State Seal REGISTER

South Dakota Legislative Research Council

Volume 26 Monday, 8:00 a.m., November 15, 1999


A COPY OF EACH REGISTER IS FILED IN THE OFFICE OF THE SECRETARY OF STATE

NOTICES OF PROPOSED RULES: (The date in parentheses is the date the rules were filed in the Legislative Research Council):

Bureau of Personnel: Career Service Commission: (November 10, 1999) is considering rules to improve the selection, recruitment, and promotion of career service employees; the certification and evaluation of applicants and employees; removal of applicants from the selection process; types of appointments and probationary periods; veterans' preference, disability consideration, reemployment registers and consideration, selective certification, conditional certifications, addendum to certification and re-employment rights; transfers, class specifications, exemptions, demotions, layoffs, reclassifications, inconvenience pay, and holiday pay; donated leave; causes for disciplinary action, work improvement plans, performance issues, grounds for dismissals and the appeal/grievance process; and delete rules regarding workers' compensation reassignment. The general authority for these rules, as cited by the commission, is SDCL 3-6-8.4, 3-6-8.6, 3-6-10.1, 3-6A-13, 3-6A-21, 3-6A-28, 3-6A-29, and 3-6A-36.

A public hearing will be held in Room 468, 4th Floor, Capitol Building, Pierre, South Dakota, on Tuesday, December 7, 1999, at 8:30 a.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to the Career Service Commission, Bureau of Personnel, 500 East Capitol, Pierre, South Dakota, 57501 and must be received by December 7, 1999, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the bureau can make arrangements may call (605) 773-4918 at least forty-eight hours before the hearing.

Department of Health: Radiation Control: (November 10, 1999) is proposing rules to add or clarify definitions; require license application on prescribed form; require licensing of temporary radiation-producing devices; describe prohibited uses of radiation; replace outdated equipment standards for diagnostic x-ray equipment; establish equipment standards for computed tomography systems; describe general safety provisions; establish requirements for personal protective devices and operator's protection; require reporting of incidents; establish requirements for x-ray film processing and darkrooms; require quality assurance programs; require shielding plan review prior to equipment installation, notice of installation of radiation equipment, maintenance of equipment records, and establish equipment calibration requirements; require survey by the department; and establish mammography requirements and operator orientation and training requirements. The general authority for these rules, as cited by the department, is SDCL 34-1-17, 34-21-4.1, and 34-21-15.

A public hearing will be held in the Matthew Training Center, Joe Foss Building, 523 East Capitol, Pierre, South Dakota, on Monday, December 6, 1999, at 10:30 a.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to Joan Bachman, Department of Health, 615 East 4th Street, Pierre, South Dakota 57501-1700, and must be received by December 16, 1999, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 773-3356 at least forty-eight hours before the hearing.

Department of Health: Medical Services: (November 10, 1999) intends to adopt rules to add or clarify definitions; replace rural primary care hospital with critical access hospital; provide for a license reprocessing fee; limit resident census for all licensed facilities; limit licensed beds and length of stay for critical access hospitals; require a written plan of correction for noncompliance with licensure requirements; revise modifications permitted; require policies and procedures for pets in nursing facilities and assisted living centers; require separate clean and soiled laundry utility rooms; require product reprocessing in accordance with manufacturers' recommendations and department approval for modifications; require minimum water temperature for resident and patient areas; require locking certain exits; prohibit use of portable heaters, halogen lamps, and household electric blankets; permit admission of residents with a communicable disease to a nursing facility with appropriate infection control measures; redefine requirements for tuberculin testing for residents of nursing facilities and assisted living centers; redefine restraints; require training in medication administration under certain circumstances; require hospitals to establish written protocols for organ procurement; require nursing care planning from day of admission; require resident assessment training and nutritional assessment for nursing facility residents; require proper storage and labeling of medication samples; permit licensed pharmacy in nursing facility to utilize a stock bottle system; require signed orders for medications by any prescribing practitioner in an assisted living center; require medical records for each level of care; revise retention requirements for nursing facility resident assessment records; require radiological reports be retained ten years; require space and equipment for patient, staff, and visitors for approval of outpatient rehabilitation services; limit swing beds in critical access hospitals; update Life Safety Code and Uniform Building Code references; delete references to incinerators; require handrails in corridors; revise specifications for doors; delete reference to chutes; revise ceiling heights; repeal requirement to submit data for foundations; revise ventilating systems requirements; require venting for cooking appliances; delete ventilation requirements for anesthesia storage and boiler rooms; delete requirements for nonflammable medical gas systems and electrical equipment installation in special areas; delete formula room requirements; revise emergency room to emergency care area; limit scope of surgical and anesthesia procedures in ambulatory surgery centers; correct department's address; permit the department to place a nurse aide on probation; describe the notice and hearing process for nurse aide allegations of abuse and neglect and describe documentation for nurse aide allegations of abuse or neglect. A new chapter will be added on Adult Foster Care. The general authority for these rules, as cited by the department, is SDCL 34-1-17, 34-12-5, 34-12-6, 34-12-13, 34-12-29, and 34-22-9.

