reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-15 - Complaints

Current through Supplement No. 393, July, 2024
After receipt of a complaint regarding violation of
				  electrology licensure rules, the department shall request that the complainant
				  submit the complaint in writing. Confidentiality regarding the identity of the
				  complainant will be maintained if requested by the complainant.
1. The department shall send a written
				summary of the complaint by certified mail to the electrologist requesting a
				written reply to the allegation.
2. A reply from an electrologist will be
				considered by the department if received within fourteen days of the date on
				which the electrologist received the complaint summary.
3. The department will determine if further
				action is required in investigating the complaint.
4. A summary of the results of the
				investigation will be sent to the complainant and the licensed electrologist
				within fourteen days of the completion of the investigation.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-16 - Penalties for infraction of this chapter

Current through Supplement No. 393, July, 2024
The department may invoke penalties for violations of this
				  chapter.
1. The department, based on
				a determination that a licensee has violated or continues to violate this
				chapter, may suspend, revoke, or impose a provisional license.
2. The department may levy a civil money
				penalty against an electrologist in an amount not to exceed twenty-five dollars
				per day for noncompliance with this chapter.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-17 - Approved training program

Current through Supplement No. 393, July, 2024
Only programs that the department determines to meet the
				  curriculum criteria in section
				  33-03-11.1-17 will be considered
				  to be an approved training program.
1. A department-approved electrology training
				program must have a curriculum that contains, at a minimum, six hundred hours,
				three hundred seventy of which are practical training.
2. Curriculum content for an approved
				electrology training program must include the following:
Law and rules
Bacteriology
Sanitation and sterilization
Anatomy and physiology
Endocrinology
Structure, dynamics, and
diseases of skin and hair
Circulatory and nervous system
Electricity
Electrolysis
Galvanic
Thermolysis
Blend
Draping and positioning
Professional ethics and business
practices
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-01 - Purpose

Current through Supplement No. 393, July, 2024
The state health officer hereby establishes a hemophilia
				  program for the purpose of providing financial assistance to persons suffering
				  from hemophilia and other related congenital bleeding disorders. The program
				  shall assist those persons to purchase the blood derivatives and supplies
				  necessary for home care.
General Authority: NDCC 23-07.2-02
Law Implemented: NDCC
					 23-07.2-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in the North Dakota Century Code chapter 23-07.2, except:
1. "Home care" means the self-infusion of a plasmatic
				  clotting factor on an outpatient basis by the patient, or the infusion of a
				  plasmatic clotting factor to a patient on an outpatient basis by a person
				  trained in such procedures.
2. "Income" means adjusted gross income as defined in the
				  laws of the United States relating to federal income taxes, unless a different
				  meaning is clearly required or contemplated.
3. "Individual liability" means the individual's own
				  liability for treatment under this program less that amount paid for through
				  this program.
4. "Net worth" means the sum of the value of liquid assets
				  and real property, after excluding the full value of the home derived by
				  dividing the assessed value by the assessment ratio of the taxation district.
5. "Patient's eligibility for assistance" means any
				  individual eligible for financial assistance under section
				  33-03-12-03 who would suffer
				  financial hardship, to be determined by the state health officer, if assistance
				  were not forthcoming from this program.
6. "Permanent resident" means any person who becomes a
				  resident in North Dakota with a permanent North Dakota mailing address.
7. "Person" means an individual human being.
General Authority: NDCC 23-07.2-01
Law Implemented: NDCC
					 23-07.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-03 - Eligibility

Current through Supplement No. 393, July, 2024
Any permanent resident of this state who suffers from
				  hemophilia or other related congenital bleeding disorder may participate in the
				  program if that person meets the requirements and standards of this chapter.
				  The person may enter into an agreement with the state health officer for a
				  maintenance program to be followed by that person as a condition for
				  eligibility, and who produces evidence that this condition has been diagnosed
				  by a licensed physician. The state health officer shall at least once in each
				  six-month period, review the maintenance program and verify that the person is
				  complying with the program.
General Authority: NDCC 23-07.2-04
Law Implemented: NDCC
					 23-07.2-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-04 - Reasonable cost for blood products

