Title 23 — Health and Safety
97 chapters · 659 sections in this title.
N.D.C.C. § 23-09.3-01 Definitions
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As used in this chapter: 1. "Basic care facility" means a residence, not licensed under chapter 23-16 by the department, that provides room and board to five or more individuals who are not related by blood or marriage to the owner or manager of the residence and who, because of …
N.D.C.C. § 23-09.3-01.1 Moratorium on expansion of basic care bed capacity
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1. Basic care beds may not be added to the state's licensed bed capacity during the period between August 1, 2025, and July 31, 2029, except if: a. A nursing facility converts nursing facility beds to basic care; b. An entity licenses bed capacity transferred as basic care bed ca…
N.D.C.C. § 23-09.3-02 Residential areas - Nongeriatric persons
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A nursing home, intermediate care facility, basic care facility, or any combination of a nursing home, intermediate care facility, or basic care facility may establish residential areas specifically for inhabitation by nongeriatric persons subject to any reasonable rules adopted …
N.D.C.C. § 23-09.3-03 Access to pharmacist
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Repealed by S.L. 2001, ch. 432, § 7. 23-09.3-04. Department to establish standards - Licensing - Inspection - Survey - Prosecute violations. 1. The department shall establish standards for basic care facilities. The department shall inspect all places and grant annual licenses to…
N.D.C.C. § 23-09.3-05 License required - Term - Revocation
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No person, institution, organization, limited liability company, or public or private corporation may keep, operate, conduct, or manage a basic care facility without holding a valid license issued by the department. The license is not valid for more than one year. Any license may…
N.D.C.C. § 23-09.3-05.1 Application for license - License fee
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Applicants for a license shall file applications under oath with the department upon forms prescribed. An application for a license for facilities not owned by the state or its political subdivisions must be accompanied by a fee of ten dollars per bed. License fees collected purs…
N.D.C.C. § 23-09.3-06 Injunction
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The department may apply to the district court of the county in which the basic care facility is located for, and the court has jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from establishing, conducting, managi…
N.D.C.C. § 23-09.3-07 Contents of license
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The license must show the name of the owner or manager of the basic care facility, its location, and the maximum number of persons that may be received and kept in the basic care facility at any one time.
N.D.C.C. § 23-09.3-08 Records kept by basic care facility
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A record of every individual admitted to any basic care facility must be kept at the place licensed by the owner or manager in the manner and form prescribed by the department.
N.D.C.C. § 23-09.3-08.1 Admission of residents to basic care facility - Restrictions - Exception
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1. A basic care facility may not admit and retain an individual unless the: a. Facility provides, directly or through contract, appropriate services within the facility to attain or maintain the individual at the individual's highest practicable level of functioning; and b. Condi…
N.D.C.C. § 23-09.3-09 Authority to adopt rules
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The department may adopt rules necessary to carry out its responsibilities under this chapter. Rules adopted by agencies prior to January 1, 1990, which relate to functions or agencies covered by this chapter, remain in effect until they are specifically amended or repealed by th…
N.D.C.C. § 23-09.3-10 Rules on services to nongeriatric persons
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The department shall adopt rules under chapter 23-16 for patient and resident care and quality care review which are not in conflict with any federal laws, and as are necessary to ensure the appropriate medical, social, and psychological services to nongeriatric persons residing …
N.D.C.C. § 23-09.3-11 Department to furnish information when requested
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If called upon by any person, organization, corporation, limited liability company, or community interested in establishing a basic care facility, the department shall furnish information concerning the laws and rules governing operation of a basic care facility.
N.D.C.C. § 23-09.3-12 Penalty
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Any person who violates any provision of this chapter is guilty of a class B misdemeanor.