North Dakota Administrative Code

1. Continuing education. Each advanced esthetician shall complete annual continuing education which must commence on the calendar year following the year in which the initial license was issued to ensure knowledge of safety protocols for emerging products and procedures and regul…

1. Didactic training requirements. a. An advanced esthetician applying for cosmetic laser certification shall complete a minimum of forty hours of didactic instruction through a board-approved training provider, which may be delivered in person or through a distance learning form…

1. An active North Dakota advanced esthetician license is required. 2. Completion of a board-approved certification course and instructor attestation is required. The course: a. Must be board-approved twelve-hour program consisting of didactic and hands-on training; b. May be con…

1. An active North Dakota advanced esthetician license is required. 2. Completion of a board-approved eight-hour hybrid certification course and instructor attestation for hands-on competency from board-approved certification course is required. The course: a. Must be a minimum o…

Legacy license status honors the long-term commitment of licensees who have held a North Dakota license for forty-five years or longer and who are no longer actively engaged in the profession. 1. Eligibility. a. An individual holds an active license which has remained active for …

1. Application period. An individual must apply on or before December 31, 2027. 2. Eligibility and required documentation. To apply for an advanced esthetician license under the grandfather clause, a North Dakota-licensed cosmetologist or esthetician shall meet the following requ…

1. All apprenticeship programs must be registered with and maintain good standing with the United States department of labor office of apprenticeship. All such programs and their participants must comply with applicable federal apprenticeship laws and regulations, including title…

Sponsors shall apply for and receive board approval, providing proof of active United States department of labor office of apprenticeship registration and program standards. Sponsors are responsible for ensuring program operation adheres to their standards and North Dakota Centur…

Establishments shall: 1. Hold an active establishment license and apply for board approval to train apprentices, demonstrating capacity for on-the-job learning and identifying trainers; 2. Provide the board with a current list of approved apprentice trainers and report any change…

Individuals shall apply for and receive board approval and must hold an active license in the specific practice area for a minimum of three consecutive years and complete board-approved educator training to obtain an apprentice trainer registration. Apprentice trainers shall comp…

1. An apprentice shall: a. Meet age, employment, and United States department of labor office of apprenticeship registration requirements; b. Be registered with the board by the sponsor or establishment in a manner prescribed by the board and paying the applicable fee according t…

1. On-the-job learning. On-the-job learning must provide supervised practical training following the tasks and competencies outlined in the work process schedule. Minimum required hours are as follows: a. Cosmetology: two thousand five hundred hours; b. Esthetics: two thousand ho…

1. Fee transparency. The sponsor or establishment shall provide an apprentice with a clear, itemized, written disclosure of all program costs, including tuition, fees, books, kits, and supplies prior to signing the apprenticeship agreement. 2. Cost limitations. The sponsor or est…

1. Progress records. Sponsors and establishments shall maintain accurate, current records of each apprentice's on-the-job progress against the work progress schedule and related technical instruction attendance and completion. Trainers shall verify on-the-job training records. 2.…

The board or its designees shall conduct inspections of approved apprenticeship establishments at least annually for compliance. History: Effective January 1, 2026. General Authority: NDCC 43-11-05 Law Implemented: NDCC 43-11-16.1

1. If the board determines a sponsor or apprenticeship establishment is noncompliant with requirements, including failure to provide required training, inadequate supervision, violation of the one-to-one ratio, failure to maintain or submit accurate and timely records, violation …

Each apprentice in possession of the United States department of labor office of apprenticeship certificate of completion for a board-recognized program is eligible for board licensure upon completing and passing applicable theoretical, North Dakota state laws, rules, and regulat…

An applicant may submit a United States department of labor office of apprenticeship certificate of completion from a registered apprenticeship program in another state if the applicant provides documentation verifying that the completed program's required minimum on-the-job trai…

1. Organization of department. a. History. The territorial board of health for Dakota Territory came into being in 1885 with the responsibilities to make and enforce "all needful rules and regulations for the prevention and cure, and to prevent the spread of any contagious, infec…

In accordance with requirements under North Dakota Century Code section 14-02.1-02, the state department of health has developed an Induced Abortion Disclosure and Consent Form (Appendix A) to be executed in duplicate. The form shall be used by the physician, patient, parent or p…

Life-supporting equipment for the preservation of a viable fetus shall, as a minimum, include all of the following: 1. Oxygen source. 2. Heat source (overhead warmer, incubator, warmed blankets). General Authority: NDCC 23-01-03 Law Implemented: NDCC 14-02.1-05

In accordance with requirements of North Dakota Century Code section 14-02.1-07, the state department of health has a Report of Induced Abortion Form (Appendix B) to be executed in duplicate. The form shall be used by the hospital or facility in which an induced abortion is perfo…

Superseded by section 33-03-02-05.

