South Dakota assisted living center rules: what you must document about each resident

South Dakota's assisted living rules are compact. They tell you when to evaluate residents and what the evaluation tool must cover, but they say little about personal history or preferences. This page lays out what the text requires and where it is silent, based on the rules as published by the South Dakota Legislature and checked on September 28, 2026. Parts of article 44:70 were amended effective September 24, 2026, so confirm details with the Department of Health if you are working from an older printout.

Who these rules cover

ARSD article 44:70⁶ governs assisted living centers, licensed by the South Dakota Department of Health under SDCL 34-12. A center may operate a memory care unit (a secured unit), which carries the extra rules in § 44:70:04:12. Centers that admit or retain residents with cognitive impairment also follow § 44:70:05:07, whether or not they have a locked unit.

The evaluation: what it covers and by when

Before admission, a resident needs written orders from a physician, physician assistant or nurse practitioner and a physical examination. The facility's own evaluation follows a fixed schedule¹:

The facility shall evaluate and document each resident's care needs at the time of admission, thirty days after admission, and annually thereafter, to determine if the facility can meet the needs for each resident.ARSD 44:70:04:13

The resident evaluation tool must address nursing care needs, medication administration needs, cognitive status, mental health status, physical abilities (including ADLs, ambulation and assistive devices), and dietary needs. The cognitive status item is the only one that reaches into daily life, and it is framed around function:

Cognitive status, as shown by tasks performed routinely by a person; utilizing physical and social environmental features; to manage life situations, meal preparation, self-administration of medications, telephone use, housekeeping, laundry, handling finances, shopping, and use of transportation;ARSD 44:70:04:13(3)

That is a list of instrumental activities, not a record of who the person is. South Dakota does not require a social history, life history, daily routine or preference inventory by name. The 30-day evaluation is a useful built-in moment to add that material if you choose to, because by then staff have seen the resident's actual routine.

The care plan or service plan

Section 44:70:05:02 requires a written plan from the day of admission²:

The care plan or service plan must address personal care, and the medical, physical, mental, and emotional needs of the resident.ARSD 44:70:05:02

A licensed nurse (employed or contracted) assesses and documents that those needs have been identified and addressed. Residents have the right to participate in planning their care and treatment under § 44:70:09:07. The rule does not set a separate review interval for the plan, so most centers tie updates to the 30-day and annual evaluations and to changes in condition.

"Emotional needs" is the phrase that opens the door to personal material. A plan that knows what calms a resident, or which family members and topics matter to them, addresses emotional needs in a way staff can act on.

Activities and social programming

The activities rule is one sentence long, and it is individual³:

A planned activities program shall be provided with therapeutic activities designed to meet the needs and interests of each individual resident. Supplies and equipment shall be provided for activities to satisfy the individual interests of each resident.ARSD 44:70:09:16

"Each individual resident" appears twice. A center cannot show it meets that without knowing each resident's interests, even though no other section tells you to record them. Related rights sections require the facility to provide for residents' spiritual needs (§ 44:70:09:15) and to support each resident's "ability to preserve individuality, exercise self-determination, and control everyday physical needs" (§ 44:70:09:09).

Memory care and cognitive impairment

A center with a memory care unit must meet six conditions in § 44:70:04:12⁴. Two concern documentation:

Therapeutic programming must be provided to residents by the facility and must be documented by the facility in the overall plan of care;ARSD 44:70:04:12(2)

Confinement and its necessity must be based on a comprehensive assessment of the resident's physical and cognitive and psychosocial needs, and the risks and benefits of this confinement must be communicated to the resident's family;ARSD 44:70:04:12(4)

Staff assigned to the unit need specific training on its residents' needs, and at least one caregiver must be on the unit at all times. Separately, § 44:70:05:07 requires every center to use a validated cognitive screening tool at admission, yearly and after a significant change in condition, and to have the resident's practitioner document whether the center's services continue to enhance the resident's functioning⁵.

"Psychosocial needs" is the closest South Dakota comes to a social history. The rule does not define it, but a comprehensive psychosocial picture usually includes relationships, past roles, faith and what the person enjoys.

What surveyors tend to look for

Based on what the rules say to document:

• Dated evaluations at admission, at 30 days and at each anniversary, using a tool that covers all six required areas.
• A written care or service plan in place from admission that addresses emotional as well as physical needs.
• Evidence that the activities program reflects individual residents' interests, and supplies to match.
• Validated cognitive screens on schedule.
• For memory care, a comprehensive assessment supporting placement, family communication about risks and benefits, and therapeutic programming written into the plan of care.

Gathering interests and life history well

• Use the 30-day evaluation. Start a short interests conversation at admission and fill it out by the 30-day evaluation.
• Ask open questions. "Tell me about the farm," "What did you do on winter evenings?" and "Who taught you to cook?" reveal interests a checklist misses.
• Include family, especially for memory care, where they are already part of the placement conversation.
• Note comfort and avoidance. Write down what soothes the resident and which topics to avoid. It speaks directly to emotional needs in the plan.
• Revisit yearly. Update interests at the annual evaluation, and after any significant change.

How Porchlight can help

Porchlight helps you gather and keep the interests, routines and life-story material that South Dakota's activities rule and care plans depend on, in the resident's own words. A resident taps one large button on a tablet, a life question is read aloud and shown in large type, and the answer is recorded and transcribed. There are 800+ human-written questions organized by life chapter; any can be skipped and nothing is scored. Staff can note profile facts, including topics to avoid, and get a "Know Your Resident" briefing with conversation starters and a printable life-story biography. Families get a private page to listen and leave voice replies. Evaluations, care plans and compliance remain your center's responsibility.

Frequently asked questions

When must a South Dakota assisted living center evaluate a resident?

The facility must evaluate and document each resident's care needs at the time of admission, thirty days after admission, and annually after that. A validated cognitive screening tool is also used at admission, yearly, and after a significant change in condition.

What must the South Dakota resident evaluation tool cover?

Nursing care needs, medication administration needs, cognitive status, mental health status, physical abilities including activities of daily living, ambulation and assistive devices, and dietary needs.

Does South Dakota require a social history or life history?

Not by name. The general evaluation is functional and clinical. The activities program must meet the needs and interests of each individual resident, and a memory care placement must be based on a comprehensive assessment that includes psychosocial needs.

What must a South Dakota care plan include?

A written care plan or service plan, in place from the day of admission, must address personal care and the medical, physical, mental and emotional needs of the resident. Residents have the right to participate in planning their care.

What extra rules apply to South Dakota memory care units?

Therapeutic programming must be provided and documented in the overall plan of care, confinement must be based on a comprehensive assessment of physical, cognitive and psychosocial needs with risks and benefits communicated to family, staff need unit-specific training, and at least one caregiver must be on the unit at all times.