North Dakota Administrative Code

1. "Alternative health care services pilot project" means any health care service subject to licensure or certification by the department in which the state health council must waive any existing North Dakota law or rule in order for the project to be developed or operated. This …

The term of the project must begin on the date of the council's initial approval. Any project approved by the council must be for a term of up to one year with renewals for a maximum term of five years. History: Effective December 1, 1991. General Authority: NDCC 23-01-04.3 Law I…

1. Forms for applying as a pilot project must be available from the department. Completed applications must be submitted to the department. 2. The department shall review the application within sixty days of its receipt. The review must evaluate the project for compliance with se…

Criteria to be considered must include: 1. The number of people who will be served. 2. The size of the geographical area, its location, and its designation as a health professional shortage area. 3. Evidence that the project will contain the cost of health care and provide a high…

1. Unless waived by the council, a pilot project must be in compliance with all state laws and rules. 2. Each pilot project must maintain safety and quality associated with the provision of health care services. 3. Personnel operating or providing health services must be competen…

As a condition of approval, the applicant must agree to report at least quarterly to the department and provide information specified by the council and department. History: Effective December 1, 1991. General Authority: NDCC 23-01-04.3 Law Implemented: NDCC 23-01-04.3

The department shall conduct an onsite review following initiation of the pilot project and at least one annual unannounced onsite review to evaluate the pilot project. Based on the onsite reviews and other information, the department shall provide an annual report to the council…

The council shall provide a written report of its findings concerning each pilot project and will make recommendations to the next legislative assembly concerning any necessary changes in North Dakota statutes. History: Effective December 1, 1991. General Authority: NDCC 23-01-04…

Any project may be terminated at any time by the council or at the request of the legal agent of the project. The council may base its decision upon evidence that people have been or will be harmed by further operation or use of the pilot project, upon evidence that the project i…

Prior to the end of each biennium, the state health officer shall use the following procedure to select the private nonprofit patient-oriented organization incorporated in North Dakota which will administer grant moneys distributed from the organ transplant support fund provided …

The entity selected as the private nonprofit patient-oriented organization incorporated in North Dakota for administration of grants from the organ transplant support fund must be selected based upon the following: 1. Whether the organization meets the requirements of section 1 o…

1. "Approved health department" means a city health department which: a. Is in compliance with all minimum standards for core services/programs as established by the department; b. Has at a minimum, a city health officer and at least a one-half time registered nurse; c. Submits r…

Each newly formed district board of health shall select a name for its district health unit. The name may be changed at any time upon a majority vote by the district board of health. History: Effective February 1, 1992. General Authority: NDCC 23-14-01.6 Law Implemented: NDCC 23-…

1. A contract entered into between an approved health department and a board of county commissioners pursuant to North Dakota Century Code sections 23-14-01.1 and 54-40-08 must specify the public health services and programs to be provided, the manner in which they will be provid…

1. The district board of health is responsible for determining which public health services and programs the district health unit will provide. 2. Any services provided by the district health unit must be made available to all areas within the health district. 3. If it is not pra…

1. To be eligible for any grant of state moneys through the department, a district health unit must meet all of the following criteria: a. Be funded at a level of two dollars and fifty cents or greater for each person residing within the health district exclusive of any state gra…

1. "Abuse" includes mental, physical, sexual, and verbal abuse. Mental abuse includes humiliation, harassment, threats of punishment, or deprivation. Physical abuse includes hitting, slapping, pinching, and kicking. It also includes controlling behavior through corporal punishmen…

1. No person or entity may establish, maintain, or operate a residential care facility for children with autism without first having obtained a license from the department. Any person or entity who owns or leases a residential care facility for children with autism and desires to…

An unrestricted license is valid for a period not to exceed one year from the date of issuance and must state the maximum number of persons who may reside in the residential care facility for children with autism. History: Effective February 1, 1992. General Authority: NDCC 23-09…

1. A provisional license may be issued to a residential care facility for children with autism which does not comply with this chapter if practices in the facility do not pose a danger to the health or safety of the residents as determined by the department. 2. A provisional lice…

1. Application for renewal of a license for a residential care facility for children with autism must be denied and the license will be terminated or allowed to expire when the department finds that a condition, occurrence, or situation in the facility is a threat to the health o…

1. A suitability review by the department must be completed prior to approval of a licensure application. 3 2. A determination by the department through a suitability review to deny the issuance of a license must be based on a finding that one or more of the following criteria ar…

1. Adverse licensure actions include determinations to deny the issuance of an initial license, or to deny the issuance of a renewal of a license of a residential care facility for children with autism. 2. A determination by the department to take adverse licensure action against…

