North Dakota Administrative Code

1. The department will recognize an applicant for a license as eligible for a license when the applicant has graduated from a school which has provided at a minimum two hundred hours of training in the following curriculum areas taught by instructors: a. Practical training in the…

In lieu of the course requirements listed in section 33-03-11-08, operators of depilatron and removatron-type hair removal machines shall be required to complete forty hours of coursework in an acceptable program designed specifically for the machines which they will be operating…

1. "Approved" means determined acceptable in writing, by the department. 2. "Aseptic technique" means practices that render and keep the skin site and instruments free from all micro-organisms or contamination. 3. "Department" means the state department of health. 4. "Electrologi…

1. The state health council shall delegate to the department the authority to manage and implement the electrology licensure program. 2. A person may not hold themselves out to the public as an electrologist or practice electrology without a current license issued by the departme…

Application for an initial license must be made to the department on forms prescribed by the department and must be accompanied by: 1. The initial license fee; 2. Proof of age of at least eighteen and identity such as driver's license or birth certificate, and a copy of a high sc…

Repealed effective May 1, 1994.

Repealed effective May 1, 1994.

Repealed effective May 1, 1994.

Repealed effective May 1, 1994.

1. Upon receipt of an initial licensure application or a relicensure application, the department shall evaluate the qualifications of the applicant for compliance with the requirements of this chapter. 2. Falsification of information on the application shall constitute license re…

1. To maintain licensure, electrologists must obtain a minimum of five electrology continuing education hours per year. 2. Certificates of completion to verify number of continuing education hours must be submitted to the department along with annual renewal applications and fees…

Written policies and procedures must be established and implemented by the licensed electrologist for infection control and safety and shall include at a minimum the following: 1. Handwashing and glove use. a. Hands must be washed before treatment of each client, before donning g…

Repealed effective May 1, 1994.

Practicing electrologists shall maintain the following equipment: 1. A probe-type epilator approved by the federal communications commission. 2. A sufficient supply of sterile disposable or nondisposable needles or probes, probe tips, and forceps or tweezers for each patient. 3. …

Electrologists may not perform electrology treatment if any of the following are present: 1. Licensee is diagnosed as having a communicable disease or parasitic infection. 2. The hair to be removed is in an area of high bacterial colonization such as nostrils or ear canals. 3. Th…

Licensed electrologists shall compile and maintain a record of health history assessment information on each client. Each record must include at least: 1. Name and address of client. 2. Type of treatment required or requested and physician permission if necessary. 3. Description …

After receipt of a complaint regarding violation of electrology licensure rules, the department shall request that the complainant submit the complaint in writing. Confidentiality regarding the identity of the complainant will be maintained if requested by the complainant. 1. The…

The department may invoke penalties for violations of this chapter. 1. The department, based on a determination that a licensee has violated or continues to violate this chapter, may suspend, revoke, or impose a provisional license. 2. The department may levy a civil money penalt…

Only programs that the department determines to meet the curriculum criteria in section 33-03-11.1-17 will be considered to be an approved training program. 1. A department-approved electrology training program must have a curriculum that contains, at a minimum, six hundred hours…

The state health officer hereby establishes a hemophilia program for the purpose of providing financial assistance to persons suffering from hemophilia and other related congenital bleeding disorders. The program shall assist those persons to purchase the blood derivatives and su…

The terms used throughout this chapter have the same meaning as in the North Dakota Century Code chapter 23-07.2, except: 1. "Home care" means the self-infusion of a plasmatic clotting factor on an outpatient basis by the patient, or the infusion of a plasmatic clotting factor to…

Any permanent resident of this state who suffers from hemophilia or other related congenital bleeding disorder may participate in the program if that person meets the requirements and standards of this chapter. The person may enter into an agreement with the state health officer …

1. The reasonable cost, as determined by the state health officer, for blood products and supplies used in home care for which reimbursement is not prohibited under section 33-03-12-05 may be reimbursed under this program after deduction of the patient's liability. Reasonable cos…

1. Reimbursement shall not be made under this chapter for any blood products or supplies which are not purchased pursuant to the state health officer's agreement. 2. Reimbursement shall not be made under this chapter for any portion of the costs of blood products or supplies whic…

The state health officer may enter into agreements with third parties, including any insurer, for payments for blood products and for supplies used in home care by persons participating in the program. History: Effective February 1, 1981. General Authority: NDCC 23-07.2-04 Law Im…

In determining eligibility for reimbursement under this program, the severity of the hemophilia and the magnitude of medical expenses being encountered by the family may be considered as the sole criteria for eligibility for reimbursement regardless of income, family size, or net…

