North Dakota Administrative Code

The aircraft must have a radio communication system that will allow the communications between the aircraft and medical facilities, between the medical crew and the pilot, and between the medical crew on board the aircraft. History: Effective August 1, 2003. General Authority: ND…

1. Each air ambulance service shall have a signed agreement on file with the department with a North Dakota licensed physician who shall serve as official medical director and whose duties include establishing written medical protocols, recommending optional equipment, oversight …

1. The aircraft must have sufficient space to accommodate at least one pilot, one patient on a stretcher, two medical personnel, and the medical equipment required. 2. The aircraft must be configured to allow medical personnel to have a good patient view and access to equipment a…

Both care providers shall be critical care providers as listed in subsection 3 of section 33-11-01.2-12. History: Effective January 1, 2006; amended effective April 1, 2009; July 1, 2010; April 1, 2024. General Authority: NDCC 23-27-04 Law Implemented: NDCC 23-27-04

In addition to an aircraft as described in subsection 3 of section 33-11-04-01, the air ambulance shall have the following, unless otherwise approved by the department: 1. Patient litter or stretcher for patient transport. 2. Spinal immobilization: a. One pediatric-safe transport…

No air ambulance service may advertise itself as a critical care air ambulance service unless it has been issued a critical care air ambulance license by the department. History: Effective January 1, 2006. General Authority: NDCC 23-27-04 Law Implemented: NDCC 23-27-04 6…

Certain ambulance services may be eligible for grants on an annual basis dependent upon legislative appropriation. In addition to compliance with chapter 23-46 of the North Dakota Century Code the following conditions must be met to be eligible for an emergency medical services g…

The state health officer or designee shall determine the scope of the project, eligibility of emergency medical services operations, and distribution amounts on an annual basis. Considerations shall include: 1. How the emergency medical services operation fits into the overall st…

It is the purpose of this article to provide inpatient and outpatient care to persons afflicted or suspected of being afflicted with tuberculosis in order to protect the public health, safety, and welfare of the people of the state of North Dakota. It is also the intent of this a…

The North Dakota state department of health has been authorized to promulgate and administer this article under North Dakota Century Code chapters 23-01 and 23-07.1. History: Effective November 1, 1980. General Authority: NDCC 23-01-03, 23-07.1-04 Law Implemented: NDCC 23-07.1-04…

As used in this article, the following words shall have the meanings given to them in this section, unless otherwise made inappropriate by use and context. 1. "Afflicted" means having documented active tuberculous disease. 2. "Communicable" means capable of being transmitted from…

1. The department should establish a contract with the general hospitals in the larger cities for the care of tuberculosis patients, who do not have a third-party payment source. 2. The department will pay the standard fee for hospitalization. 3. The department will only pay for …

The state department of health will authorize therapeutic admissions and the patients being treated for established tuberculosis are eligible for continued hospitalization as long as medically indicated; however, the state department of health will not pay for any patient care, t…

1. Tuberculosis diagnostic services are available at state supported outpatient clinics. Payment for diagnostic services performed at a facility other than the state supported outpatient clinics will be the responsibility of the patient. 2. Upon discharge from a contract hospital…

1. All antituberculosis drugs and medication approved by the state department of health for treatment of tuberculosis patients shall be provided by the state department of health. 2. All approved tuberculosis drugs and medications utilized for preventive treatment (chemoprophylax…

Any specimens taken from a patient in an attempt to isolate microbacterium tuberculosis shall be processed at the Bismarck public health laboratory. Specimens not run at the public health laboratory will not be authorized by the state department of health and if they are performe…

If any provision of this article or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or application of any other part of this article which can be given effect without the invalid provision or applicat…

1. Management. a. Governing authority. (1) A community mental health and retardation center shall be established in accordance with the provisions of North Dakota Century Code chapter 25-12. (a) If the governing authority is a public organization, it shall describe the administra…

1. Inpatient care. a. Principle. The inpatient care component shall provide twenty-four hour supervised therapeutic care under the direction of a physician in a hospital. This service should be utilized only when, and for so long as, other services of the center are not appropria…

1. Consultation. a. Principle. The consultation component involves the provision of mental health assistance to a wide variety of community agents and caregivers, including but not limited to schools, courts, police, clergy, and health care personnel such as physicians and public…

1. Mental retardation services. a. The various services provided by the center shall be available to the mentally retarded and other developmentally disabled persons. b. These services shall be designed to meet the developmental needs of the patient throughout the patient's life …

1. "Affiliate" means an agency which provides services included in the organization and operation of a community mental health and retardation center and which is related to that center by formal agreement or contract. 2. "Aftercare" means the process of providing continued conta…

It is the policy of the state department of health to require the highest standards of services for the mentally retarded in facilities licensed by the department which can reasonably be expected. This article reflects the desire of the division of mental health and retardation o…

The treatment and care center providing programs and services licensed under this article shall provide for protection of the civil rights of the residents as provided for in the Constitution of the United States, the Civil Rights Act of 1964, Section 504 of the Rehabilitation Ac…

As defined by North Dakota Century Code section 25-16-01, the treatment or care center means "any hospital, home, or other premises, owned or operated by a charitable nonprofit corporation or association, especially to provide relief, care, custody, treatment, training or educati…

Because the mentally retarded are a group of persons with different types and varying degrees of handicaps, it is essential that there be different types of facilities available to them. The following definitions of residential facilities represents groupings which take into cons…

