South Dakota
SDCL 34-12-1.1 defines an assisted living center broadly as any institution, rest home, boarding home, place, building or agency that provides personal care and services beyond basic food, shelter and laundry. The statute sets no minimum number of residents. There is one license category, with added rules for memory care units, and centers with 16 or fewer licensed beds may ask for modifications of some standards (ARSD 44:70:01:09). The rules were amended in 2023 and 2024, and the definitions and resident acceptance/retention rules were amended again effective September 24, 2026 (53 SDR 34).
License categories
Assisted Living Center
Key laws
SDCL 34-12 (definitions at ยง 34-12-1.1)
Health Care Facilities — official text
ARSD 44:70
Assisted Living Centers — official text
Key requirements
- Staff must be awake at all times, with limited exceptions (ARSD 44:70:04:03)
- Administrator must be a licensed health professional, a graduate of an accredited long-term care/health administration program, or complete a department-approved assisted living administrator course (44:70:04:02)
- Residents are admitted and retained on the orders of a physician, PA or NP, and only if the center can care for them safely; a physical exam is required at admission (44:70:04:06, 44:70:04:13)
- A memory care unit must have at least one caregiver on duty at all times (44:70:04:12)
Sources
- https://doh.sd.gov/healthcare-professionals/health-facility-licensure/facility-types/assisted-living-centers/
- https://sdlegislature.gov/api/Statutes/34-12-1.1.html
- https://sdlegislature.gov/api/Rules/Rule/44:70.html?all=true
- https://sdlegislature.gov/api/Rules/Rule/44:70:01.html?all=true
- https://sdlegislature.gov/api/Rules/Rule/44:70:04.html?all=true
- https://doh.sd.gov/healthcare-professionals/health-facility-licensure/health-facility-complaints/
- https://doh.sd.gov/news-statutes/statutes-rules/