Title 23 — Health and Safety

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.

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…

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which relate to functions or agencies covered by this chapter, remain in effect until they are specifically amended or repealed by th…

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 …

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.

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.

In this chapter unless the context otherwise requires: 1. "Autism spectrum disorder" means a brain disorder that may prevent understanding of what a person sees, hears, or otherwise senses and is conceptualized as a behavioral syndrome with multiple biological manifestations. 2. …

The department shall establish standards for the licensure of residential care facilities for children with autism spectrum disorder, regularly inspect the facilities, and grant annual licenses to the facilities that meet the established standards. Upon the request of the departm…

No person may operate or manage a residential care facility for children with autism spectrum disorder unless the facility has been licensed by the department. The license must state the name of the owner or manager of the facility, its location, and the maximum number of persons…

A residential care facility for children with autism spectrum disorder must be specifically designed, arranged, and staffed to provide twenty-four hour assistance with activities of daily living in a homelike environment in response to the individual needs of the residents. A res…

The owner or manager of a residential care facility for children with autism spectrum disorder must keep a record of every individual admitted to the facility, in the manner and form prescribed by the department.

The department shall prosecute all violations of this chapter. The department may apply to the district court of the county in which the residential care facility for children with autism spectrum disorder is located, for a temporary or permanent injunction restraining any person…

The department may adopt rules necessary to carry out its responsibilities under this chapter.

1. Any person who operates or manages a residential care facility for children with autism spectrum disorder without first obtaining a license as required by this chapter is guilty of a class B misdemeanor. 2. Any person who violates any provision of this chapter or any rule adop…

As used in this chapter: 1. "Cottage food operator" means an individual who produces or packages cottage food products in a kitchen designed and intended for use by the residents of a private home. 2. "Cottage food product" means baked goods, jams, jellies, and other food and dri…

1. Notwithstanding any other provision of law, a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this section. This section does …

For purpose of this chapter: 1. "Commissioner" means the commissioner of the department. 2. "Department" means the department of health and human services.

1. When the department revokes the license of a mobile home park, the department may file a petition with the district court to place the mobile home park under the control of a receiver for repeated or serious violations of chapter 23-10 or the administrative rules of the depart…

If the court grants the petition to place the mobile home park into receivership, the court shall appoint the commissioner as receiver. The commissioner may designate a qualified individual or a nonprofit organization to execute the receivership. An individual designated to execu…

The receivership terminates when: 1. The receiver and the court certify the conditions that prompted the receivership are corrected; 2. The license to operate the mobile home park is restored; 3. A new license to operate a mobile home park is issued; or 4. The owner of the mobile…

Upon termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.

It is hereby declared to be the purpose of the legislative assembly to establish standards for model rockets and model rocket launch sites for the protection of individuals involved in and exposed to the launching of model rockets.

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Model rocket engine" means a commercially manufactured, nonreusable rocket propulsion device constructed of a nonmetallic casing and solid propellant wherein all of the ingredients are self-cont…

Model rocket design and construction standards must comply with the following: 1. The model rocket engine must be a commercially manufactured propellant device and may not contain more than two and two-tenths ounces [62.37 grams] of propelling charge and must produce less than ei…

Sites used as model rocket launch sites must comply with the following: 1. No person other than the user and individuals assisting the user may be permitted within fifteen feet [4.57 meters] of the launching device when engines of an "A", "B", or "C" category are used or within t…

1. No model rocket engines may be stored, sold, or offered for sale at retail unless such model rocket engine has been classified into one of the standardized engine codes listed in the chart in this section and unless such code is marked upon the model rocket engine. 2. No model…

In the event of an accident involving damage to either persons or property by a model rocket or by a model rocket engine, it is the responsibility of the investigating authority to immediately notify the state fire marshal or local fire control authorities that such accident has …

Any person who violates any provision of this chapter is guilty of an infraction.

In this chapter, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Health care facility" means those facilities licensed under chapter 23-16.

If the department has revoked the license of a health care facility, or if the operator of a health care facility has requested, the department may file a petition with the district court to place the health care facility under the control of a receiver if necessary to protect th…

In the event of an emergency any receiver appointed under section 23-16.1-02.1 may remove any or all residents of a nursing facility and close the facility if deemed necessary.

The court shall appoint as receiver the state health officer who shall designate a qualified individual, not employed by this state or its political subdivisions, or a nonprofit organization to execute the receivership. The receiver appointed by the court shall use the income and…

The receivership must be terminated when the receiver and the court certify that the conditions which prompted the appointment have been corrected, when the license is restored, when a new license is issued, or, in the case of an election by the owner or owners to discontinue ope…

Upon the termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.

In this chapter, unless the context and subject matter otherwise require: 1. "Allowed practitioner" means a physician assistant or advanced practice registered nurse. 2. "Clinical record" means a written account which covers the services the agency provides directly and those pro…

A person may not conduct, maintain, or operate a home health agency without a license issued by the department. The department shall adopt rules for the application, issuance, and renewal of a license.

Repealed by S.L. 1995, ch. 254, § 6.

On receipt of an initial or renewal application, the department or its authorized agent shall evaluate the home health agency. If minimum standards described in section 23-17.3-05 are met, the department shall issue the license for renewal.

1. Minimum standards which a home health agency must meet for licensure are: a. The agency shall provide skilled nursing and at least one other therapeutic service, such as physical therapy, occupational therapy, speech therapy, medical social services, or home health aide servic…

The department shall provide professional advice and consultation related to the quality of home health agency aspects of health care and services provided by the licensee.

The department may deny, suspend, or revoke a license for noncompliance with this chapter in accordance with the administrative hearing provisions of chapter 28-32.

The department shall adopt necessary rules relating to the home health agencies licensed pursuant to section 23-17.3-02, including rules governing: 1. Qualifications of professional and ancillary personnel in order to furnish adequately home health services. 2. Standards for the …

1. The department is authorized to conduct periodic inspections of the facilities of licensed home health agencies with respect to fitness and adequacy of equipment, personnel, rules and bylaws, standards of service and medical care, plans of treatment, records, and other standar…

Information received under this chapter by the department, through inspection or otherwise, is confidential and may not be disclosed except: 1. In a proceeding involving the question of license; 2. In a judicial proceeding, upon a court order; or 3. To a health or social services…

In this chapter, unless the context or subject matter otherwise requires: 1. "Bereavement" means the period of time during which the hospice patient's family experiences and adjusts to the death of the hospice patient. 2. "Department" means the department of health and human serv…

No person may establish, conduct, or maintain a hospice program, or advertise or present itself to the public as a hospice program, without first obtaining a hospice program license from the department.

A hospice program license is valid only for the premises, person, or facility named in the application for license and is not transferable or assignable. The license must be renewed annually. The license must be displayed in a conspicuous place inside the hospice program office.

An application for issuance or renewal of a hospice program license must be made to the department upon forms provided by the department. The application must contain information reasonably required by the department. The application must be accompanied by: 1. The hospice service…

Prior to the issuance or renewal of a hospice program license, the department shall inspect the hospice program for compliance with the standards established pursuant to this chapter. To the maximum extent possible, the department shall coordinate inspections made under this chap…

Upon receipt of a completed application for issuance or renewal of a hospice program license, the department shall issue or renew a license if the department finds the applicant in compliance with this chapter and the minimum standards established pursuant to this chapter.