North Dakota Administrative Code

Repealed effective January 1, 2018.

1. Contact tracing is appropriate for the following sexually transmitted diseases: a. Human immunodeficiency virus (HIV) infection; b. Acquired immunodeficiency syndrome (AIDS); c. Chlamydia; d. Gonorrhea; 2 e. Hepatitis B virus (HBV); and f. Syphilis. 2. Individuals infected wit…

Administrative charges by physicians, private or public clinics, and hospitals for the administration of any vaccine obtained from the state department of health through the federal vaccines for children program are limited to no more than the charges established by the federal r…

1. Definitions. As used in this section: a. "Advisory committee on immunization practices" refers to a panel of experts in fields associated with immunization who have been selected by the secretary of the United States department of health and human services to provide advice an…

Chapters 33-06-05.1 through 33-06-05.6 establish guidelines for adoption of policies and procedures for the governing body of an institution to follow in the event the institution obtains knowledge that an employee, independent contractor, or student contracts a significant conta…

When used in chapters 33-06-05.1 through 33-06-05.6, unless the context or subject matter otherwise requires: 1. "Affected person", "affected individual", or "affected student" means an individual who has been diagnosed by a physician as having contracted a significant contagious…

In accordance with the guidelines set out in chapters 33-06-05.1 through 33-06-05.6, the governing body of each institution shall adopt policies: 1. For education of student, employees, and independent contractors concerning significant contagious disease; 2. To protect the ident…

No student may be prohibited from attending the institution solely because they have, or they are perceived to have, a significant contagious disease. If the student is well enough to attend the institution, and does not constitute a public health threat, as determined by the dec…

Unless disclosed by the affected person, their parent or guardian, or their personal physician, no individual may be informed of an affected individual's infection. In order to eliminate discrimination, the local governing body should develop policies concerning the comprehensive…

If an affected student is unable to participate in regular classroom instruction, either reasonable accommodations, special provisions, or an individualized education program will be provided. History: Effective January 1, 1991. General Authority: NDCC 23-07-16.1 Law Implemented:…

No employee or potential employee may be terminated or prevented from becoming employed at the institution solely because they have or they are perceived to have a significant contagious disease. If the employee is well enough to perform their job and does not constitute a public…

Unless disclosed by the affected person, or their personal physician, no disclosure of an affected individual's condition may be made. In order to eliminate discrimination, the local governing body should develop policies concerning the comprehensive application of universal prec…

The institution shall consider and implement reasonable accommodations to allow the affected individual to become an employee or continue as an employee. History: Effective January 1, 1991. General Authority: NDCC 23-07-16.1 Law Implemented: NDCC 14-02.4; 29 USC 794 1…

No independent contractor may be terminated or prohibited from contracting with the institution solely because they have or they are perceived to have a significant contagious disease. If the independent contractor is capable of performing the work, or reasonable accommodations c…

Unless disclosed by the affected person, or their personal physician, no individual may be informed of an affected individual's infection. In order to eliminate discrimination, the local governing body should develop policies concerning the comprehensive application of universal …

The institution shall consider and implement reasonable accommodations to allow the affected individual to contract as an independent contractor or to continue an existing contract as an independent contractor. History: Effective January 1, 1991. General Authority: NDCC 23-07-16.…

Except as required by law, information concerning the identity and status of an affected individual may not be released to the public. No release may be made of any information either confirming or denying the presence within the institution setting of a person who has contracted…

institution. The institution shall develop a procedure for addressing situations when information concerning an affected individual becomes public. The procedure adopted under this section must include the identification of a single spokesperson for the institution, a means of pr…

Each institution shall adopt and implement a policy requiring the education of all students, employees, and independent contractors. The policy adopted must include information concerning the means of transmission of significant contagious diseases in an institutional setting, th…

Any person suspected of being a carrier of disease that may be spread through the person's bodily excretions or discharges or in any other way shall on request of any health officer of North Dakota submit to the state department of health specimens of such bodily excretions or di…

1. Exposure in an infectious state. The health officer or an attending physician of a person with communicable disease may, in the officer's or physician's judgment, forbid the person with the case in an infectious state from exposing other noninfected individuals to the person's…

All common carriers operating in North Dakota, whether engaged in the interstate business or intrastate business or both, shall comply with the regulations of the United States public health service made and promulgated for the control of common carriers engaged in interstate bus…

Shipment of parrots, parakeets, and other birds of the psittacine family shall comply with all federal interstate regulations. General Authority: NDCC 23-01-03 Law Implemented: NDCC 23-01-03 1

1. Definition. "Disinfection" means killing of infectious agents outside the body by chemical germicides, or boiling water. 2. Disinfection. Disinfection should be applied immediately after the discharge of infectious material from the body of an infected person or after the soil…

of the dead. 1. Communicable diseases. The following requirements shall be met by funeral directors for bodies dead from these contagious or infectious diseases - anthrax, cholera, meningococcus meningitis, plague, smallpox, and tuberculosis: a. Only a licensed funeral practition…

As used in this chapter: 1. "Care coordination" means services that promote the effective and efficient organization and utilization of resources to assure access to necessary comprehensive services for children with special health care needs and their families. 2. "Licensed clin…

Repealed effective April 1, 2016.

