reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.3 - Employees With Significant Contagious Diseases › Section 33-06-05.3-01 - Standards for employment

Current through Supplement No. 393, July, 2024
No employee or potential employee may be terminated or
				  prevented from becoming employed at the institution solely because they have or
				  they are perceived to have a significant contagious disease. If the employee is
				  well enough to perform their job and does not constitute a public health threat
				  to others, as determined by a personal physician, the employee must be
				  permitted to perform the duties.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 14-02.4, 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.3 - Employees With Significant Contagious Diseases › Section 33-06-05.3-02 - Confidentiality

Current through Supplement No. 393, July, 2024
Unless disclosed by the affected person, or their personal
				  physician, no disclosure of an affected individual's condition may be made. In
				  order to eliminate discrimination, the local governing body should develop
				  policies concerning the comprehensive application of universal precautions
				  throughout the institution.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.3 - Employees With Significant Contagious Diseases › Section 33-06-05.3-03 - Reasonable accommodations

Current through Supplement No. 393, July, 2024
The institution shall consider and implement reasonable
				  accommodations to allow the affected individual to become an employee or
				  continue as an employee.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 14-02.4;
					 29 USC
					 794
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.4 - Treatment of Independent Contractors With Significant Contagious Diseases › Section 33-06-05.4-01 - Standards of contracting for independent contractors

Current through Supplement No. 393, July, 2024
No independent contractor may be terminated or prohibited
				  from contracting with the institution solely because they have or they are
				  perceived to have a significant contagious disease. If the independent
				  contractor is capable of performing the work, or reasonable accommodations can
				  be made to allow the independent contractor to perform the work, and the
				  independent contractor does not constitute a public health threat to others, as
				  determined by a personal physician, the independent contractor must be
				  permitted to contract with the institution.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.4 - Treatment of Independent Contractors With Significant Contagious Diseases › Section 33-06-05.4-02 - Confidentiality

Current through Supplement No. 393, July, 2024
Unless disclosed by the affected person, or their personal
				  physician, no individual may be informed of an affected individual's infection.
				  In order to eliminate discrimination, the local governing body should develop
				  policies concerning the comprehensive application of universal precautions
				  throughout the institution.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.4 - Treatment of Independent Contractors With Significant Contagious Diseases › Section 33-06-05.4-03 - Reasonable accommodations

Current through Supplement No. 393, July, 2024
The institution shall consider and implement reasonable
				  accommodations to allow the affected individual to contract as an independent
				  contractor or to continue an existing contract as an independent contractor.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.5 - Relations With the Public › Section 33-06-05.5-01 - Dissemination of information

Current through Supplement No. 393, July, 2024
Except as required by law, information concerning the
				  identity and status of an affected individual may not be released to the
				  public. No release may be made of any information either confirming or denying
				  the presence within the institution setting of a person who has contracted a
				  significant contagious disease.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.5 - Relations With the Public › Section 33-06-05.5-02 - Procedure for addressing public knowledge of affected individuals at an institution

Current through Supplement No. 393, July, 2024
The institution shall develop a procedure for addressing
				  situations when information concerning an affected individual becomes public.
				  The procedure adopted under this section must include the identification of a
				  single spokesperson for the institution, a means of protecting against possible
				  breeches of confidentiality, and a plan for conflict resolution which may
				  include a request for assistance from an appropriate consultant.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.6 - Education › Section 33-06-05.6-01 - Education concerning significant contagious diseases required

Current through Supplement No. 393, July, 2024
Each institution shall adopt and implement a policy
				  requiring the education of all students, employees, and independent
				  contractors. The policy adopted must include information concerning the means
				  of transmission of significant contagious diseases in an institutional setting,
				  the means of protecting against contracting the disease in an institutional
				  setting, and the use of universal precautions.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-07 - Laboratory Specimens for Carriers of Disease › Section 33-06-07-01 - Specimens to be submitted

