Title 23, Health and Safety

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.

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.

A hospice program must comply with the following basic standards: 1. The hospice program's services must include physician services, nursing services, medical social services, counseling, and volunteer services. The services must be coordinated with those of the hospice patient's…

1. The department shall adopt rules establishing minimum standards for hospice programs, including: a. Compliance with the standards of section 23-17.4-07. b. The number and qualifications of persons providing direct hospice services. c. The qualifications of those persons or ent…

Any duly authorized officer or employee of the department may make necessary inspections and investigations to determine the state of compliance with the provisions of, and rules adopted pursuant to, this chapter. The department may inspect any program which the department has re…

Denial, suspension, or revocation of a hospice program license by the department for noncompliance with this chapter is governed by chapter 28-32.

In this chapter, unless the context and subject matter otherwise require: 1. "Department" means the department of health and human services. 2. "Extended stay center" means a facility that provides extended stay services. 3. "Extended stay services" means postsurgical and postdia…

A person may not conduct, maintain, or operate an extended stay center without a certificate of registration issued by the department. The department shall adopt rules for the application, issuance, and renewal of a certificate of registration.

Upon receipt of an initial or renewal certificate application, the department or the department's authorized agent shall evaluate the extended stay center. If minimum standards described in section 23-17.6-04 are met, the department shall issue the certificate.

1. An extended stay center shall meet the following minimum standards for registration: a. Must be affiliated with one or more facilities certified by the centers for Medicare and Medicaid services as an ambulatory surgical center; b. Must have no more than two recovery beds for …

The department may deny, suspend, or revoke the certificate of registration of an extended stay center 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 extended stay centers, including rules governing: 1. Licensure qualifications of professional and ancillary personnel; 2. Standards for the organization and quality of patient care performed at the extended stay center; 3…

The department shall adopt by rule the fee for registering an extended stay center, not to exceed an application fee of fifteen thousand dollars and an annual renewal fee of fifteen thousand dollars.

Before the issuance or renewal of an extended stay center certificate of registration, the department shall inspect the extended stay center for compliance with the standards established under this chapter. To the maximum extent possible, the department shall coordinate reviews m…

As used in this section, unless the context and subject matter otherwise require: 1. "Department" means the department of health and human services. 2. "Hospice patient" has the same meaning as provided under section 23-17.4-01. 3. "Hospice program" has the same meaning as provid…

A person may not conduct, maintain, or operate a residential end-of-life facility in this state without a license issued by the department under this chapter. A licensed residential end-of-life facility is not a hospital, skilled nursing home, intermediate care facility, nursing …

1. Upon receipt of an initial or renewal license application on forms established by the department, the department or the department's authorized representative shall evaluate and inspect the residential end-of-life facility. The department shall issue or renew a license for an …

The department may deny, suspend, or revoke the license of a residential end-of-life facility for noncompliance with this chapter or rules adopted under this chapter in accordance with the administrative hearings provisions of chapter 28-32.

Any person, firm, corporation, or other form of organization organized or engaging in the business under the laws of the state of North Dakota, or wheresoever organized and engaging in the business in the state of North Dakota, of the ownership, maintenance, or operation of a cem…

As used in this chapter: 1. "Nonperpetual care cemetery" means all other cemeteries, mausoleums, columbariums, or other organizations subject to the provisions of this chapter. 2. "Perpetual care cemetery" means any cemetery, mausoleum, columbarium, or other organization provided…

No organization may operate as a perpetual care cemetery unless licensed on forms provided by the department of health and human services by the recorder of the county within which the cemetery is located, unless the board of county commissioners designates a different official. …

The recorder, or designated official, shall revoke or refuse to renew a license to operate a perpetual care cemetery if such organization fails to comply with the provisions of this chapter. When the recorder, or designated official, revokes or refuses to renew a license to opera…

1. Any organization subject to this chapter which is organized or commences business in this state and desires to operate as a perpetual care cemetery, before selling or disposing of any interment space or lots, shall establish a minimum perpetual care and maintenance guarantee f…

Each person charged by an organization with the statutory responsibility of setting aside and depositing funds in a perpetual care fund, before entering upon the discharge of the person's duties and annually thereafter, shall furnish a bond in the penal sum of an amount to be det…

Any such organization subject to the provisions of this chapter which was organized and engaged in business prior to the effective date of this chapter shall be a perpetual care cemetery if it at all times subsequent to the effective date of this chapter complies with the require…

Each nonperpetual care cemetery shall post in a conspicuous place in the office or offices where sales are conducted a legible sign stating: "This is a nonperpetual care cemetery". The lettering of this sign must be of suitable size so it is easily read at a distance of fifty fee…

Any nonperpetual care cemetery after the effective date of this chapter may become a perpetual care cemetery by placing in the perpetual care trust fund twenty-five thousand dollars or five thousand dollars per acre [.40 hectare] of all property sold, whichever is the greater, an…

Any cemetery lot, transferred to an individual owner by a cemetery organization governed by the provisions of this chapter, in which no interment has been made and which remains uncared for or neglected by the owner for a period of thirty or more years may, except when the owner …

It is unlawful for any organization subject to the provisions of this chapter to pay or offer to pay to, or for any person, firm, corporation, or limited liability company to receive directly or indirectly a commission or bonus or rebate or other things of value, for or in connec…

It is unlawful for any organization subject to the provisions of this chapter to deny the privilege of interment of the remains of any deceased person in any cemetery described in section 23-21.1-01 solely because of the race or color of such deceased person. Any contract, agreem…

Any person violating any of the provisions of this chapter is guilty of a class A misdemeanor.

Each day any person, firm, corporation, or limited liability company violates any provision of this chapter, except the commission of any act declared unlawful in section 23-21.1-08, must be deemed to be a separate and distinct offense.

No organization subject to the provisions of this chapter nor any person representing it may advertise or represent, in connection with the sale or attempted sale of any interment space, that the same is or will be a desirable speculative investment for resale purposes.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the …