North Dakota Administrative Code

1. A respite care provider in a facility: a. Must be eighteen years of age or older; b. May not be a resident; c. Must possess qualifications of a provider specified in subsections 1 and 2 of section 75-03-21-08 excluding subdivision b of subsection 1 of section 75-03-21-08; and …

A provider: 1. May employ a temporary assistant who meets the standards of a substitute caregiver or a respite care provider in a facility as needed to assist with private pay residents who have physical limitations that require more than one provider to properly assist. 2. May n…

1. Three meals must be served daily. 2. Residents must be allowed access to food at any time and meal choices must be provided. Any restrictions on access to or choice of food because of health and safety concerns must be documented and justified in the person-centered service pl…

The provider shall furnish each prospective resident, or the resident's legal representative, and the department with a signed copy of the provider's service and rental agreement prior to the resident entering the facility. A copy signed by the resident or legal representative an…

1. The provider shall terminate care of a resident when care is no longer required or when the provider is no longer qualified to provide the care needed by the resident. 2. The provider who anticipates the termination of care to a resident shall provide the resident, or the resi…

The department may deny or grant a license. A license may be granted subject to such reasonable limitations, restrictions, or conditions as the department may determine to be necessary and appropriate to assure safety and adequate care for residents for which application has been…

The department may revoke or deny a license for any of the reasons permitted in law, or any combination of reasons. A revocation or denial based on more than one reason must be affirmed, on appeal, if the evidence supports any reason given for revocation or denial. A provider who…

The denial of an application or the revocation of a license applies to all individuals who applied to be licensed at the facility or who are listed as providers on the license. An application for a license may be denied or a license may be revoked if: 1. Any conditions set forth …

A copy of a notice of revocation or a notice of denial of a license application may be provided to any resident, any individual who resides in a place under circumstances which may require that place to be licensed as a facility for care of that individual, to any guardian, conse…

A provider or proposed provider whose license has been revoked or whose license application has been denied may not reapply, without the written permission of the department: 1. Until a final, unappealable determination has been made with respect to the denial or revocation; and …

The department may issue a provisional license to an applicant who has previously held an unrestricted license. 1. Any provisional license issued must be accompanied by a written statement identifying in what respect the applicant or the facility does not comply with North Dakota…

The following time periods are established for correction of deficiencies identified in a correction order: 1. For a deficiency requiring a provider or substitute caregiver to provide written documentation of qualifications in providing foster care for adults, a period of up to t…

A licensed provider, if issued a notice of noncompliance with a correction order, must be assessed fiscal sanctions. 1. A violation of any of the following sections subjects the licensed provider to a fiscal sanction of twenty-five dollars per day: subsections 1, 3, 4, 5, 8, and …

The following records must be kept and maintained for each resident in the facility: 1. The resident's full name and birth date; 2. The name, address, and telephone number of the resident's legal representative when one exists and an emergency contact; 3. Names, addresses, and te…

The department shall conduct facility visits at time of licensure, licensure renewal, or upon evidence of noncompliance. Monitoring visits at the time of licensure renewal or upon evidence of noncompliance must include home- and community-based setting experience interviews with …

In this chapter, unless the context or subject matter otherwise requires: 1. "Abuse" means any willful act or omission by an individual which results in physical injury, mental anguish, unreasonable confinement, sexual abuse, or exploitation to or of a resident. 2. "Agency" means…

1. An agency's application for a license to operate a facility must be made to the department. 2. An application must be made in the form and manner prescribed by the department. 3. An application for a license must be filed immediately upon change of agency or facility's locatio…

1. Issuance of a license to operate a facility indicates an agency's compliance with the required standards, rules, and laws at the time of issuance. 2. A license is nontransferable. 3 3. A license is valid only for the agency named and the facilities' premises described on the l…

A single license may be issued authorizing the provision of both residential habilitation and community support services by one applicant or single licenses may be issued authorizing the provision of each discrete service, at the discretion of the department. A license denial or …

1. The department, within sixty days from the date of the receipt of an application for a license, or upon finding an agency in noncompliance with the rules of the department, shall notify the applicant or agency's principal officer of the department's intent to grant, deny, or r…

1. A license issued pursuant to this chapter must be denominated "unrestricted license" or "provisional license". 2. An "unrestricted license" may be issued to an applicant who complies with the rules and regulations of the department and North Dakota Century Code chapter 50-11, …

1. An applicant may submit an application, on a form provided, for a provisional license, permitting the provision of a new provider agency. a. A provisional license may be issued to an applicant who complies with the rules and regulations of the department and North Dakota Centu…

The agency shall place the license in an area accessible to the public and where it may be readily seen. Licenses need not be placed on display in residences or residential areas of a facility but must be available to the public or the department upon request. History: Effective …

The department may not recognize or approve the activities of unlicensed entities in securing public funds from the United States, North Dakota, or any of its political subdivisions. The department may not purchase any service from such unlicensed entities. History: Effective Jan…

Upon a determination that activities subject to licensure are occurring or have occurred, the department shall notify the person that the activities are subject to licensure. The notice must include a citation of the applicable provisions of these rules, an application for a lice…

The department herein adopts and makes a part of these rules for all agencies the 2015 third edition of the Basic Assurances tool, including all factors and indicators standards used for accreditation by the council on quality and leadership. If an agency fails to meet an accredi…

