34-12-33. Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.Upon receipt of a complaint, the Department of Health may enter and inspect any establishment or facility registered or required to be registered pursuant to §34-12-32 to determine if there are violations of the licensing provisions of this chapter. Before entering an establishment or facility, the department shall obtain the consent of the owner, operator, or person-in-charge, or obtain a court order authorizing entry for the purpose of inspection unless an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to the health or welfare of residents. As used in this section, the term, person-in-charge, means the person present at a residential care facility who is responsible for its operation. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. cility who is responsible for its operation. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter. After an inspection is completed, the department may proceed in accordance with §34-12-34 to cause compliance with this chapter and the rules promulgated thereunder. Source: SL 1991, ch 272, §4; SL 1999, ch 172, §1.
South Dakota Legal Code