Current through Supplement No. 393, July, 2024
1.
				The reasonable cost, as determined by the state health officer, for blood
				products and supplies used in home care for which reimbursement is not
				prohibited under section
				33-03-12-05 may be reimbursed
				under this program after deduction of the patient's liability. Reasonable cost
				reimbursement shall be subject to availability of moneys for this program.
2. Moneys available for this
				program, will be used to assist individuals on a first-come, first-served
				basis. Moneys will only be used for current financial assistance to eligible
				persons. Moneys will not be used to assist someone retroactively.
General Authority: NDCC 23-07.2-04
Law Implemented: NDCC
					 23-07.2-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-05 - When reimbursement not made

Current through Supplement No. 393, July, 2024
1.
				Reimbursement shall not be made under this chapter for any blood products or
				supplies which are not purchased pursuant to the state health officer's
				agreement.
2. Reimbursement shall
				not be made under this chapter for any portion of the costs of blood products
				or supplies which are payable under any other state or federal program or under
				any grant, contract, or any other contractual arrangement.
General Authority: NDCC 23-07.2-03, 23-07.2-04
Law Implemented: NDCC 23-07.2-03,
					 23-07.2-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-06 - Recovery from other sources

Current through Supplement No. 393, July, 2024
The state health officer may enter into agreements with
				  third parties, including any insurer, for payments for blood products and for
				  supplies used in home care by persons participating in the program.
General Authority: NDCC 23-07.2-04
Law Implemented: NDCC
					 23-07.2-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-07 - Patients' eligibility

Current through Supplement No. 393, July, 2024
In determining eligibility for reimbursement under this
				  program, the severity of the hemophilia and the magnitude of medical expenses
				  being encountered by the family may be considered as the sole criteria for
				  eligibility for reimbursement regardless of income, family size, or net worth.
General Authority: NDCC 23-07.2-04
Law Implemented: NDCC
					 23-07.2-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-12 - Hemophilia › Section 33-03-12-08 - Supplies and services covered in home care for reimbursement

Current through Supplement No. 393, July, 2024
The following supplies and services used in home care are
				  covered under this program:
1.
				Coagulation factor.
2. Diluent, if
				needed.
3. Syringes and
				intravenous needles.
General Authority: NDCC 23-07.2-04
Law Implemented: NDCC
					 23-07.2-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-13 - Construction Standards for Residential Facilities for the Physically Disabled › Section 33-03-13-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  requires otherwise:
1. "Ambulatory" means able to walk without assistance.
2. "Department" means the state department of health.
3. "Mobile nonambulatory" means unable to walk without
				  assistance, but able to move from place to place with the use of a device such
				  as a walker, crutches, a wheelchair, or a wheeled platform.
4. "Nonambulatory" means unable to walk without assistance.
5. "Nonmobile" means unable to move from place to place.
6. "Physically disabled" means a mobile nonambulatory,
				  nonambulatory, or nonmobile person.
7. "Residential facility for physically disabled" means a
				  facility of residential character having sleeping space for no more than
				  fifteen physically disabled residents.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-13 - Construction Standards for Residential Facilities for the Physically Disabled › Section 33-03-13-02 - Fire safety

Current through Supplement No. 393, July, 2024
Residential facilities for the physically disabled shall:
1. Be located in areas served by a
				fire extinguishing organization approved by the state fire marshal.
2. Comply with chapter 12 of the 1981 edition
				of the Life Safety Code. The fire safety evaluation system may be used in the
				design of a facility and in the evaluation of an existing building.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-13 - Construction Standards for Residential Facilities for the Physically Disabled › Section 33-03-13-03 - Water supply

