North Dakota Administrative Code

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…

1. A facility shall submit plans and specifications to the department for approval for all construction, remodeling, and installations subject to review. The plans and specifications must be prepared by an architect or engineer licensed in North Dakota, unless otherwise determine…

1. Each facility must be constructed as a single-story facility with a minimum construction Type V (111), that is arranged, equipped, maintained, and operated to ensure the safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time necessary for…

1. The facility shall design and equip areas for the comfort and privacy of each patient and patient's family. Each dwelling unit must have: a. A bed, a mattress, appropriate bedding, a bedside stand, and a chair appropriate to the needs and comfort of the patient. All furniture …

1. The facility shall keep accurate, current, and confidential records of all patients. 2. The facility shall provide for secure maintenance and storage of all patient records. 3. Patient records must include: a. Complete identification of each patient, including information on t…

1. The facility shall coordinate with the licensed hospice provider for the administration and provision of pharmaceutical services consistent with the drug therapy needs of the patient. 2. The facility shall provide assistance to the patient in obtaining necessary medications an…

The facility shall meet the dietary needs of the patients, provide dietary services, and the sanitary requirements for food establishments in compliance with chapter 33-33-04.1. History: Effective April 1, 2023. General Authority: NDCC 23-17.7-03 Law Implemented: NDCC 23-17.7-03

The facility shall provide housekeeping and maintenance services necessary to maintain the interior and exterior of the facility in a safe, clean, orderly, and comfortable manner and provide sanitary laundry services, including personal laundry services for patients. History: Eff…

Admission and discharge planning for hospice patients must be coordinated with a licensed hospice program. History: Effective April 1, 2023. General Authority: NDCC 23-17.7-03 Law Implemented: NDCC 23-17.7-03

1. The facility shall maintain a sufficient number of qualified staff and volunteers who are trained and competent to provide the care and services necessary to meet the needs of the terminally ill patient. 2. The facility shall employ or contract with a registered nurse to super…

The facility shall develop, adopt, and implement a statement of the rights and responsibilities of hospice patients and members of the hospice patient's family. This statement must be provided to the patient or family member designated by the patient prior to or at the time of ad…

1. "Ambulatory surgical center" means a facility that is certified as an ambulatory surgical center by the centers for Medicare and Medicaid services. 2. "Facility" means an extended stay center. 3. "License" means a certificate of registration. History: Effective July 1, 2023. G…

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 prior to opening a facility upon determination by the department that the facility meets the definition of a facility. 2. A…

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…