Current through Supplement No. 393, July, 2024
Any person suspected of being a carrier of disease that may
				  be spread through the person's bodily excretions or discharges or in any other
				  way shall on request of any health officer of North Dakota submit to the state
				  department of health specimens of such bodily excretions or discharges in the
				  manner and amount, at such intervals, and under such supervision as prescribed
				  by the state health officer.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-08 - Isolation Requirements › Section 33-06-08-01 - Use of isolation requirements

Current through Supplement No. 393, July, 2024
1.
Exposure in an infectious state.
The health officer or an
				attending physician of a person with communicable disease may, in the officer's
				or physician's judgment, forbid the person with the case in an infectious state
				from exposing other noninfected individuals to the person's infection.
2.
Measures on the control.
The health officer or an attending physician of a person with a
				communicable disease may require restrictive or corrective measures which apply
				to the control of a specific disease.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-07-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-09 - Common Carriers Federal Regulation Adopted and Shipment of Birds of the Psittacine Family › Section 33-06-09-01 - Common carriers federal regulation adopted

Current through Supplement No. 393, July, 2024
All common carriers operating in North Dakota, whether
				  engaged in the interstate business or intrastate business or both, shall comply
				  with the regulations of the United States public health service made and
				  promulgated for the control of common carriers engaged in interstate business,
				  and the regulations made by the United States public health service are hereby
				  declared to be a part of this chapter of the state department of health of
				  North Dakota.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-09 - Common Carriers Federal Regulation Adopted and Shipment of Birds of the Psittacine Family › Section 33-06-09-02 - Importation of parrots, parakeets, and other birds of the psittacine family

Current through Supplement No. 393, July, 2024
Shipment of parrots, parakeets, and other birds of the
				  psittacine family shall comply with all federal interstate regulations.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-10 - Disinfection › Section 33-06-10-01 - Disinfection, fumigation, and renovation

Current through Supplement No. 393, July, 2024
1.
Definition.
"Disinfection" means killing of infectious agents
				outside the body by chemical germicides, or boiling water.
2.
Disinfection.
Disinfection
				should be applied immediately after the discharge of infectious material from
				the body of an infected person or after the soiling of articles with such
				infectious discharges; all personal contacts with such discharges or articles
				should be prevented prior to disinfection to the extent possible.
3.
Disinfection of school buildings.
Whenever any pupil, janitor, or teacher in any public, private or
				parochial school is afflicted with any infectious or contagious disease for
				which disinfection is required, the local health officer shall have the
				authority to require disinfection of the school or school rooms, if in the
				local health officer's medical opinion this would prevent the further spread of
				the disease.
4.
Fumigation.
Fumigation is not an effective means of disinfection and is not
				recommended except where the destruction of insects, mosquitoes, body lice, and
				rodents, such as rats, is accomplished by the employment of gaseous agents.
5.
Renovation.
When
				in the judgment of the health officer the circumstances and conditions of the
				premises or the nature of the disease seem to warrant it, a thorough renovation
				shall be required in addition to disinfection.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-07-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-15 - Preparation of Bodies and Transportation › Section 33-06-15-01 - Preparation of bodies with certain communicable diseases and transportation of the dead

