North Dakota Administrative Code

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. The facility shall design and equip areas for the comfort and privacy of each patient. Each patient room 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 and furnishings must b…

1. Each facility must be a maximum of two stories in height with a minimum construction type rating of one hour, 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 necess…

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: 7 a. Complete identification of each patient, including information on…

1. The facility shall provide assistance to the patient in obtaining necessary medications and medical supplies. 2. Drugs and biologicals must be administered by an individual certified or licensed to administer medications or the patient. 3. The facility shall provide a secure a…

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 July 1, 2023. General Authority: NDCC 23-17.6-02 Law Implemented: NDCC 23-17.6-02 8…

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. History: Effective July 1, 2023. General Authority: NDCC 23-17…

Admission and discharge criteria must be specified in writing. History: Effective July 1, 2023. General Authority: NDCC 23-17.6-02 Law Implemented: NDCC 23-17.6-02

1. The facility shall employ or contract with a registered nurse to supervise patient care to meet the needs of the patients at all times. 2. The facility shall maintain a sufficient number of qualified staff who are trained and competent to provide the care and services necessar…

The facility shall develop, adopt, and implement a statement of the rights and responsibilities of patients. This statement must be provided to the patient or the patient representative prior to or at the time of admission to the facility. The statement must include provisions as…

The facility shall provide data and metrics to the department as determined by the department. History: Effective July 1, 2023. 9 General Authority: NDCC 23-17.6-02 Law Implemented: NDCC 23-17.6-02 10…

1. "Defined area of need" means a service area or site selected considering the availability of health care services available to individuals who are underserved, experiencing health care professional shortage, or in a rural area. 2. "Department" means the department of health an…

The department shall designate a service area or site as being or as being located in a defined area of need, if at least one of the following criteria is met: 1. There is evidence that at least thirty percent of the population consists of individuals who are underserved; 2. The …

A health care professional shall meet the following requirements to be eligible to participate in this program: 1. The health care professional meets the criteria established by this chapter and North Dakota Century Code sections 43-12.3-05 and 43-12.3-06. 2. The health care prof…

To participate in the program an employer shall: 1. Provide services in a service area or site that is or is located in a defined area of need established under section 33-03-37-02; 2. Submit an employer application in the form and manner approved by the department; 3. Maintain c…

Annually the department shall issue a list or criteria of priorities for the application process for eligible health care professional and employers. This list or criteria must include occupation types, locations, practice settings, distribution of program applicants and recipien…

1. A current full permanent unencumbered unrestricted licensed health care professional wishing to participate in the program shall complete and submit an online application in the form and manner approved by the department. The application must include: a. A current resume or cu…

1. An employer wishing to be eligible for participation in the program shall complete and submit an online application in the form and manner approved by the department. The application must include: a. A statement of need; b. A statement of the type of services required to meet …

1. Before receiving loan repayment under this chapter, each health care professional and employer selected shall enter into a loan repayment contract with the department, in the form and manner approved by the department, agreeing to the terms and conditions upon which the loan r…

1. The health care professional shall submit an annual payment verification form to the department, in the form and manner approved by the department, for yearly payment. The form must include: a. The loan lender name; b. Remittance address; and c. Account number. 2. Fees associa…

The department shall amend or terminate a loan repayment contract only through a fully executed amendment or termination document. History: Effective April 1, 2024. General Authority: NDCC 50-06-16 Law Implemented: NDCC 43-12.3-06 6…

1. "Abuse" means mental, physical, sexual, or verbal abuse. 2. "Chronic condition" means a condition that lasts twelve months or longer and requires ongoing medical attention or limits a member's activities of daily living. 3. "Competence" means the application and integration of…

1. A community health worker is a frontline public health worker who is certified by the department to provide preventative services. 1 2. A community health worker may not perform services that require licensure or training outside what is required for community health worker ce…

An applicant for community health worker certification, community health worker, or community health representative shall have competencies in the following areas: 1. Roles, advocacy, and outreach; 2. Organization and resources; 3. Teaching and capacity building; 4. Legal and eth…

An applicant for community health worker certification shall file an application on forms provided by the department showing to the department's satisfaction that the applicant has satisfied all the requirements of North Dakota Century Code chapter 43-66 and under this chapter, i…

1. A student and an intern each may function within a community health worker scope of practice while directly supervised by a qualified supervisor or community health worker. 2. A qualified supervisor must be one of the following: a. A community health worker certified in good s…

An application for community health worker certification by reciprocity must be considered by the department if the applicant has filed an application on forms provided by the department and the following requirements are met: 1. The applicant holds a current valid license or cer…