1. "Dentist" means a person licensed to practice dentistry in North Dakota. 2. "Dietitian" means a professional dietitian who has the basic degree in the dietitian's field and has completed an internship in an approved institution. 3. "Physician" means a person licensed to practi…

Any charitable, nonprofit corporation or association operating a treatment or care center for mentally retarded persons shall obtain a license annually from the division of mental health and retardation of the state department of health. General Authority: NDCC 28-32-02 Law Imple…

In the case of a center where two or more buildings are used in the housing of residents, the license shall list separately each building if the buildings are on separate premises. Separate listing is not required for separate buildings on the same grounds. No fee shall be charge…

A licensed treatment or care center planning to remain in operation for the following calendar year shall apply to the division of mental health and retardation for a renewal of its license. General Authority: NDCC 28-32-02 Law Implemented: NDCC 28-32-02

A center applying for its initial licensure shall submit information with its application to show that: 1. The premises to be used are in safe condition and properly equipped to provide good care and treatment. 2. The persons in active charge of the center and their assistants ar…

North Dakota Century Code section 25-16-05 states: The license to operate a treatment or care center for mentally retarded issued under the provisions of this chapter shall set forth: 1. The name of the licensee. 2. The premises to which the license is applicable. 3. The number o…

North Dakota Century Code section 25-16-08 states: The division may revoke a license of a treatment or care center for mentally retarded upon a proper showing that: 1. Any of the conditions set forth in section 25-16-03 as requirements for the issuance of the license no longer ex…

North Dakota Century Code section 25-16-09 states: Before any application for a license to conduct a treatment or care center for mentally retarded shall be denied or before the revocation of such license by the division, written charges as to the reasons therefor shall be served…

1. The division of mental health and retardation shall inspect the facilities and premises of the applicant as often as necessary to determine the adequacy of program and services. 2. The division of mental health and retardation shall arrange for periodic inspection of the facil…

Program and construction standards for nursing care centers shall be in accordance with the most current regulations for skilled and intermediate care facilities, article 33-07. General Authority: NDCC 28-32-02 Law Implemented: NDCC 28-32-02 1…

1. Administrator. In order to develop an adequate program of treatment and care it is essential that there be an administrator of maturity and experience to equip the administrator for the task. It is highly recommended that the administrator shall have had at least two years of …

At least one staff member shall be in any building in which residents are present at all times. Sufficient nursing and attendant staff are to be available for adequate care of residents at all times. 1. Arrangements must be demonstrated for the provision of adequate physician's s…

1. Every residential care center shall provide and conduct programs of purposeful activities in accord and with the interests, abilities, and needs of the residents. 2. Designated indoor and outdoor areas shall be provided to adequately meet the recreational needs of residents. 3…

1. Paramedical and adjunct services. 4 a. Mentally retarded persons who wear glasses, braces, or other appliances shall wear them as directed by the person who prescribed them and the center shall record these instructions in the resident's record and see that they are carried ou…

1. Grade level. No resident shall be housed in a room unless a portion of it is at or above grade level and no resident room floor shall be more than thirty inches [76.2 centimeters] below the adjacent grade. 2. Floor area. a. In single resident rooms the least dimension free of …

1. Clean linen storage. Enclosed storage space. 2. Nourishment station. Storage, refrigerator, hot plate, self-dispensing icemaker, and sink. (Desirable but not mandatory.) 3. Equipment storage room. For storage of bulky equipment. 4. Janitor's closet. Large enough for storage of…

The dining area and recreational activities area shall not be the same space. 1. Resident dining area. The total area set aside for this purpose shall not be less than fifteen square feet [1.39 square meters] per bed. Additional space shall be provided for outpatients if they par…

Type, size, and layout of equipment shall provide optimal work flow and adequate food preparation to meet the needs of the residents. 1. Food preparation center. Provide handwashing lavatory but do not provide mirror. 2. Toilet room. Conveniently accessible for dietary staff. Gen…

1. Lobby and information center. 2. Administrator's office. 3. Public and staff toilet room. 4. Adequate office space for all faculty staff including consultation staff. General Authority: NDCC 28-32-02 Law Implemented: NDCC 25-16-03

1. Boiler room. 2. Mechanical, electrical equipment, and maintenance room or rooms. 3. Storage room for building maintenance supplies. May be part of maintenance shop. 4. Storage room for housekeeping equipment. Need not be provided if space is available in janitor's closet elsew…

A high degree of safety for the occupants in minimizing the incidence of accidents shall be provided. Hazards such as sharp corners shall be avoided. All details and finishes shall meet the following requirements: 1. All doors opening into corridors shall be swing-type except ele…

All construction for residential care centers shall conform to state building regulations related to fire safety as well as conform to local fire safety, zoning, and building ordinances. Evidence of conforming to zoning ordinances shall be presented in writing to the division of …

New construction or major remodeling shall conform to national accepted practices such as ASTRAE. 1. Heating and ventilation systems (this will apply to existing licensed facilities). a. Temperatures. A minimum temperature of sixty-eight degrees to seventy-two degrees Fahrenheit …

All spaces occupied by people, machinery, and equipment within buildings and the approaches thereto and parking lots shall have electrical lighting. All electrical requirements shall conform to state or local codes. 9 General Authority: NDCC 28-32-02 Law Implemented: NDCC 25-16-0…