Department of Health



Click on rule for more detail and information.



 TitleShort DescriptionPublic Hearing DatesInterim Commitee HearingComment Deadline 
Intellectual Disability Terminology Update The effect of these changes will be to: remove all references to “mental retardation” or “mentally retarded” from Department of Human Services, Department of Social Services, and Department of Health Administrative Rules and replace them with “intellectual disability”. These changes will remove terms from South Dakota Administrative Rules that are outdated and offensive and replace those terms with more appropriate people’s first language. The new terminology will not alter the meaning of any current rules. 11/27/2013 12/17/2013 12/09/2013
Board of Medical & Osteopathic Examiners The proposed rules create the standards in which an applicant can be issued a license through reciprocity and allows provisional licenses to those requesting the examination waiver based on ABMS Board Certification. 11/13/2013 12/17/2013 11/12/2013
Board of Nursing The effect of the rules will be to update the definition section to include certified registered nurse anesthetist and clinical nursing specialist in the definition of licensee. The proposed rules clarify that all newly licensed certified registered nurse anesthetists and clinical nurse specialists must complete a criminal background check regardless if they hold an RN license. The proposed rules update the references to the American Nurses Association Nursing Scope and Standards of Practice and Guide to the Code of Ethics for Nurses: Interpretation and Application for registered nurses and the National Association of Practical Nurse Education and Service’s Standards of Practice and Educational Competencies of Graduates of Practical/Vocational Nursing Programs as the criteria for assuring safe and effective practice following licensure. The proposed rules repeal the course outline and criteria for approval of a course for the preparation of licensed practical nurses for kidney dialysis functions and grants authority for licensed practical nurses to perform kidney dialysis functions if a course is completed that includes required content. The rules for the delegation of nursing tasks are amended to include the delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel in accordance with a required protocol. A registration is required for individuals trained to perform insulin administration; for individuals that have completed a 20 hour medication administration training program and for dialysis technicians. The proposed rules remove certification language from the rules for certified registered nurses anesthetists and replace it with licensure in accordance with newly enacted legislation. The Nurse Education Loan Assistance Program is changed to a scholarship program in accordance with 2014 legislative changes. The number of days that a nurse may practice on a former home state license when changing primary residence is increased from 30 to 90 days in accordance with the administrative rules for the Nurse Licensure Compact. 06/12/2014 07/08/2014 06/10/2014
Board of Dentistry Update administrative rules related to general sedation, deep sedation, and moderate sedation. 10/17/2014 12/16/2014 10/15/2014
South Dakota Board of Optometry The proposed rules will: (1) increase the annual renewal fee for optometrist from $220 to $300; (2) update approved procedures to be consistent with standards in the practice of optometry; and (3) set out in rules a complaint investigation process. 10/22/2014 12/16/2014 10/20/2014
Department of Health - Newborn Metabolic Screening The effect of the rules will be to add severe combined immunodeficiency disorder (SCID) to the mandated newborn screening panel and ensure NBS specimens will not be used for any purpose other than for newborn screening for which they were collected. Deletions will remove language conflicting with current protocols and standard operating procedures for the services of a centralized designated contract laboratory for newborn screening. 11/17/2014 12/16/2014 11/27/2014
Board of Chiropractic Examiners Clarifies licensing process and ensures qualified and competent chiropractors are issued licenses; allows a means for reactivating lapsed chiropractic radiographic and chiropractic assistant certificates; aligns education requirements with national standards and establishes same education cycle for all chiropractic licensees; and replaces obsolete materials for peer review process. 12/06/2014 12/16/2014 12/04/2014
Department of Health - Assisted Living Centers Allows assisted living centers to admit and retain residents requiring dining assistance or needing additional staff for up to total assistance to complete activities of daily living or to turn or raise in bed and to transfer. 11/24/2014 12/16/2014 12/04/2014
South Dakota Board of Medical and Osteopathic Examiners The reason for adopting the proposed rules is to clearly define what constitutes a conflict of interest for Board members involved in hearings of the Board of Medical and Osteopathic Examiners; to provide a guideline for physicians to use when prescribing controlled substances; to standardize the ethical expectations of licensees and to assist in potential disciplinary proceedings. 03/11/2015 04/20/2015 03/10/2015
Reorganization of the Office of Emergency Medical Services to the South Dakota Department of Health Update ARSD 44:05 to reflect the reorganization of the Office of Emergency Medical Services to the South Dakota Department of Health 05/20/2015 06/08/2015 05/30/2015
Newborn Metabolic Screening Adds severe combined immunodeficiency disorder (SCID) to the mandated newborn screening panel. 06/01/2015 07/20/2015 06/11/2015
Board of Pharmacy Establishes the ability of pharmacies to increase the technician to pharmacist ratio since variance requirements currently in administrative rule are now becoming the norm versus the exception. 06/12/2015 07/20/2015 06/11/2015
Board of Dentistry Changes the name Advanced Dental Assistant to Registered Dental Assistant and updates the definition to maintain consistency with state law. 06/19/2015 07/20/2015 06/16/2015
Health Care Facilities The reason for adopting the proposed rules is to update and create separate Articles for each licensed facility type for clarity and ease of use by industry, public, and governmental organizations; address meaningful use provisions of electronic health records for operators of X ray equipment; and redefine the geographic area for redistribution of nursing facility beds. 08/26/2015 09/21/2015 09/05/2015
South Dakota Reportable Disease List Update Adds Coccidioidomycosis, Leptospirosis, Middle East respiratory syndrome (MERS), Chikungunya, Colorado Tick Fever, Lead (elevated blood levels in children and adults), Silicosis, Carbon monoxide poisoning and Pesticide-related illness and injury, acute to the South Dakota Reportable Disease list. 10/07/2015 11/09/2015 10/17/2015
123