Services provided to eligible residents must be identified and licensed by the following titles for older adults and individuals with physical disabilities: 1. Residential habilitation services; or 2. Community support services. History: Effective January 1, 2020. General Authori…

1. The facility must be: a. Free of warped or damaged floors, loose or unsecured floor coverings, loose tiles, broken or damaged windows, loose or broken handrails, broken light bulbs, and other hazards that would affect the safety of a resident; b. Maintained by a central heatin…

1. Facilities must be small enough and of a modest design, minimizing the length of hallways, the number of exterior corners, and the complexity of construction, to ensure the development of meaningful interpersonal relationships and the provision of proper programming, services,…

1. Facilities must be located at least three hundred feet [91.44 meters] from hazardous areas, including bulk fuel or chemical storage, anhydrous ammonia facilities, or other fire hazards or sources of noxious or odoriferous emissions. 2. Facilities may not be located in areas su…

1. Bedrooms must accommodate no more than two residents. 2. Bedrooms must provide at least one hundred square feet [7.43 square meters] per resident in a single occupancy bedroom, and at least eighty square feet [5.57 square meters] per resident in a double occupancy bedroom, bot…

1. Kitchens must provide sufficient space to permit participation by both employees and residents in the preparation of food. 2. Kitchens must provide appropriate space and equipment, including a two-compartment sink, to adequately serve the food preparation and storage requireme…

1. Bathrooms must be located in places that facilitate maximum self-help by residents. 2. Bathrooms must provide showers or bathtubs, toilets, and lavatories approximating normal patterns found in homes, unless specifically contraindicated by program needs. 3. Bathrooms must serv…

Laundry space must provide a washer and dryer, storage for laundry supplies, accommodations for ironing, and counterspace for folding clothing and linen. History: Effective January 1, 2020. General Authority: NDCC 50-06-16, 50-11 Law Implemented: NDCC 50-11-03

1. Facilities shall provide access to all areas of the facility, with due regard for privacy, personal possessions, and service provision, with limitations of personal areas of employees. 2. Facilities shall provide for a resident to personalize the resident's portion of the livi…

1. Facilities must be located in areas where public or private water supplies approved by the department of environmental quality are available. Approved public water supplies must be used where available. 2. When a private water supply is used, water samples must be submitted to…

1. Facilities must be located in areas where public or private sewage disposal systems approved by the department of environmental quality are available. Approved public sewage disposal systems must be used, where available. 2. Plans and specifications for proposed private sewage…

An agency shall have written plans and procedures, that are clearly communicated to and periodically reviewed with employees and residents for meeting emergencies, including fire, serious illness, severe weather, and missing residents. Applicable requirements of state law and reg…

An agency shall secure and maintain adequate insurance and bonds appropriate for the size of the programs including: 1. A blanket fidelity bond equal to not less than ten percent of the total operating costs of the program; 2. Property insurance covering all risks at replacement …

Upon written application and good cause shown to the satisfaction of the department, the department may grant a variance to an agency from subsection 1 of section 75-03-21.1-14 and subsections 2 and 3 of section 75-03-21.1-16, except no variance may permit or authorize a danger t…

Applicants occupying buildings, whether owned or leased, shall provide the department with the following: 1. The written report of an authorized fire inspector, following an initial or subsequent annual inspection of a building, which states: 12 a. Rated occupancy and approval of…

1. Applicants shall meet the applicable life safety standards established by the local governing municipality's ordinances. If the local governing municipality has no ordinances establishing life safety standards, the residential service facilities shall meet, as determined by th…

1. Pets not confined in enclosures may not present a danger to a resident, visitors, or employees based upon the size, temperament, or obedience of the pet. Proof of pet vaccination is required and shall be submitted to the department. 2. The facility must be located where a comm…

1. The direct service provider employee must: a. Be eighteen years of age or older; b. Possess the physical health necessary to provide care; c. Be literate and capable of understanding instructions and communicating in the English language; d. Be in good physical health, emotion…

1. A physician, registered nurse, occupational therapist, physical therapist, or other individual with a professional degree in specialized areas of care shall verify in writing, on forms furnished by the department, that a direct service provider employee is competent to perform…

The provider: 15 1. Shall permit a representative of the department, human service zone, or other individual or organization serving a resident entry into the facility without prior notice; 2. Shall provide information about the residents to the department, human service zone, or…

An agency shall implement policies and procedures to assure that critical incidents including alleged abuse, neglect, and exploitation and use of restraint are immediately reported as required by the department. History: Effective January 1, 2020. General Authority: NDCC 50-06-16…

1. The applicant shall affirm the right of the department or human service zone to enter any of the applicant's buildings or facilities and access to its records to determine the extent to which 17 the applicant is in compliance with the rules of the department, to facilitate ver…

The applicant shall affirm the right of duly authorized representatives of the department to inspect the records of the applicant, to facilitate verification of the information submitted with an application for licensure, and to determine the extent to which the applicant is in c…

Any applicant or agency that denies the department or human service zone access to a facility or its records, must have its license revoked or its application denied. History: Effective January 1, 2020. General Authority: NDCC 50-06-16, 50-11 Law Implemented: NDCC 50-11-03