1. A community health worker certification expires on December thirty-first of even-numbered years. 2. A certification may be renewed by December thirty-first of even-numbered years by filing a recertification application on forms provided by the department and a recertification …

1. The department may deny an application for the issuance of a certification or recertification made by an applicant who: a. Failed to comply with North Dakota Century Code chapter 43-66 or this chapter; b. Has been convicted of a crime determined by the department to be substan…

1. The department may suspend, revoke, or take other action provided in this section regarding the certification of a community health worker who: a. Has obtained or attempted to obtain certification or recertification as a community health worker by fraud, deceit, or intentional…

All paper certificates, forms, and reports used in the system of vital records registration and health statistics tabulation and analysis are the property of the state department of health and shall be surrendered to the state registrar upon demand. The forms prescribed and distr…

All paper certificates and records for all vital events must be printed on security paper directly from an authorized computer or copier. All signatures required shall be entered in black nonfading ink or be an acceptable e-signature. Unless otherwise specified by the state regis…

If the mother of the child was not married at the time of conception or birth, the child's surname shall be shown on the record as the legal surname of the mother at the time of the birth unless otherwise determined in a court paternity action, or unless an acknowledgment of pate…

If a birth occurs outside an institution and is not attended by a physician or midwife, or is not witnessed by a physician or midwife immediately after the birth, the parents are required to provide additional documents approved by the state registrar to prove the mother was preg…

1. Registration procedures. The report for an infant of unknown parentage shall be registered using the electronic birth registration system and shall: a. Show the required facts as determined by the approximation and have parentage data left blank. b. Amend the certification of …

Records of birth filed after seven days, but within one year from the date of birth, shall be registered using the electronic birth registration system in the manner prescribed in North Dakota Century Code section 23-02.1-13. Such records shall not be marked "delayed". If the rec…

All records registered one year or more after the date of the birth are to be registered on a form prescribed by the state registrar. History: Amended effective January 1, 2008. General Authority: NDCC 23-02.1-04, 28-32-02 Law Implemented: NDCC 23-02.1-15

Any person born in this state whose birth is not recorded in this state, or the person's parent, guardian, next of kin, or an authorized representative may request the registration of a delayed record of birth, subject to these rules and instructions issued by the state registrar…

The minimum facts which must be established by documentary evidence shall be all of the following: 1. The full name of the person at the time of birth. 2. The date of birth and the place of the birth. 3. The full maiden name of the mother. 4. The full name of the father; except t…

When evidence is presented reflecting a legal change of status by adoption, legitimation, paternity determination, or acknowledgment of paternity, a new delayed record may be established to reflect such changes. The existing record and evidence upon which the new record was based…

To be acceptable for filing, the name of the registrant and date and place of birth entered on the delayed record of birth shall be supported by at least: 1. Two pieces of documentary evidence, only one of which may be an affidavit of personal knowledge, if the record is filed wi…

The state registrar may establish a priority of best evidence. All documents submitted in evidence, other than an affidavit of personal knowledge, must have been established at least ten years prior to the date of application and at least one of those documents must have been est…

The state registrar, or the state registrar's designated representative, shall abstract on the delayed record of birth a description of each document submitted to support the facts shown on the delayed birth record. The description shall include: 1. The title or description of th…

The state registrar, or the state registrar's designated representative, shall, by the state registrar's signature, certify: 1. That no prior birth record is on file for the person whose birth is to be recorded. 2. That the state registrar has reviewed the evidence submitted to e…

Applications for delayed records of birth which have not been completed within two years from the date of application may be dismissed at the discretion of the state registrar. History: Amended effective January 1, 2008. General Authority: NDCC 23-02.1-04, 28-32-02 Law Implemente…

The registration of a death after the time prescribed by statute and regulations shall be registered on the standard record of death form in the manner prescribed below: 1. If the attending physician or coroner at the time of death and the attending funeral director or person who…

A new record of birth may be prepared by the state registrar for a child born in this state upon receipt of an adoption report or certified copy of an adoption decree made by a court of competent jurisdiction. History: Amended effective January 1, 2008. General Authority: NDCC 23…

If the natural parents marry after the birth of a child, a new record of birth shall be prepared by the state registrar for a child born in this state upon receipt of an acknowledgment of paternity signed by the natural parents of the child or a certified copy of a court determin…

A new record of birth may be prepared by the state registrar for a child born in this state upon receipt of a certified copy of a court determination of paternity, together with a request from the natural mother or person having legal custody of the child that such new record be …