1. As used in this section: a. "Respite care provider" means an individual enrolled as a qualified service provider who provides respite care to private-pay adult residents in the absence of the provider. b. "Substitute caregiver" means an individual who meets qualified service provider standards and provides respite care to private-pay adult residents in the absence of the provider. 2. The department may not limit the services of a substitute caregiver or a respite care provider providing resident care on behalf of a foster home for adults to less than two hundred twenty calendar days during the twenty-four-month period immediately following the renewal date of the initial license or for less than one hundred ten calendar days during the twelve-month period immediately following the date of the issuance of the initial license. 3. Unless a substitute caregiver or a respite care provider provided resident care on behalf of a foster home for adults for more than twelve hours during a calendar day, the department may not count the calendar day toward the limit determined by the department in accordance with subsection 2.
4. This section applies to private-pay adult foster care providers.
50-11-03.7. Adult foster care providers - Temporary assistants - Permitted use of electronic device for monitoring. An adult foster care provider may: 1. Employ a temporary assistant as needed to assist with private-pay adult residents that have physical limitations that require more than one provider to properly assist. 2. Use an electronic device for monitoring an otherwise unattended adult resident within a limited range, which allows the provider to remain nearby while ensuring the safety of the resident. Before implementing an electronic device for monitoring, the use of the device must be approved in writing by the resident or, if the resident is incapacitated, a family member or legal representative of the resident.
50-11-04. Inspection by the department - Inspection and report by the department or its authorized agent. The department and its authorized agents at any time may inspect any facility licensed, certified, or approved under the provisions of this chapter or with respect to which a license, certification, or approval application has been made, except for approved family foster homes for children. The department and its authorized agents shall have full and free access to every part of the facility. The department may require, on a case-by-case basis, prior to or after licensure, certification, or approval, that a facility undergo a fire inspection, inspection of the heating system or the electrical system, or any other type of inspection that the department deems necessary to carry out the purposes of this chapter. All records of the facility must be open for the inspection of the department or its authorized agents and they may see and interview all children and adults cared for therein. Upon the request of the department, the department or its authorized agent shall inspect any facility for which a license, certification, or approval is applied or issued, with the exception of approved family foster homes for children, and shall report the results of the inspection to the department.