Current through Supplement No. 393, July, 2024
1. Residential
				facilities for the physically disabled shall be located in areas where public
				or private water supplies approved by the department are available. Approved
				public water supplies shall be used where available.
2. When a private water supply is utilized,
				water samples shall be submitted to the department and analyzed to determine
				bacteriological acceptability.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-13 - Construction Standards for Residential Facilities for the Physically Disabled › Section 33-03-13-04 - Sewage disposal

Current through Supplement No. 393, July, 2024
1. Residential
				facilities for the physically disabled shall be located in areas where public
				or private sewage disposal systems approved by the department are available.
				Approved public sewage disposal systems shall be used where available.
2. Plans and specifications for
				proposed private sewage disposal systems or alteration to such systems must be
				approved by the department prior to their construction.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-13 - Construction Standards for Residential Facilities for the Physically Disabled › Section 33-03-13-05 - Physical plant

Current through Supplement No. 393, July, 2024
Buildings housing a residential facility for the physically
				  disabled shall:
1. Comply with North
				Dakota Century Code section 48-02-19.
2. Be constructed to accommodate no more than
				fifteen eligible residents.
3. Be
				limited in size to three hundred fifty square feet [32.52 square meters] per
				resident, inclusive of space for two employees of the applicant. Facilities of
				more than eight resident beds shall be limited to one hundred seventy-five
				square feet [16.26 square meters] per additional resident bed.
4. Be of modest design minimizing the length
				of hallways, the number of exterior corners, and complexity of construction.
5. Include provisions for its
				conversion to an alternate use at a reasonable cost.
6. Provide space for dining, kitchen, family
				living and recreation, utility, andbedrooms as an integral part of a single
				structure.
7. Provide these
				sleeping area standards:
a. Require no more
				than two residents to share a bedroom other than on a temporary basis.
b. Provide no less than one
				hundred square feet [9.29 square meters] of floor area exclusive of bathroom
				and closet space for single occupancy bedrooms.
c. Provide no less than eighty square feet
				[7.43 square meters] per bed of floor space exclusive of closet and bathroom
				space in double occupancy bedrooms.
d. Locate bedrooms on the outside wall and
				separate them from other rooms and spaces by walls extending from floor to
				ceiling.
e. Locate bedrooms at or
				above grade level.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-13 - Construction Standards for Residential Facilities for the Physically Disabled › Section 33-03-13-06 - Variance

Current through Supplement No. 393, July, 2024
Upon written application, the department may grant a
				  variance from specific provisions of this chapter, except no variance may
				  permit or authorize a danger to the health or safety of residents or impede
				  their normalization process.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  requires otherwise:
1. "Ambulatory" means able to walk without assistance.
2. "Day service facility" means a nonresidential building in
				  which a variety of activities are provided to maximize the developmental
				  potential of persons served.
3. "Department" means the state department of health.
4. "Developmental disability" has the same meaning as in
				  North Dakota Century Code chapter 25-01.2.
5. "Mobile nonambulatory" means unable to walk without
				  assistance, but able to move from place to place with the use of a device such
				  as a walker, crutches, a wheelchair, or a wheeled platform.
6. "Nonambulatory" means unable to walk without assistance.
7. "Nonmobile" means unable to move from place to place.
8. "Small intermediate care facility for the ambulatory
				  developmentally disabled" means a facility of residential character having
				  sleeping space for no more than fifteen ambulatory residents capable of taking
				  action for self-preservation.
9. "Small intermediate care facility for the mobile
				  nonambulatory, nonambulatory, and nonmobile developmentally disabled" means a
				  facility of residential character having sleeping space for no more than
				  fifteen mobile nonambulatory, nonambulatory, or nonmobile residents incapable
				  of taking action for self-preservation.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-02 - Location of intermediate care facility for the developmentally disabled - Hazardous areas