Current through Supplement No. 393, July, 2024
1.
Communicable diseases.
The following requirements shall be met by
				funeral directors for bodies dead from these contagious or infectious diseases
				- anthrax, cholera, meningococcus meningitis, plague, smallpox, and
				tuberculosis:
a. Only a licensed funeral
				practitioner or an intern embalmer who is closely supervised by a licensed
				funeral practitioner shall accept and prepare the body.
b. In the preparation of the body,
				appropriate outer garments and rubber gloves shall be worn.
c. The body shall be thoroughly embalmed with
				an approved disinfecting fluid by arterial and cavity injection, all orifices
				and any discharging sinuses closed with absorbent cotton, and the body washed
				with an appropriate disinfecting fluid.
No embalming fluid containing compounds of arsenic, mercury,
				  zinc, or other highly poisonous metals shall be sold or used in North Dakota
				  for the embalming of dead human bodies for burial.
d. Following the preparation, the instruments
				shall be sterilized by boiling or placing in an antiseptic solution, and the
				hands shall be washed with soap and water.
e. Without delay, the body shall receive the
				finishing preparation, placed in a casket, and the casket permanently closed.
				The casket may be provided with transparent material of sufficient dimensions
				to disclose the face.
f. Bodies
				prepared as herein stated may be accepted for transportation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-16 - Newborn Screening Program › Section 33-06-16-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Care coordination" means services that
				promote the effective and efficient organization and utilization of resources
				to assure access to necessary comprehensive services for children with special
				health care needs and their families.
2. "Licensed clinician" means a currently
				licensed physician, physician assistant, or advanced practice registered
				nurse.
3. "Metabolic disease" and
				"genetic disease" mean a disease as designated by rule of the state health
				council for which early identification and timely intervention will lead to a
				significant reduction in mortality, morbidity, and associated
				disabilities.
4. "Metabolic
				disorders clinic team" means medical providers and other professionals that
				provide comprehensive pediatric evaluations and coordinated care
				recommendations using a team approach to help effectively manage care for
				individuals with metabolic disorders.
5. "Newborn screening program" means the
				North Dakota screening program in the state department of health facilitating
				access to appropriate testing, followup, diagnosis, intervention, management,
				evaluation, and education regarding metabolic diseases and genetic diseases
				identified in newborns.
6.
				"Protected health information" means any information, including genetic
				information, demographic information, and fluid or tissue samples collected
				from an individual, diagnostic and test results, whether oral or recorded in
				any form or medium, which:
a. Is created or
				received by a health care provider, health researcher, health plan, health
				oversight authority, public health authority, employer, health or life insurer,
				school or university; and
b.
(1) Relates to the past, present, or future,
				physical or health or condition of an individual, including individual cells
				and their components; the provision of health care to an individual, or the
				past, present, or future payment for the provision of health care to an
				individual; and
(2)
(a) Identifies an individual; or
(b) With respect to which there is a
				reasonable basis to believe that the information can be used to identify an
				individual.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-16 - Newborn Screening Program › Section 33-06-16-02

Current through Supplement No. 393, July, 2024
General Authority: NDCC 23-01-03(3), 23-01-03.1, 23-01-04,
					 23-01-15, 25-17-01, 25-17-02
Law Implemented: NDCC 23-01-03.1, 25-17-01(3), 25-17-02,
					 25-17-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-16 - Newborn Screening Program › Section 33-06-16-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC 23-01-03(3), 23-01-03.1, 23-01-04,
					 23-01-15, 25-17-01, 25-17-02
Law Implemented: NDCC 23-01-03.1, 25-17-01(3), 25-17-02,
					 25-17-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-16 - Newborn Screening Program › Section 33-06-16-04 - Refusal of testing

Current through Supplement No. 393, July, 2024
1. If the parents
				or guardians refuse to have their infant receive newborn screening testing as
				authorized by North Dakota Century Code section 25-17-04, that refusal shall be
				documented by a written statement signed by the parents or guardians.
2. The original refusal statement
				shall become a part of the infant's medical record and a copy of the statement
				must be submitted to the program within six days after testing was refused.
General Authority: NDCC 23-01-03(3), 23-01-03.1, 23-01-04,
					 23-01-15, 25-17-01, 25-17-02
Law Implemented: NDCC 23-01-03.1, 25-17-01(3), 25-17-02,
					 25-17-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-16 - Newborn Screening Program › Section 33-06-16-05 - Research and testing materials

