North Dakota Administrative Code

Employee and public toilet rooms in lodging establishments must be: 1. In the number and capacity required by all state and local building and plumbing codes; 2. Equipped with adequate toilets and sinks in accordance with all state and local building and plumbing codes; 3. Equipp…

1. A lodging establishment shall allow on the premises poisonous or toxic materials if they are used in the operation and maintenance of the lodging establishment, including: a. Detergents, sanitizers, cleaning or drying agents, caustics, acids, polishes, and similar chemicals; b…

1. Every area of the lodging establishment premises must be free of any harborage conditions that may lead to or encourage infestations of rodents, insects, or any other pests. 2. If rodents, insects, any other pests, or evidence of pests are present, the lodging establishment sh…

1. A lodging establishment shall ensure the exterior areas and surfaces, including alleys, driveways, walkways, guardrails, handrails, balconies, landings, porches, decks, stairways, ramps, and parking areas are: a. Maintained clean, well-drained, free of debris, and in good repa…

A lodging establishment shall discontinue operations of the affected portions of the lodging establishment immediately upon discovery that an imminent health hazard exists. A proprietor shall notify the department by phone or email within twenty-four hours of identifying an immin…

The proprietors of lodging establishments shall pay the following annual, administration, and plan review license fees: 1. For a lodging establishment containing not more than three sleeping rooms, sixty dollars. 2. For a lodging establishment containing at least four sleeping ro…

The terms used throughout this article have the same meaning as in North Dakota Century Code Chapter 12.1-31, except: 1. "Aftercare" means written instructions given to the client, specific to the body art procedures rendered, about caring for the body art and surrounding area. T…

Following are the minimum requirements for construction, materials, and general condition of a body art establishment: 1. The operator of a new or extensively remodeled body art establishment shall submit a scale drawing and floor plan of the proposed establishment for a plan rev…

1. The following information shall be kept on file on the premises of a body art establishment and available for inspection by the department: a. Employee information: (1) Full names and exact duties; (2) Date of birth; (3) Gender; (4) Home address; (5) Home and work telephone nu…

1. Verbal and written public educational information, approved by the department, shall be required to be given to all clients wanting to receive body art procedures. Verbal and written instructions, approved by the department, for the aftercare of the body art procedure site sha…

1. So that the operator can obtain knowledge about the client's health status for receiving a body art procedure, the operator or technician shall ask for the information as follows: So your body art procedure heals properly, we ask that you disclose if you have or have had any o…

The body art establishment shall keep a record of all persons who have had body art procedures performed. The record shall include the name, date of birth, and address of the client; the date and time of the procedure; the name of the operator who performed the procedures; type a…

1. Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where the body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation, depending on the type of body art to be performed. If …

1. All nonsingle-use, nondisposable instruments used for body art shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water or by following the manufacturer's instructions, to remove blood and tissue residue, and shall…

1. Single-use items shall not be used on more than one client for any reason. After use, all single-use needles, razors, and other sharps shall be immediately disposed of in approved sharps containers. 2. All products applied to the skin, including body art stencils, shall be sin…

1. No person, firm, partnership, joint venture, association, business trust, corporation, or organized group of persons may operate a body art establishment except with a body art establishment license from the department. 2. It is prohibited to obtain or attempt to obtain any bo…

Temporary establishment licenses, when required, may be issued for body art services provided outside of the physical site of a certified facility for the purposes of product demonstration, industry trade shows, or education. Temporary establishment licenses will not be issued un…

1. A person who wishes to obtain a temporary demonstration license must submit the request in writing for review by the department at least thirty days prior to the event. The request must specify: a. The purpose for which the license is requested. b. The period of time during wh…

In addition to complying with all of the requirements of this code, mobile body art vehicles working from a mobile body art establishment shall also comply with all of the following requirements: 1. Mobile body art establishments are licensed annually, and no body art procedures …

1. It is a class B misdemeanor for establishments that continue to operate without proper permits from the department or operate in violation of these regulations. 2. A representative of the department shall provide proper identification as such before entering a body art establi…

This chapter applies to all persons who possess or operate tanning devices available to the public for the purpose of artificial light skin tanning, including those offered for use as part of a membership or premium offer in a health club, condominium, apartment complex activity …

The terms used throughout this article have the same meaning as in North Dakota Century Code chapter 23-39 except: 1. "Applicant" means any person who applies to the department for a license to operate a tanning facility. 2. "Customer" means any member of the public who is provid…

1. No tanning facility may state in any advertising, written or verbal, that tanning is free of hazards from ultraviolet radiation or has any health benefits other than those recognized by a credible scientific or medical source. 2. No person may state or imply that any activity …

1. Location and content. Tanning facilities shall prominently display a warning sign in each area where a tanning device is used. A sign shall be located within one meter of each device. The sign shall be readily legible, clearly visible, and not obstructed by any barrier, equipm…

1. The tanning facility shall maintain a record of the dates on which the tubes, bulbs, or lamps were replaced. 2. The tubes, bulbs, or lamps shall be replaced at the frequency recommended by the manufacturer or when the tubes, bulbs, or lamps become damaged or defective. A repla…