Current through Supplement No. 393, July, 2024
1. Intermediate
				care facilities for the developmentally disabled shall be located at least
				three hundred feet [91.44 meters] from hazardous areas such as bulk fuel or
				chemical storage areas, anhydrous ammonia facilities, or other fire hazards or
				sources of noxious or odoriferous emissions.
2. Intermediate care facilities for the
				developmentally disabled may not be located in areas subject to adverse
				environmental conditions such as mud slides, harmful air pollution, smoke or
				dust, sewage hazards, rodent or vermin infestations, excessive noise,
				vibration, or vehicular traffic.
3. Intermediate care facilities for the
				developmentally disabled may not be located in an area within the one hundred
				year base flood elevations unless:
a. The
				facility is covered by flood insurance as required by
				42 U.S.C.
				4101; or
b. The finished lowest floor elevation is
				above the one hundred year base flood elevation and the facility is free from
				significant adverse effects of the velocity of moving water or by wave impact
				during the one hundred year flood.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-03 - Fire safety

Current through Supplement No. 393, July, 2024
1. Small
				intermediate care facilities for the developmentally disabled shall be located
				in areas served by a fire extinguishing organization approved by the state fire
				marshal.
2. Small intermediate
				care facilities for the ambulatory developmentally disabled shall comply with
				chapter 20 of the 1981 edition of the Life Safety Code. The use of chapter 20
				rather than chapter 12 is permitted by 42 CFR 442.508 when a physician or
				psychologist, who meets the definition of a qualified mental retardation
				professional under paragraph 42 CFR 442.401, certifies that each resident
				served will:
a. Be ambulatory;
b. Receive active treatment; and
c. Be capable of following directions and
				taking appropriate action for self-preservation under emergency conditions.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-04 - Water supply

Current through Supplement No. 393, July, 2024
1. Intermediate
				care facilities for the developmentally disabled shall be located in areas
				where public or private water supplies approved by the department are
				available. Approved public water supplies shall be used where available.
2. When a private water supply is
				utilized, water samples shall be submitted to the department and analyzed to
				determine bacteriological acceptability.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-05 - Sewage disposal

Current through Supplement No. 393, July, 2024
1. Intermediate
				care facilities for the developmentally disabled shall be located in areas
				where public or private sewage disposal systems approved by the department are
				available. Approved public sewage disposal systems shall be used where
				available.
2. Plans and
				specifications for proposed private sewage disposal systems or alteration to
				such systems must be approved by the department prior to their construction.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-06 - Physical plant

Current through Supplement No. 393, July, 2024
Buildings housing a small intermediate care facility for the
				  developmentally disabled shall:
1.
				Provide a design making:
a. The small
				intermediate care facility for the ambulatory developmentally disabled
				accessible to nonambulatory visitors and employees, with at least one bathroom
				accessible to and usable by such visitors and employees. When the facility is
				accessible and the bathroom provided, the balance of the handicapped standards
				may be waived by the department as provided for in 42 CFR 442.511. The waiver
				will be granted when only ambulatory developmentally disabled persons are
				served as listed under subsection 2 of section
				33-03-14-03.
b. The small intermediate care facility for
				the mobile nonambulatory, nonambulatory, and nonmobile developmentally disabled
				comply with North Dakota Century Code section 48-02-19.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-07 - Day service facility

Current through Supplement No. 393, July, 2024
Day service facilities providing services to eligible
				  developmentally disabled residents shall comply with the requirements of
				  chapter 10 of the 1981 edition of the Life Safety Code, whether the facilities
				  are constructed, reconstructed, or acquired.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-14 - Construction Standards for Small Intermediate Care Facilities for the Mentally Retarded › Section 33-03-14-08 - Variance

Current through Supplement No. 393, July, 2024
Upon written application, the department may grant a
				  variance from specific provisions of this chapter, except no variance may
				  permit or authorize a danger to the health or safety of residents or impede
				  their normalization process.
General Authority: NDCC 6-09.6-04
Law Implemented: NDCC
					 6-09.6-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-01 - General provisions

