80
, effective
December 5, 2016
; 46 SDR 50, effective October 10, 2019
; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

Rule 67:61:17:09 Reimbursable services.

67
:
61
:
17
:
09
. Reimbursable
services.

Reimbursable services are limited to face
-
to-face contacts for the purpose of
providing services pursuant to §

67:61:17:07. Services

are reimbursed
through a 12 hour unit rate and are not eligible to be reimbursed through a

15 minute unit.

Reimbursable
services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48.

Source:

43
SDR
80
, effective
December 5, 2016
.

General
Authority:
SDCL
34-20A-27.

Law
Implemented:
SDCL
34-20A-27.

67
:
61
:
17
:
10
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Driving
u
nder the
i
nfluence and
d
riving
w
hile
i
ntoxicated education courses;
(2)

Services
that
are solely recreational in nature;
(3)

Time spent preparing paperwork from client assessments or clinical

documentation;
(4)

Time spent traveling; and
(5)

Community
twelve-
step programs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

CHAPTER
67
:
61
:
18

MEDICALLY-MONITORED
INTENSIVE INPATIENT

TREATMENT PROGRAM

Section

67:61:18:01
Eligibility criteria.

67:61:18:02
Medical evaluations and
vital signs.

67:61:18:03
Availability of medical
director.

67:61:18:04
Services provided.

67:61:18:05
Intensity of services.

67:61:18:06
Reimbursable services.

67:61:18:07
Nonreimbursable
services.

67
:
61
:
18
:
01
. Eligibility criteria.
To be eligible for medically-monitored
,
inpatient

treatment:

(1)
T
he client
must be
experiencing moderate to severe withdrawal or is at risk

of severe withdrawal based on previous withdrawal history;
t
he client
'
s continued substance use causes imminent risk to

biomedical conditions; or
t
he client
'
s continued substance use causes imminent risk to

emotional, behavioral, and cognitive conditions; and

(2)

The client requires intensive monitoring and support to promote

progress through the stages of change;
t
he client is in immediate danger of continued severe substance use or

relapse and such behaviors present significant risk of serious adverse

consequences to the client
or to
others; or
t
he client
'
s recovery environment poses a threat to safety or

engagement in treatment or both.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
18
:
02
. Medical evaluations and vital signs.

A medically-monitored, inpatient treatment
program
must meet
the following
requirements
:

(1)

At the time of admission, each client's blood pressure, pulse, and respiration
must
be evaluated by staff trained to perform

these tests
and recorded in the client's case record
;

(2)

Within
eight
hours after admission, each client
must
receive a medical evaluation

conducted by a
registered nurse
or
a licensed practical nurse
. The results of this medical evaluation
must
be provided

to the program physician
. The program physician shall assess
whether the client needs
an
immediate and more extensive examination
before determining
the appropriateness of the

admission
.

T
he program physician
'
s approval
must
be documented in the client
'
s case

record
.

The medical evaluation
require
s:

(
a
)

A second reading of
the client's
blood pressure, pulse, and respiration;
(
b
)
An assessment of the client's m
ental and emotional status;
(
c) The identification of
bruises, lacerations, cuts, wounds,
and
other medical

conditions;
(
d
)
Documentation of c
urrent medication use and medications

being carried by the client; and
(
e
)
Documentation regarding a
ny history of diabetes
;
seizure disorders
,
including epilepsy
;
delirium tremens
;
and any history of
having undergone
convulsive therapies; and

(3)

Within
seventy-two
hours after admission,
the program must
have
completed the client's
blood count and urinalysis
tests
and
provided the client with a
complete physical examination by
,
or under the supervision of
,
a licensed

physician, who shall also evaluate the results of the tests conducted.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
(1)(4)(6)
.

67
:
61
:
18
:
03
. Availability of medical director.

An agency's medically-monitored, inpatient treatment program must
have a written

agreement with a licensed physician, physician assistant, or certified nurse practitioner to

serve as the medical director
,
or employ a licensed physician who is primarily responsible

for providing medical care to the clients
to serve as the medical director
. The medical director's responsibilities to the
medically-monitored, inpatient treatment
program
are
:

(1)
Providing
advice on health
-
related policies and issues;
(2)
Providing
emergency medical care to admitted clients;
(3)
Supervising
the performance of the medical examination and laboratory

tests required upon the client
'
s admission to the program; and
(4)
Supervising
the medical treatment provided to the clients.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
18
:
04
. Services provided.
The
medically-monitored, inpatient treatment
program
must
provide:

(1)

An integrated assessment
,
pursuant to §

67:61:07:05
;
(2)

Individual, group, and family counseling
providing
:

(a)

Education regarding alcohol and drug abuse and dependence, including

the biomedical effects of drug and alcohol use and abuse and the importance of

medical care and treatment in recovery; and
(b)

Education regarding tuberculosis and the human immunodeficiency

virus, how each is transmitted
,
and how to safeguard against transmission;

(3)

Housing and dietary services;
(4)

Education programing for adolescent
clients
;
(5)

Recreation and leisure time activities for adolescent
clients
;
(6)

Medical care,
including t
uberculosis and human immunodeficiency virus services
,
pursuant to

42 U.S.C. §
3
00x-24
,

in effect on December 13, 2016
; and

(7)

Discharge planning
providing
:

(a)

Continued care planning and counseling;
(b)

Referral to and coordination of care with other resources that will assist

a client
'
s recovery, including education, vocational, medical, legal, social, mental

health, employment, and other related alcohol and drug services; and
(c)

Referral to and coordination of medical services
,

including information detailing
the

availability of tuberculosis and human immunodeficiency virus services pursuant to

42 U.S.C. §

300x-24
,

in effect on December 13, 2016
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
18
:
05
. Intensity of services.
A medically-monitored
,
intensive inpatient

treatment program for adults
must
provide daily
,
to each client
,
a combination of individual,

group, or family counseling
,
which
must
total a minimum of
twenty-one
hours per week.

The

program
must
provide a minimum of nine hours of additional services on specialized

topics that address the specific needs of the client. The additional services
must
be

identified on the client's treatment plan or continued stay review. These services
must
be

provided by an individual trained in the specific topic presented.

A medically
-
monitored
,
intensive inpatient treatment program for adolescent
clients

must
include at least
fifteen
hours per week of any combination of individual, group, or family

counseling services.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27

67
:
61
:
18
:
06
. Reimbursable services.
Reimbursable
medically-monitored, intensive inpatient treatment program
services are limited to face
-
to-face contacts for the purpose of providing services
,
pursuant to §

67:61:18:04
. Services

are reimbursed through a per diem rate and are not eligible to be reimbursed through a
fifteen-
minute unit.

Documentation that the client was at the facility at the time of the daily census must

be available to support billing.

Reimbursable services for eligible Medicaid clients are limited to services provided

under chapter
67:16:48
.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.

67
:
61
:
18
:
07
. Nonreimbursable services.

The following are n
onreimbursable
under this chapter
:

(1)

Billing for a client that exceeds the accredited bed capacity established by the
department
;
(2)

Driving
u
nder the
i
nfluence and
d
riving
w
hile
i
ntoxicated education courses;
(3)

Services
that
are solely recreational in nature;
(4)
T
ime spent preparing paperwork from client assessments or clinical

documentation;
(5)

Time spent traveling; and
(6)

Community
twelve-
step programs.

Source:

43
SDR
80
, effective
December 5, 2016; 50 SDR 63, effective November 27, 2023
.

General Authority:
SDCL
1-36-25
,
34-20A-27
.

Law Implemented:
SDCL
34-20A-27
.