North Dakota Administrative Code

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…

Individuals may not be employed as a medication assistant I or medication assistant II or hold themselves out to be a medication assistant I or medication assistant II unless the individual holds a registration as a medication assistant I or medication assistant II on the departm…

1. The department will investigate a complaint reported involving individuals registered on the department's nurse aide registry. 2. The complaint investigation will be conducted according to the department's established complaint investigation policies and procedures. History: E…

1. The department may deny, suspend, revoke, or encumber the registration status of, or issue a letter of concern against, an individual listed on the department's nurse aide registry who: a. Has obtained or attempted to obtain registration as a nurse aide by fraud, deceit, or in…

1. Individuals who have been denied registry status will be informed of the reasons why and provided an opportunity for a hearing consistent with this section. 2. Individuals registered on the department's registry against whom allegations of abuse, neglect, misappropriation of r…

registry listing. 1. An individual on the department's nurse aide registry with a finding of neglect placed on the individual's nurse aide registry listing may petition the department in writing to have the finding removed from the individual's registry listing. The individual mu…

The department will grandfather the approval and current registry status of the nurse aides, home health aides, and medication assistants I and II and related training programs transferred from the state board of nursing to the state department of health July 1, 2011, until the n…

Any provisions of this chapter 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 clients and would result in unreasonable hardship upon the entity requesting the waiver. A wa…

In this chapter, unless the context otherwise requires: 1. "Activation time" means the amount of time it is likely to take for an individual to begin to feel the effects of ingesting or inhaling usable marijuana. 2. "Adverse reaction" means an unwanted, unexpected, or dangerous e…

A registered qualifying patient or registered designated caregiver who is required to provide notification in accordance with subsection 1 of North Dakota Century Code section 19-24.1-10 shall provide the department written notice. History: Effective April 1, 2018. General Author…

A compassion center that fails to provide notice as required by North Dakota Century Code chapter 19-24.1 and these rules, is subject to a fee in the amount of one hundred fifty dollars. History: Effective April 1, 2018. General Authority: NDCC 19-24.1-20 Law Implemented: NDCC 19…

The department may process a qualifying patient application for a registry identification card without the signature of the minor's parent or legal guardian if the applicant is eighteen years of age and the department determines the minor has no parent or legal guardian with resp…

The department shall collect nonrefundable original application fees and nonrefundable renewal application fees for registry identification cards as follows: 1. For resident qualifying patient applications, forty dollars. 2. For nonresident qualifying patient applications, forty …

For a cardholder's first time losing a qualifying patient registry identification card or compassion center agent registry identification card, the department shall collect no fees for issuing a new registry identification card. For a cardholder's second and subsequent times losi…

1. An individual who is no longer registered with the department or a cardholder who is no longer eligible shall dispose of any usable marijuana in their possession by: a. Returning it to a dispensary; or b. Rendering it unusable in accordance with subsection 4 of section 33-44-0…

An initial registry identification card expires one year after the date of issuance, unless the health care provider's written certification identifies the benefit from the medical use of marijuana is less than a year. To prevent interruption of possession of a valid registry ide…

1. The department shall announce the open application period for the submission of compassion center applications. The announcement may be made using the department's website, electronic mail, press release, or any other means determined by the department. The announcement must i…

If the department determines additional compassion centers are necessary to increase access to usable marijuana by registered qualifying patients and registered designated caregivers, the department may register additional compassion centers as follows: 1. The application and sel…

The department may use the compassion center application and selection process in accordance with North Dakota Century Code chapter 19-24.1 and section 33-44-01-06 to register a manufacturing facility as a specific category of a medical marijuana establishment. A manufacturing fa…

The department shall collect nonrefundable application fees for compassion centers as follows: 1. For a manufacturing facility, three thousand dollars. 2. For a dispensary, two thousand dollars. History: Effective October 1, 2022; amended effective October 1, 2023. General Author…

The department shall collect certification fees for compassion center registrations as follows: 1. For a manufacturing facility, seventy-five thousand dollars. 2. For a dispensary, sixty thousand dollars. 3. For a production only authorized manufacturing facility, forty thousand …

The department shall collect an additional certification fee of five thousand dollars for every five hundred plants in excess of one thousand plants a manufacturing facility possesses. History: Effective October 1, 2023. General Authority: NDCC 19-24.1-15 Law Implemented: NDCC 19…

1. A manufacturing facility shall grow an amount of marijuana sufficient to meet the qualifying patient population demands. A manufacturing facility may possess up to fifty plants for the purpose of department-authorized research and development related to production and processi…

Except for minimum-risk pesticides identified in North Dakota Century Code section 4.1-34-10, the use of pesticides, as defined in North Dakota Century Code section 4.1-34-01, in the production, processing, or storage of marijuana is prohibited. Prior to using any minimum-risk pe…

All marijuana or usable marijuana inventory affected or contaminated, as defined by these rules, by pesticides must be disposed of in accordance with these rules, or as required by the department of agriculture. History: Effective April 1, 2018. General Authority: NDCC 19-24.1-23…

1. A compassion center operations manual must include: a. Procedures for the oversight of the compassion center, including documentation of the reporting and management structure of the compassion center. The procedures must include a business continuity plan. b. Procedures to en…

1. Except as provided in section 33-44-01-13, compassion center restricted access areas include: a. All areas containing marijuana, usable marijuana, and medical marijuana waste. b. All areas used for production and processing. 2. A compassion center shall use an electronic contr…

1. A dispensary may have a display area where usable marijuana is displayed in enclosed locked cases accessible only by compassion center agents. The purpose of the display area is to provide registered qualifying patients and registered designated caregivers the opportunity to v…

1. A dispensary may accept at no charge unused, excess, or contaminated usable marijuana for disposal. A dispensary shall maintain a written record of returned usable marijuana that includes: a. The name of the registered qualifying patient; b. The registered qualifying patient's…

1. All medical marijuana waste generated during production, processing, and testing, must be stored, managed, and disposed of in accordance with these rules. 2. All medical marijuana waste generated during production, processing, and testing must be evaluated against the state's …

Each compassion center shall establish a procedure for issuing voluntary and mandatory recalls for usable marijuana. 1. Factors that require a recall include: a. Defective or potentially defective usable marijuana. b. Usable marijuana that has failed laboratory testing in accorda…

1. To prevent unauthorized access to marijuana and usable marijuana, the compassion center shall have video surveillance equipment to deter the unauthorized entrance into restricted access areas. a. The compassion center shall operate, monitor, and maintain in good working order …

1. A compassion center shall install and maintain a professionally monitored security alarm system that provides intrusion and fire detection of all: a. Facility entrances and exits. b. Rooms with exterior windows. c. Rooms with exterior walls. d. Roof hatches. e. Skylights. 2. A…

1. The department shall maintain a computer information system for inventory control and registry identification card verification. 2. A compassion center inventory control system shall interface with the computer information system maintained by the department. All costs associa…

1. Each compassion center, prior to commencing business, shall: a. Conduct an initial inventory of all marijuana and usable marijuana at the compassion center. If a compassion center commences business with no marijuana or usable marijuana, the compassion center shall record the …

1. Personnel records maintained by the compassion center must include: a. Recruiting and screening documents, such as: (1) Application. (2) Resume. b. Job descriptions. c. Records relating to job offers, promotion, demotion, transfer, layoff, and education and training. d. Record…

1. Compassion centers and the laboratory shall contact 911 in the event of an emergency and contact law enforcement or 911 to report criminal activities. 2. Compassion centers and the laboratory shall provide the department with written notice, within twenty-four hours, of any of…