Current through Supplement No. 393, July, 2024
1. A new hospice
				program is subject to certificate of need review pursuant to North Dakota
				Century Code chapter 23-17.2.
2.
				The department must be notified in writing when a change of ownership,
				operation, location, or when discontinued or addition of a new service in a
				hospice program is contemplated.
3. The hospice program shall provide
				physician services, nursing services, medical social services, counseling
				services, bereavement services, volunteer services, home health aide and
				homemaker services, and short-term inpatient care. Two of these service must be
				provided directly. Direct services are those services provided by hospice
				program employees or volunteers. All other services may be provided through
				written contract or written agreement.
4. Nursing services and physician services
				shall be routinely available twenty-four hours a day seven days a week, as may
				be required in accordance with the hospice program service plan.
5. The home care component must be the
				primary form of care, and must be available on a part-time, intermittent,
				regularly scheduled basis, and on an on-call, around-the-clock basis according
				to patient and family needs.
6.
				Short-term general inpatient care must be provided only in licensed hospitals
				or licensed skilled nursing facilities. If feasible, inpatient care must
				closely approximate a homelike environment and provide overnight family
				visitation within the facility.
General Authority: NDCC 23-17.4, 28-32-02
Law Implemented: NDCC 23-17.4,
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-02 - Governing body and management

Current through Supplement No. 393, July, 2024
1. A
				hospice program must have a clearly defined, organized governing body that must
				assume full legal responsibility for the overall conduct and operation of the
				hospice program including quality of care and services.
2. The governing body shall adopt bylaws
				which include at least the following:
a. The
				purpose of the hospice program.
b.
				The powers and duties of the officers and committees of the governing body.
c. The qualifications, methods of
				selection, and terms of office of members and chairman of committees.
d. A mechanism for approval of the
				appointment to the medical staff, if applicable.
e. Specifications of the frequency of
				governing body meetings and attendance requirements.
f. A provision for the taking of sufficient
				minutes of its meetings to record the business conducted and for making them
				available to all members.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-03 - Physician services

Current through Supplement No. 393, July, 2024
1. Physician
				services must be provided by a physician licensed pursuant to North Dakota
				Century Code chapter 43-17 to meet the general needs of patients for management
				of the terminal illness and related conditions through palliative and
				supportive care and in accordance with hospice program policies.
2. The hospice program must have a medical
				director who is a physician licensed pursuant to North Dakota Century Code
				chapter 43-17.
3. The medical
				director has overall responsibility for medical policy in relation to the care
				and treatment of hospice program patients and their families provided by the
				hospice program care team.
4.
				Duties of the medical director include, but are not limited to:
a. Consulting and cooperating with the
				hospice program patient's attending physician.
b. Participating in the development of the
				hospice program service plan.
c.
				Serving as a liaison between the attending physician and the interdisciplinary
				team.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-04 - Nursing services

Current through Supplement No. 393, July, 2024
1. The hospice
				program must provide the services of a registered nurse, licensed pursuant to
				North Dakota Century Code chapter 43-12.1, to organize, supervise, and
				coordinate the palliative and supportive care for patients and families
				provided by the hospice program care team.
2. The nurse supervisor is responsible for
				the development, maintenance, and revision of nursing care policy and procedure
				manuals, written job descriptions for each level of personnel, methods of
				coordination of nursing service with other services, and shall recommend the
				number and levels of nursing personnel to be employed.
3. The nursing services supervisor shall
				designate a qualified registered nurse to act in the supervisor's absence.
4. Nursing services must be
				directed and staffed to assure the nursing needs of patients are met.
5. There must be staff development
				programs and educational opportunities for nursing personnel which include
				orientation and inservice education.
a. There
				must be documentation maintained of the staff development program which
				includes content of program, name of instructor, name of those in attendance,
				length of program, and date of presentation.
b. Records must validate that initial
				orientation, including appropriate training to the tasks which personnel are
				expected to perform, and continual training is evident.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-05 - Medical social services