Repealed effective April 1, 2016.

1. If the parents or guardians refuse to have their infant receive newborn screening testing after being provided written information, that refusal shall be documented by a written statement signed by the parents or guardians. 2. The original refusal statement shall become a part…

1. Access to information or testing materials may be obtained only as follows: a. Information may be disclosed for statistical purposes in a manner such that no individual person can be identified. b. Protected health information may be disclosed to the individual tested, that pe…

1. Institutions covered by medical hospital licensure laws. The following types of institutions are covered by North Dakota Century Code chapter 23-16 for the purpose of rules and are deemed to come within the provisions of North Dakota Century Code section 23-16-01 which provide…

The department shall issue licenses and a separate license for building on separate premises to hospitals that meet the licensing requirements. The license must reflect the annual or provisional status of the hospital. The license applies only to the hospital designated on the li…

Rules adopted under North Dakota Century Code chapter 23-16 may be waived by the department for a specified period in specific instances, provided such a waiver does not adversely affect the health and safety of the patients and if compliance with the requirement would result in …

Upon presenting identification to the hospital's chief executive officer or designee, authorized agents of the department shall have access to the hospital to determine compliance with licensure requirements. Such access includes: 1. Entry to all hospital premises. 2. Inspection …

At any time, the department may evaluate a hospital's compliance with these licensure requirements through an announced or unannounced onsite review scheduled at the discretion of the department. History: Effective April 1, 1994. General Authority: NDCC 23-01-03(3), 28-32-02 Law …

1. A hospital may request that the department consider it in compliance with this chapter if it is in compliance with the standards of a nationally recognized accrediting agency. 2. Hospitals requesting to be licensed through an accrediting agency shall initially submit to the de…

1. Hospitals shall submit to the department plans of correction addressing the areas of noncompliance with the licensure requirements in this chapter. 2. Plans of correction are required within ten calendar days of receipt of the deficiency statement and are subject to acceptance…

1. Hospitals are subject to one or more enforcement actions, which may include a ban or limitation on admissions, suspension or revocation of a license, or a denial to license for the following reasons: a. Noncompliance to the licensure requirements in this chapter have been iden…

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 hospital as an institution, and for ensuring compliance with all federal, state, and local laws. 1. General acut…

1. The general acute hospital must be constructed, arranged, and maintained to ensure the safety and well-being of the patients and must provide facilities for diagnosis and treatment and for special services appropriate to the hospital. a. The physical plant must comply with the…

1. General acute hospitals shall comply with the fire code standards. This compliance is subject to review and approval by the state fire marshal's office. 2. Primary care hospitals are subject to the fire control requirements for general acute hospitals in this section. 3. Speci…

1. The general acute hospital shall have a written procedure to be followed in case of fire, explosion, or other emergency. It shall specify individuals to be notified, locations of alarm signals and extinguishers, evacuation routes, procedures for evacuating helpless patients, f…

The hospital shall have an ongoing, facilitywide, written quality improvement program and risk management program approved by the governing body with implementation plans that evaluate and improve the quality of patient care, governance, and managerial and support activities. 1. …

The hospital shall have a hospitalwide program for the surveillance, prevention, and control of infections consistent with the occupational safety and health administration and centers for disease control standards regulations specific to infection control. 18 1. The general acut…

1. The general acute hospital shall have an organized medical staff that is accountable to the governing body in accordance with written bylaws, rules, and regulations approved by the governing body. The medical staff shall adopt and enforce bylaws, rules, and regulations to carr…

1. The general acute hospital shall have a plan of administrative authority with delineation of responsibilities and duties for nursing personnel, including written job descriptions. a. Nursing services must be under the direction of a nurse executive (director of nursing) who is…

1. The general acute hospital shall ensure that a patient care plan is developed for each patient in coordination with the patient and appropriate health care personnel consistent with the licensed health care practitioner's orders. a. Initial assessment must begin upon admission…

1. The general acute hospital shall design, implement, and document educational programs to orient new employees and to keep all staff current on new and expanding programs, techniques, equipment, and concepts of quality care. The following topics must be covered annually: a. Inf…

1. The general acute hospital shall provide dietary service to meet the needs of the patients served and shall ensure the following: a. The hospital shall designate an employee to be responsible for the total food service of the facility. If this employee is not a licensed regist…

1. The general acute hospital shall establish and implement procedures to ensure that the hospital has a medical records service with administrative responsibility for medical records. a. A medical record must be maintained and kept confidential, in accordance with accepted medic…