Disposal of a nonviable fetus in a humane fashion shall consist of incineration, burial, or cremation. The licensed physician performing the abortion or the licensed hospital in which an abortion is performed may contract for out-of-state incineration, burial, or cremation of non…

The following definitions, in addition to the definitions in North Dakota Century Code section 23-17.3-01, apply to this chapter: 1. "Agency" means home health agency. 2. "Branch" means a location or site from which a home health agency provides services within a portion of the t…

If any part of this chapter is found to conflict with federal requirements, the more stringent shall apply. Such a finding or determination shall be made by the department and shall not affect the remainder of this chapter. History: Effective January 1, 1998. General Authority: N…

An entity meeting the definition of home health agency in North Dakota Century Code section 23-17.3-01 must obtain a license from the department to operate in North Dakota. A person or entity may not establish or operate an agency or use the terms home health agency or home healt…

The department may evaluate an agency's compliance with this chapter at any time through: 1. An announced or unannounced onsite review, including inspection and examination of all agency records and documents required by this chapter, interview with agency staff, and home visits …

1. An agency shall submit to the department a plan of correction addressing the areas of noncompliance with the licensure requirements of this chapter. 2. A plan of correction must include: a. How the corrective action will be accomplished for those patients found to have been af…

1. Agencies are subject to one or more enforcement actions, which may include suspension or revocation of a license or a denial to license for the following reasons: a. Noncompliance with the licensure requirements in this chapter has been identified which: (1) Presents imminent …

1. Upon a determination that the circumstances make imposition of a sanction appropriate, the department shall issue a written order identifying the violations and the sanction imposed. A copy of the order must be sent by registered mail, return receipt requested, to the agency's…

1. Within ten days after receipt of the order, the agency may request reconsideration by the department. Within fifteen days after receipt of a request for reconsideration, the department shall grant or deny the request for reconsideration and may suspend the imposition of any sa…

1. An agency dissatisfied with a decision on a timely request for reconsideration, which conforms to the requirements of subsection 2 of section 33-03-10.1-08, may appeal. An appeal may be perfected by mailing or delivering the information described in subdivisions a through d, t…

The governing body is legally responsible for the quality of patient care services; for patient safety and security; for the conduct, operation, and obligations of the agency; and for ensuring compliance with all federal, state, and local laws. Contracts, arrangements, or other a…

1. The agency shall develop, implement, and document an ongoing agencywide quality assessment program to monitor, evaluate, and improve the quality of patient care, administrative, and support services, including all contracted services, and to ensure services are provided in com…

The agency shall design, implement, and document educational programs to orient new employees and keep all staff current on new and expanding programs, therapeutic services, techniques, equipment, and concepts of quality care. 1. The following topics must be covered with all staf…

1. All therapeutic services delivered to the patient by the agency must be approved by the patient's physician, including frequency and duration of services. 2. All therapeutic services must be provided consistent with a written treatment plan established and periodically reviewe…

1. Skilled nursing services must be provided under the direction of a nurse executive or director of nursing who is a registered nurse licensed to practice in North Dakota, with at least one year's full-time experience in providing direct patient care in a home health setting and…

A written plan of care must be developed for each patient which must include reference to at least the following: 1. All pertinent diagnoses; 13 2. Prognosis, including short-term and long-term objectives of care; 3. Types and frequency of services to be provided, including medic…

An agency shall maintain clinical records for each patient and provide relevant information from these clinical records to the personnel providing services in the patient's home. 1. The clinical record must contain sufficient information to identify the patient clearly, to justif…

Any therapeutic service provided by the agency, either directly or by contract, must be provided by individuals qualified consistent with state law to provide the therapeutic service. Individuals providing therapeutic services shall: 1. Provide treatments in accordance with the s…

Any individual employed by an agency to provide home health aide services directly or by contract must complete a nurse aide training and competency evaluation program or a competency evaluation program which meets the following: 1. The training program must total at least sevent…

Words defined in North Dakota Century Code chapter 43-38 have the same meaning in this chapter, and in addition: 1. "Aseptic technique" means practices that render and keep the skin site and instruments free from all micro-organisms or contamination. 2. "Department" means the sta…

1. A person may not hold oneself out to the public as an electronic hair removal technician without a license issued by the department. 2. A license may not be sold, assigned, or transferred. 3. The license shall expire midnight on December thirty-first of the year issued. Licens…

Application for a license shall be made to the department on forms prescribed by the department. History: Effective September 25, 1979; amended effective May 1, 1994. General Authority: NDCC 43-38-03 Law Implemented: NDCC 43-38-03

1. The state health council shall delegate to the department the authority to manage and implement the electronic hair removal technician licensure program. 2. Upon receipt of an initial or relicensure application, the department shall evaluate the applicant's qualifications. 3. …