Current through Supplement No. 393, July, 2024
1. Medical
				social services must be provided by a qualified social worker licensed under
				North Dakota Century Code chapter 43-41.
2. Policies and procedures pertaining to
				social services must be provided, approved, and reviewed annually.
3. Records of pertinent social data about
				personal and family problems medically related to the patient's illness and
				care and action taken to meet the patient and family needs must be maintained
				in the patient's medical record.
4. Social services must be provided in
				accordance with the plan of care. The social worker shall assist and work with
				the hospice program care team in identifying significant social and emotional
				factors related to care. The scope of social work services must include, as a
				minimum:
a. Assisting in preadmission and
				discharge planning.
b. Conducting
				an assessment to determine the emotional and social needs of the patient and
				family.
c. Counseling the patient
				and family on an individual and group basis.
d. Identifying, utilizing, and working to
				develop appropriate community resources.
e. Maintaining adequate records relating to
				social work services which must be included in the patient's medical record.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-06 - Counseling services

Current through Supplement No. 393, July, 2024
1. Spiritual
				counseling services must be available, upon request, to the patient and family.
				The hospice program may not impose the dictates of any value or belief system
				on hospice program patients or their families.
2. Dietary counseling services must be
				available to the patient and family, and must be provided by a dietitian
				licensed under North Dakota Century Code chapter 43-44.
3. Spiritual, dietary, and other counseling
				services provided must be documented in the patient and family record.
4. All counseling services must be
				provided in accordance with written policies and procedures governing the
				delivery and documenting of such services.
General Authority: NDCC 23-17.4, 28-32-02
Law Implemented: NDCC 23-17.4,
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-07 - Bereavement services

Current through Supplement No. 393, July, 2024
1. The hospice
				program must provide bereavement counseling and services to the patient's
				immediate family or primary caregiver. Bereavement services must be available
				for at least one year following the death of the patient.
2. Such services must be supervised by an
				individual qualified by training and experience for the development,
				implementation, and assessment of a hospice program service plan to meet the
				needs of the bereaved.
3. The
				individual supervising bereavement counseling may be a registered nurse,
				counselor, social worker, or other persons with documented evidence of training
				and experience in dealing with bereavement.
4. The hospice program must adopt written
				policies and procedures relating to this service.
General Authority: NDCC 23-17.4, 28-32-02
Law Implemented: NDCC 23-17.4,
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-08 - Volunteer services

Current through Supplement No. 393, July, 2024
1. The hospice
				program must provide for appropriate orientation and training that is
				consistent with acceptable standards of hospice program practice. There must be
				a written orientation checklist that identifies the tasks the individual is
				expected to perform. The training and orientation program must include, as a
				minimum:
a. Hospice program goals, services,
				and philosophy.
b. Confidentiality
				and protection of patient and family rights.
c. Family dynamics, coping mechanism, and
				psychological issues surrounding terminal illness, death, and bereavement.
d. Procedures to be followed in an
				emergency and following the death of a patient.
e. Guidance related specifically to
				individual responsibilities.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-09 - Home health aide services

Current through Supplement No. 393, July, 2024
1. The
				hospice program must provide homemaker and home health aide services as
				prescribed by the patient and family plan of care and consistent with policies
				of the hospice program.
2. The
				homemaker and home health aide may be assigned responsibilities and duties only
				after satisfactorily completing an organized education and training program
				consistent with and applicable to the hospice program.
3. The homemaker and home health aide shall
				provide care and other related services upon written instruction for patient
				care prepared by a registered nurse or therapist as appropriate. Duties of the
				home health aide include:
a. The performance
				of simple procedures as an extension of therapy services.
b. Personal care.
c. Ambulation and exercise.
d. Household services essential to health
				care at home.
e. Reporting changes
				in the patient's condition and needs.
f. Completing appropriate records.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-10 - Interdisciplinary team services