The following supplies and services used in home care are covered under this program: 1. Coagulation factor. 2. Diluent, if needed. 3. Syringes and intravenous needles. History: Effective February 1, 1981. General Authority: NDCC 23-07.2-04 Law Implemented: NDCC 23-07.2-04 3…

In this chapter, unless the context or subject matter requires otherwise: 1. "Ambulatory" means able to walk without assistance. 2. "Department" means the state department of health. 3. "Mobile nonambulatory" means unable to walk without assistance, but able to move from place to…

Residential facilities for the physically disabled shall: 1. Be located in areas served by a fire extinguishing organization approved by the state fire marshal. 2. Comply with chapter 12 of the 1981 edition of the Life Safety Code. The fire safety evaluation system may be used in…

1. Residential facilities for the physically disabled shall be located in areas where public or private water supplies approved by the department are available. Approved public water supplies shall be used where available. 1 2. When a private water supply is utilized, water sampl…

1. Residential facilities for the physically disabled shall be located in areas where public or private sewage disposal systems approved by the department are available. Approved public sewage disposal systems shall be used where available. 2. Plans and specifications for propose…

Buildings housing a residential facility for the physically disabled shall: 1. Comply with North Dakota Century Code section 48-02-19. 2. Be constructed to accommodate no more than fifteen eligible residents. 3. Be limited in size to three hundred fifty square feet [32.52 square …

Upon written application, the department may grant a variance from specific provisions of this chapter, except no variance may permit or authorize a danger to the health or safety of residents or impede their normalization process. History: Effective September 1, 1983. General Au…

In this chapter, unless the context or subject matter requires otherwise: 1. "Ambulatory" means able to walk without assistance. 2. "Day service facility" means a nonresidential building in which a variety of activities are provided to maximize the developmental potential of pers…

Hazardous areas. 1. Intermediate care facilities for the developmentally disabled shall be located at least three hundred feet [91.44 meters] from hazardous areas such as bulk fuel or chemical storage areas, anhydrous ammonia facilities, or other fire hazards or sources of noxiou…

1. Small intermediate care facilities for the developmentally disabled shall be located in areas served by a fire extinguishing organization approved by the state fire marshal. 2. Small intermediate care facilities for the ambulatory developmentally disabled shall comply with cha…

1. Intermediate care facilities for the developmentally disabled shall be located in areas where public or private water supplies approved by the department are available. Approved public water supplies shall be used where available. 2. When a private water supply is utilized, wa…

1. Intermediate care facilities for the developmentally disabled shall be located in areas where public or private sewage disposal systems approved by the department are available. Approved public sewage disposal systems shall be used where available. 2. Plans and specifications …

Buildings housing a small intermediate care facility for the developmentally disabled shall: 1. Provide a design making: a. The small intermediate care facility for the ambulatory developmentally disabled accessible to nonambulatory visitors and employees, with at least one bathr…

Day service facilities providing services to eligible developmentally disabled residents shall comply with the requirements of chapter 10 of the 1981 edition of the Life Safety Code, whether the facilities are constructed, reconstructed, or acquired. History: Effective September …

Upon written application, the department may grant a variance from specific provisions of this chapter, except no variance may permit or authorize a danger to the health or safety of residents or impede their normalization process. History: Effective September 1, 1983. General Au…

1. A new hospice program is subject to certificate of need review pursuant to North Dakota Century Code chapter 23-17.2. 2. The department must be notified in writing when a change of ownership, operation, location, or when discontinued or addition of a new service in a hospice p…

1. A hospice program must have a clearly defined, organized governing body that must assume full legal responsibility for the overall conduct and operation of the hospice program including quality of care and services. 1 2. The governing body shall adopt bylaws which include at l…

1. Physician services must be provided by a physician licensed pursuant to North Dakota Century Code chapter 43-17 to meet the general needs of patients for management of the terminal illness and related conditions through palliative and supportive care and in accordance with hos…

1. The hospice program must provide the services of a registered nurse, licensed pursuant to North Dakota Century Code chapter 43-12.1, to organize, supervise, and coordinate the palliative and supportive care for patients and families provided by the hospice program care team. 3…

1. Medical social services must be provided by a qualified social worker licensed under North Dakota Century Code chapter 43-41. 2. Policies and procedures pertaining to social services must be provided, approved, and reviewed annually. 4 3. Records of pertinent social data about…

1. Spiritual counseling services must be available, upon request, to the patient and family. The hospice program may not impose the dictates of any value or belief system on hospice program patients or their families. 2. Dietary counseling services must be available to the patien…