1. Use only tanning equipment manufactured and certified to comply with 21 CFR part 1040, section 1040.20, "sunlamp products and ultraviolet lamps intended for use in sunlamp products", in tanning facilities. Compliance shall be based on the standard in effect at the time of manu…

1. Walls, floors, and fixtures shall be kept clean at all times in the entire facility. 2. No article or equipment shall be used or offered for use by a patron unless that article has first been cleaned with an environmental protection agency-approved sanitizer. A test kit or oth…

If a customer of a tanning facility reports a sunburn injury to that facility resulting from the use of its tanning device, the owner shall provide the customer with written information on how to report the alleged injury to the department on a form prescribed by the department. …

1. The operator of a tanning facility shall maintain the following records: a. Each customer's total number of tanning visits and dates and duration of tanning exposure. b. Each customer's signature and acknowledgment that the customer has read and understands the written notice …

A person may not operate a tanning facility without a license issued by the department. The department shall conduct a preoperational inspection prior to initial licensure or changes in ownership to insure operator compliance and understanding of all laws and regulations. License…

1. The department may deny issuance of a license or suspend or revoke a license issued under this chapter if the applicant or licenseholder does not comply with or violates chapter 23-39 of the North Dakota Century Code or any provision of this chapter or if the applicant or lice…

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, kicking, and controlling behavior through corporal punishment. "Sexual ab…

If any part of this chapter is found to conflict with federal requirements, the more stringent shall apply. Such as finding or determination shall be made by the department and shall not affect the remainder of this chapter. History: Effective July 1, 2011. General Authority: NDC…

1. Certified nurse aide, home health aide, nurse aide, and medication assistant training programs must screen potential students or individuals seeking entry into a training program. This screening should be completed prior to beginning the training program and should occur in su…

1. Any individual employed by a nursing facility to provide nursing or nursing-related services who is not a licensed nurse or volunteer or pursuing nurse aide certification and entry on the nurse aide registry must successfully complete a department-approved certified nurse aide…

1. Any individual employed by a nursing facility to provide nursing or nursing-related services, who is not a licensed nurse or volunteer, must successfully complete a department-approved certified nurse aide competency evaluation program to be eligible to apply to be placed on t…

1. A certified nurse aide competency evaluation must be administered and evaluated by the department or a department-approved entity that is not a nursing facility licensed by the department. a. The entity that administers the competency evaluation must advise the individual in a…

1. Certified nurse aide training program status withdrawal and approval of status is as follows: a. The department shall withdraw approval of a nursing facility-based certified nurse aide training program when a determination has been made that the facility has been found to be o…

1. To complete the competency evaluation successfully the individual shall, at a minimum, successfully complete the competencies in subsection 1, 2, or 3 of section 33-43-01-05. 2. A record of successful completion of the competency evaluation for individuals seeking registration…

1. The department is responsible for the entering of individual names on the nurse aide registry upon receipt of information verifying completion of a department-approved certified nurse aide training and competency evaluation program or a department-approved certified nurse aide…

1. Information contained in the registry will be disclosable to any Medicare or Medicaid participating facility, nursing facility, home health agency, hospital, basic care facility, assisted living facility, ombudsman, other representative of an official agency, or other individu…

renewal. Individuals may not be employed to provide nursing or nursing-related services as a certified nurse aide, home health aide, or nurse aide, or hold themselves out to be a certified nurse aide, home health aide, or nurse aide unless the individual is registered on the depa…

An individual on the department's nurse aide registry may perform nursing interventions which have been delegated by a licensed nurse. An individual on the department's nurse aide registry as delegated and supervised by a licensed nurse: 1. Contributes to the assessment of the he…

An individual on the department's nurse aide registry may perform medication administration that has been delegated by a licensed nurse. 1. In a nursing facility, the medication assistant may perform medication assistance only when a licensed nurse is on the unit and available fo…

requirements. The medication assistant I program requirements are applicable to settings in which a licensed nurse is not regularly scheduled and provides direct or indirect supervision. The medication assistant I program consists of the theoretical concepts of medication adminis…

requirements. The medication assistant II program requirements are applicable to settings in which a licensed nurse may or may not be regularly scheduled. The medication assistant II program consists of a minimal time frame, including forty hours of theory, eight hours of laborat…

An individual on the department's nurse aide registry may accept the delegation of the delivery of specific medication for a specific client by a licensed nurse if the following steps are followed: 21 1. The individual on the department's nurse aide registry must receive the orga…

1. Administration of the initial dose of a medication that has not been previously administered to the client must be administered according to the organization policy. 2. Medication assistant students and medication assistants may administer medications by the following routes t…

1. The decision to administer pro re nata medications cannot be delegated in situations where an onsite assessment of the client is required prior to administration. 2. Some situations allow the administering of pro re nata medications without directly involving the licensed nurs…

The medication assistant I or medication assistant II, or other individual listed on the department's nurse aide registry, may not perform the following acts even if delegated by a licensed nurse: 1. Conversion or calculation to medication dosage; 2. Assessment of client need for…