Current through Supplement No. 393, July, 2024
1. The
				hospice program must designate interdisciplinary groups composed of individuals
				who provide or supervise the care and services offered by the hospice program.
2. The following individuals must
				be members of the interdisciplinary group or hospice program care team:
a. Patient and family.
b. Physician including the medical director
				and attending physician.
c.
				Registered nurse.
d. Medical
				social worker.
e. Trained
				volunteers.
f. Providers of
				special services including a spiritual counselor, a registered pharmacist, a
				registered dietitian, or professional in the field of mental health may be
				included in the hospice care team as determined appropriate by the hospice
				program.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-11 - Admission criteria

Current through Supplement No. 393, July, 2024
1. Admission
				criteria must be clearly defined in the hospice program policies. Decisions
				regarding admission must be made by the hospice care team.
2. Admission to the hospice program must be
				by request of the patient. If the attending physician certifies that the
				patient is unable to request admission, a family member may request admission
				on the patient's behalf.
3. Any
				request to the hospice program must include written evidence of an informed
				consent signed by the person making the request. The informed consent must
				specify the type of care and services provided as part of hospice care and must
				be understandable to the person signing the consent.
4. If the hospice program requires a primary
				caregiver for each admission, this must be specified in the admission criteria
				and discussed with the patient and family during the patient's initial
				assessment.
5. A hospice program
				may not deny acceptance to any patient and family for services of the hospice
				on grounds of race, color, national origin, age, sex, religion, or ethnic
				affiliation.
6. At the time of
				admission to the hospice program, the hospice program must obtain documentation
				from the attending physician that the patient is terminally ill with an
				anticipated life expectancy of six months or less.
General Authority: NDCC 23-17.4, 28-32-02
Law Implemented: NDCC 23-17.4,
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-12 - Hospice service plan of care

Current through Supplement No. 393, July, 2024
1.
				After an initial assessment of patient and family needs, a written plan of care
				must be established by the hospice care team for each patient and family
				admitted to the hospice program.
a. At least
				a registered nurse or physician shall conduct an initial assessment of each
				patient and shall meet with one hospice care team member to develop the initial
				plan of care prior to admission.
b. Within seven days following admission of
				each patient and family, the hospice care team members shall meet to develop a
				comprehensive hospice service plan of care.
c. The hospice service plan of care must be
				developed with the participation of the patient and family and may include only
				those services which are acceptable to the patient and family. The family must
				be involved whenever possible in the implementation and continuous assessment
				of the hospice service plan of care.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-13 - Medical records

Current through Supplement No. 393, July, 2024
1. The hospice
				program must keep accurate, current, and confidential records of all hospice
				patients and their families. The hospice program must safeguard the medical
				record against loss, destruction, and unauthorized use. Overall responsibility
				for medical records must be assigned to an employee of the hospice program.
2. The medical record must be
				complete, and documented promptly, accurately, and legibly.
3. Each medical record must contain
				sufficient information on all services provided, whether furnished directly or
				under arrangement by the hospice program, and entries must be signed with the
				legally acceptable signature by the person making the entry. Each patient and
				family medical record must contain, but is not limited to, the following:
a. Complete identification of each patient,
				including information on the patient's next of kin and responsible person or
				agency.
b. The initial and
				subsequent assessments by each discipline involved with the patient and family.
c. A medical history obtained
				prior to the development of a hospice care plan.
d. A current hospice care team plan.
e. Complete documentation of all
				home visits and services rendered if the service is provided directly.
f. If home care is not provided
				directly, provision must be made for the hospice program to obtain, as a
				minimum, a summary of services provided that reflect pertinent information
				relevant to the patient's and family's care.
g. Consent and authorization forms.
h. Patient diagnosis and prognosis
				certified by the attending physician.
i. Legible therapeutic orders authenticated
				by the attending physician. Action must be initiated by the hospice program to
				obtain the physician's signature for verbal orders within forty-eight hours.
j. At the time of discharge or
				transfer, the hospice must provide those responsible for the patient's care
				with an appropriate summary of information, including the hospice service plan,
				about the patient to ensure the optimal continuity of care.
k. Bereavement care plan and progress notes
				including bereavement assessment and followup.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-14 - Patient and family rights