1. The department reserves the right to restrict or limit admissions to a residential care facility for children with autism under the following conditions: a. One or more complaints of resident abuse in the residential care facility for children with autism have been reported, i…

The purpose of enforcement actions is to protect residents. Enforcement actions by the department against a residential care facility for children with autism may include monetary penalties against a residential care facility for children with autism for failure to correct a viol…

1. The residential care facility for children with autism shall provide services to assist children with a medical diagnosis of autism or autistic-like characteristics gain or regain their highest 6 practicable level of mental, physical, and emotional functioning including the ca…

1. The residential care facility for children with autism, upon receipt, shall submit all accreditation survey results, recommendations, and plans of correction to the department. 2. The department may, based on the accreditation survey results, require changes or additions, or b…

1. Residential care facilities for children with autism not having attained accreditation by the commission on accreditation of rehabilitation facilities in the categories of integrated living facility and infant and early childhood development programs or the accreditation counc…

1. No residential care facilities for children with autism or persons therein may violate resident rights as defined in North Dakota Century Code chapter 50-10.2. 2. Any person may register a complaint with the department alleging violation of applicable laws, rules, requirements…

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. "Developmental disability" includes children with autism. 4. "Mobile nonambulatory" means unab…

areas. 1. Residential care facilities for children with autism must 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 noxious or odoriferous emi…

1. Residential care facilities for children with autism must be located in areas served by an organized fire department. 2. Residential care facilities for children with autism must comply with chapter twenty-one of the 1988 edition of the Life Safety Code and its appendices. Res…

1. Residential care facilities for children with autism must be located in areas where public or private water supplies approved by the department are available. Approved public water supplies must be used where available. 2. When a private water supply is utilized, annual water …

1. Residential care facilities for children with autism must be located in areas where public or private sewage systems approved by the department are available. Approved public sewage disposal systems must be used where available. 2. Plan and specifications for proposed private …

Buildings housing facilities for children with autism shall: 1. Provide a design making: a. The residential care facility for children with autism for the ambulatory developmentally disabled accessible to nonambulatory visitors and employees, with at least one bathroom accessible…

Upon written application, the department may grant a waiver from specific provisions of this chapter, except no waiver may be granted which may permit or authorize a danger to the health or safety of residents or impede their normalization process. Waivers specific to Life Safety…

1. "Acceptable loan" means an educational loan to a nurse or an individual training to become a nurse under the long-term care nursing scholarship and loan repayment grant program which is made by a bank, credit union, savings and loan association, insurance company, accredited s…

1. A nursing facility wishing to be designated as eligible for participation in the program shall complete an application form developed by the department. This application form will be available upon request from the department. Completed forms must be submitted to the departmen…

If the council determines, with respect to grants awarded after June 30, 2002, that there are insufficient funds to give awards in the amount requested to all qualified nursing facilities, then the council in awarding grants may consider any factors that the council considers imp…

The purpose of these rules is to establish and administer a state autism spectrum disorder database of all reported cases of autism spectrum disorder to improve current knowledge and understanding of autism spectrum disorder in North Dakota. History: Effective January 1, 2016. Ge…

As used in this chapter: 1. "Autism spectrum disorder" is a neurodevelopmental disorder that refers to a wide range of symptoms and severity levels which is typically manifested in impaired social interaction; problems with verbal and nonverbal communications; and restricted, rep…

1. A reporter or the reporter's designee shall report to the department any individual diagnosed with autism spectrum disorder who is the reporter's patient or client, provided the individual or at least one of the individual's parents or guardians is a resident of North Dakota. …

1. "Facility" means a residential end-of-life facility. 2. "Residential services" means intermittent, nonpersonal care tasks, such as housekeeping, laundry, shopping, and arranging for transportation. 3. "Support services" includes responsibility for patient health and safety, as…

A facility shall obtain a license from the department in order to operate in this state. 1. Application to operate a facility must be made to the department before opening a facility upon determination by the department that the facility meets the definition of a facility. 2. A f…

The department may waive licensure requirements for specified periods of time provided compliance with the requirement would result in an unreasonable hardship upon the facility and lack of compliance does not adversely affect the health or safety of the patients. History: Effect…

1. The facility shall have a clearly defined, organized governing body that assumes full legal responsibility for the overall conduct and operation of the facility. 2. The governing body is responsible for approval and implementation of effective patient care and administrative p…

1. A facility must be designed, constructed, equipped, maintained, and operated in compliance with: a. North Dakota Century Code section 54-21.3-04.1, relating to accessibility standards; b. The requirements for food and beverage establishments issued by the department; c. Articl…