A public hearing will be held in the Matthew Training Center, Joe Foss Building, 523 East Capitol, Pierre, South Dakota, on Monday, December 6, 1999, at 11:00 a.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to Joan Bachman, Department of Health, 615 East 4th Street, Pierre, South Dakota 57501-1700, and must be received by December 16, 1999, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the department can make arrangements may call (605) 773-3356 at least forty-eight hours before the hearing.

South Dakota Lottery: (November 12, 1999) intends to adopt rules to update existing Powerball Lottery rules to be consistent with rules adopted by the Multi-State Lottery Association. Changes concern the set prize reserve account, payment of grand prizes, and signatures for ticket responsibility. The general authority for these rules, as cited by the commission, is SDCL 42-7A-21.

A public hearing will be held in the Anderson Room at the Governors Inn, 700 West Sioux, Pierre, South Dakota, on Friday, December 3, 1999, at 10:30 a.m. to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Lottery, 207 East Capitol, Pierre, South Dakota, 57501 and must be received by December 2, 1999, to be considered. This hearing is being held in a physically accessible place. Persons who have special needs for which the commission can make arrangements may call (605) 773-5770 at least forty-eight hours before the hearing.

South Dakota Commission on Gaming: (November 12, 1999) is proposing changes to Deadwood gambling rules to prohibit support licensees from gambling or wagering in any licensed establishment where they are employed and to revise the control program requirements in slot machines where storage mediums are alterable. The proposed racing rules will bring South Dakota racing rules into compliance with model rules on racing; bring rules governing racing into current practices and procedures; incorporate summary suspension procedures in racing; make pari-mutuel racing more secure and preserve the integrity of horse racing in South Dakota; allow the Commission or its agents or employees better access to premises where racing or pari-mutuel wagering is conducted; allow the Commission to summon licensees pertaining to investigation or disciplinary matters; allow for the exclusion of undesirable individuals; repeal or transfer outdated and unused rules pertaining to satellite wagering in greyhound racing; establish better practices relating to greyhound racing; establish better practices for licenses and licensing procedures; create a more thorough list of grounds for disciplinary action and other proscribed conduct as it pertains to licensees in pari-mutuel wagering; and to set forth a new chapter dealing specifically with satellite wagering practices in South Dakota. The general authority for these rules, as cited by the commission, is SDCL 42-7-56, 42-7-93, 42-7B-7, and 42-7B-11.

A public hearing will be held at City Hall, 102 Sherman Street, Deadwood, South Dakota, on Thursday, December 9, 1999, at 9:00 a.m. (MST) to consider the adoption of the proposed rules. Copies of the proposed rules may be obtained from and written comments sent to the South Dakota Commission on Gaming, 118 West Capitol, Pierre, South Dakota, 57501-2017. This hearing is being held in a physically accessible place. Persons who have special needs for which the commission can make arrangements may call (605) 773-6050 or (605) 578-3074 at least forty-eight hours before the hearing.

