Title 23 — Health and Safety

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. …

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 …

The provisions of this chapter in no way affect existing statutes relating to the administration, regulation, or registration of all cemetery organizations. It is the duty of the state's attorney or the attorney general to enforce the provisions of this chapter.

No hospital or health facility may interfere with the physician-patient relationship by restricting or forbidding the use of amygdalin when prescribed or administered by a licensed physician and requested by a patient unless the substance as prescribed or administered by the phys…

Any person may petition, or the board on its own motion may convene, a public hearing to determine the effects of the use of amygdalin and to promulgate rules and regulations pursuant to chapter 28-32 as to its use and administration.

To protect the public through verification of competency and ensure accountability for patient care-related activities all states license emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics. This comp…

In this chapter: 1. "Advanced emergency medical technician" means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the national emergency medical services education standards and national emergency medical services scope of…

1. Any member state in which an individual holds a current license is deemed a home state for purposes of this compact. 2. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized…

1. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with section 23-27.1-03. 2. To exercise the privilege to practice under the terms and provisions of this compact, an individual must: a. Be at least…

An individual may practice in a remote state under a privilege to practice only in the performance of the individual's emergency medical services duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances: 1. T…

Upon a member state's governor's declaration of a state of emergency or disaster that activates the emergency management assistance compact, all relevant terms and provisions of the emergency management assistance compact apply and to the extent any terms or provisions of this co…

1. A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state. 2. If an individual's license in any home state is restricted or suspended, the individual is not eligible to practice in a remote state under the privile…

1. The commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states. 2. Notwithstanding any other provision …

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments are binding as of the date specified in each rule or amendment. 2. If a majority of the legislatures of the member stat…

1. a. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated her…

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact is held to be contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact…

As used in this chapter: 1. "Department" means the department of health and human services. 2. "Distressed ambulance service" means a licensee the department has declared a distressed ambulance service under section 23-27.2-05. 3. "Emergency medical services plan" or "plan" means…

1. The distressed ambulance service program is hereby created. 2. The department shall: a. Carry out the administrative functions of the program; b. Adopt rules necessary to implement this chapter and manage the program; c. Take reasonable measures to ensure reliable ambulance re…

1. The department shall identify and evaluate licensees that have: a. A substantial likelihood to fail to comply with federal or state law or regulation; b. Indicated an intention to cease operation or change licensure level within sixty days; or c. Indicated a substantial likeli…

1. A licensee that receives a notice under section 23-27.2-03 shall respond to the department within forty-five days of the date of the notice. The response must include: a. The licensee's proposed corrective action to address the criteria under subsection 1 of section 23-27.2-03…

1. The department may declare a licensee a distressed ambulance service if the licensee: a. Failed to respond to the department in accordance with section 23-27.2-04; b. Failed to make sufficient progress to address the circumstances described in the notice; c. Failed to take cor…