Current through Supplement No. 393, July, 2024
1. Each
				hospice program must develop, adopt, implement, and make available for public
				review a statement of the rights and responsibilities of hospice patients and
				members of the hospice patient's family. This statement must be provided to the
				patient or family member designated by the patient, as evidenced by written
				acknowledgment, prior to or at the time of admission to the hospice program.
				The statement must include, but is not limited to, provisions assuring each
				patient and family the following minimum rights:
a. The right to be clearly informed of the
				responsibilities of the hospice program for care of the patient and family,
				including services to be provided.
b. The right to be fully informed, at the
				time of admission, of the materials and equipment available to the patient and
				family, any existing prepayment, refund and sliding scale fee policies,
				estimated cost, and of patient and family financial responsibility.
c. The right to participate in the
				development of the hospice service plan.
d. The right to be informed by a physician of
				the patient's medical condition.
e. The right to privacy in treatment and in
				caring for personal needs, and confidentiality in the treatment of personal and
				medical records.
f. The right to
				be treated courteously, fairly, and with the fullest measure of dignity.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-15 - Quality assurance

Current through Supplement No. 393, July, 2024
Each hospice program must conduct a comprehensive
				  self-assessment of the quality and appropriateness of care provided to the
				  patient and family in the home and inpatient services.
1. The governing body shall delegate in
				writing responsibilities for implementation and maintenance of a planned
				process for reviewing and evaluating the appropriateness of patient and family
				care, as well as resolving identified problems.
2. The goals, objectives, methods for
				implementation, and responsibilities for monitoring and evaluating for
				effectiveness and efficiency of patient and family care must be specified in a
				written quality assurance plan which is reevaluated at least annually.
3. The hospice program, through
				the quality assurance program, must implement and report on activities and
				mechanisms for monitoring the quality of patient care, identify and resolve
				problems, and suggest improvements in patient care.
4. There must be documentation relating to
				the findings from and conclusions of the monitoring, evaluating, and problem
				solving activities, and the actions taken to resolve problems and improve
				patient and family services as defined in the quality assurance plan.
General Authority: NDCC 23-17.4, 28-32-02
Law Implemented: NDCC 23-17.4,
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-15 - Hospice Programs › Section 33-03-15-16 - Utilization review

Current through Supplement No. 393, July, 2024
1. The hospice
				program must appoint a utilization review committee whose responsibilities are
				to provide an ongoing evaluation and review of the hospice program and to make
				recommendations to the administrator who shall report findings and
				recommendations to the governing body on a timely basis. The committee shall
				meet at least semiannually and provide the administrator with dated, signed
				minutes of the meetings.
2. There
				must be a written utilization review plan describing the process used to
				monitor the utilization of the hospice program service and to resolve
				identified problems.
3. There must
				be evidence that the plan is reviewed at least annually and revised as
				necessary.
4. The utilization
				review committee shall conduct regular, ongoing utilization review to include,
				but not be limited to, a random sample and defined number of hospice medical
				records to determine at least the following:
a. The appropriateness of admission to the
				hospice program.
b. Continued stay
				longer than six months.
c. If the
				hospice program service plan was directly related to the identified physical
				and social needs of the patient and family.
d. If the service, medication, and treatment
				prescribed were in accordance with the current hospice service plan.
e. If the hospice program of care
				appropriately utilized inpatient hospice care on a short-term basis only, and
				maintained itself primarily as a home care program.