 

FILINGS IN THE SECRETARY OF STATE'S OFFICE:

Executive Appointments:

Donald A. Kirkegaard, Britton, was appointed November 3, 1999, to the South Dakota Professional Administrators Practices and Standards Commission, to replace Don Aker, effective immediately and to continue until December 31, 2000.

Roxanne M. Johnson was appointed November 8, 1999, as an Assistant Attorney General.

Note: A copy of the rules may be obtained directly from the above agencies. Write to the agency at the address given under "Notices of Proposed Rules." There is no charge for proposed

rules. The following agencies have permission from the Interim Rules Review Committee to charge for adopted rules: the Division of Insurance, the Cosmetology Commission, the State Board of Examiners in Optometry, the State Plumbing Commission, the Board of Nursing, the Department of Social Services, the State Electrical Commission, the South Dakota Board of Pharmacy, the Real Estate Commission, the Gaming Commission, the Department of Commerce and Regulation for commercial driver licensing, the Department of Labor for Article 47:03, and the Department of Revenue.

 

 

 

REMINDER OF HEARINGS SCHEDULED

 

11-16-99

Secretary of State: Board of Finance

$75 per diem paid recycling and waste management district or water development district board members; 26 SDR 47.

11-18-99

Transportation

Amend speed zones in Minnehaha, Kingsbury, Lincoln, and McPherson Counties; 26 SDR 63.

11-19-99

SD State Cement Plant Commission

Amend retirement plans; 26 SDR 61.

11-22-99

Health

Requirements for amending vital records, increase fees for birth and death certificates, clarify deposit of fees collected by both county and state; 26 SDR 63.

11-30-99

Human Services

Rules relating to Rehabilitation Services, Developmental Disabilities, Developmental Center at Redfield, Human Services Center at Yankton; 26 SDR 63.

12-1-99

Environment and Natural Resources: Water Management Board

Repeal part of the reporting requirement for applying chemical though an irrigation system; 26 SDR 55.

12-1-99

Bureau of Administration

Increase initial purchase cost of public personal property requiring inventory from $1,000 to $5,000 and set fees charged by newspapers for legal publications; 26 SDR 67.

12-2-99

Commerce and Regulation: Board of Accountancy

Define initial and reexam applicants, increase exam fees, clarify procedures for disability requests, clarify CPA and PA designation, procedure for admission of exam candidate, clarify professional ethics rules, update references; 26 SDR 67.

12-3-99

South Dakota Lottery

Update Powerball Lottery rules to be consistent with Multi-state Lottery Association rules; 26 SDR 73.

12-6-99

Health

Operation of diagnostic radiation equipment; 26 SDR 71.

12-6-99

Health

Critical access hospitals, standards of health, safety and sanitation in nursing and assisted living centers; Adult Foster Care; 26 SDR 72.

12-7-99

Bureau of Personnel: Career Service Commission

Selection, recruitment, and promotion of career service employees; 26 SDR 71.

12-9-99

SD Commission on Gaming

Deadwood gambling prohibit licensees from gambling at their place of employment; slot machine rules consistent with current practices and procedures; racing rules comply with model rules on racing; make pari-mutuel racing more secure; 26 SDR 73.

 

Rules Review Committee Meeting

The next meeting of the Interim Rules Review Committee will be held Tuesday, December 14, 1999, in Legislative Conference Rooms 1 and 2, Third Floor, State Capitol, Pierre, starting at 9:00 a.m. Agencies whose rules have had a public hearing are asked to have a representative present at the meeting to give background information on their rules.

Each agency is requested to provide LRC with eight copies of the most recent draft of its rules two days before the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The South Dakota Register, ISSN 0191-1104, is published by the South Dakota Legislative Research Council pursuant to SDCL 1-26A-1. Subscriptions to Volume 26 are $20. Make checks payable to "State of South Dakota" and mail to the Legislative Research Council, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070. Information from the Register is available free of charge on the Internet at http://www.state.sd.us/state/legis/lrc.htm.