Current through Supplement No. 393, July, 2024
Information and testing materials received or generated by
				  the newborn screening program under North Dakota Century Code chapter 25-17 are
				  confidential except as provided by law or regulation.
1. Access to information or testing materials
				may be obtained only as follows:
a.
				Information may be disclosed for statistical purposes in a manner such that no
				individual person can be identified.
b. Information may be disclosed to the
				individual tested, that person's parent or guardian, or that person's licensed
				clinician, responsible clinician, dietitian, metabolic disorders clinic team,
				screening laboratory, other employees and contractors of the department will
				need for the information, or to children's special health services within the
				state department of health for purposes of care coordination and provision of
				medical and low-protein modified foods.
c. Information and testing materials may be
				disclosed to a person engaged in a research project concerning medical,
				psychological, or sociological issues provided all of the following conditions
				are met:
(1) Written authorization from the
				parent or guardian must be obtained by the researcher for the information or
				testing materials requested.
(2)
				The research project must be sponsored by a public or private college or
				university; a governmental entity; a nonprofit medical, sociological, or
				psychological association; or the pharmaceutical industry.
(3) The research project must be reviewed and
				approved pursuant to policies and procedures pertaining to research utilizing
				human subjects by the institutional review board or equivalent panel of the
				institution or entity where the research is being done or which is sponsoring
				the research.
(4) Protected health
				information may not appear in any report, summation, thesis, or other document
				arising out of the research project.
(5) Protected health information may not be
				provided to a person engaged in a research project until that person has
				submitted a written proposal explaining and justifying the need to examine such
				information.
(6) The researcher
				shall agree in writing to pay all costs of the department incurred in providing
				access to testing materials or other information, including copy or research
				services.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-01 - General provisions - Definitions

Current through Supplement No. 393, July, 2024
1.
				Institutions covered by medical hospital licensure laws. The following types of
				institutions are covered by North Dakota Century Code chapter 23-16 for the
				purpose of rules and are deemed to come within the provisions of North Dakota
				Century Code section 23-16-01 which provides for licensure of any institution
				that maintains and operates organized facilities for the diagnosis, treatment,
				or care of two or more nonrelated individuals suffering from illness, injury,
				or deformity or where obstetrical or other care is rendered over a period
				exceeding twenty-four hours:
a. General acute,
				primary care, and specialized hospitals, including rehabilitation, psychiatric,
				and outpatient birth hospitals.
b.
				Skilled nursing facilities and nursing facilities.
c. Outpatient facilities, including surgical
				centers and trauma centers, excluding physicians' clinics.
d. Maternity homes that receive more than one
				patient in six months.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-02 - Issuance of license

Current through Supplement No. 393, July, 2024
The department shall issue licenses and a separate license
				  for building on separate premises to hospitals that meet the licensing
				  requirements. The license must reflect the annual or provisional status of the
				  hospital. The license applies only to the hospital designated on the
				  license.
1. The department shall issue
				an annual license to a hospital when that hospital is in full compliance with
				the provisions of these licensing requirements, as determined by periodic
				onsite surveys conducted by the department, submission of the survey reports
				and other information from the accrediting agency, or both. Each license is
				valid only in the hands of the entity to whom it is issued and is not subject
				to sale, assignment, or other transfer, voluntary or involuntary, nor is a
				license valid for any premises other than those for which originally
				issued.
2. The department may issue
				a provisional license, valid for a specified period of time not to exceed
				ninety days, when there are numerous deficiencies or a serious specific
				deficiency in relationship to compliance with these licensing requirements.
a. A provisional license may be renewed at
				the discretion of the department provided the licensee demonstrates to the
				department that it has made substantial progress towards compliance and can
				effect compliance within the next ninety days. A provisional license may be
				renewed no more than twice.
b.
				Whenever any hospital that has been out of compliance, as determined by the
				department, notifies the department that it has completed a plan of correction
				and corrected its deficiencies, the department will review the plan and may
				conduct an onsite survey to ascertain completion of the plan of correction.
				Upon finding compliance, the department may issue an annual license.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-03 - Waiver provision

Current through Supplement No. 393, July, 2024
Rules adopted under North Dakota Century Code chapter 23-16
				  may be waived by the department for a specified period in specific instances,
				  provided such a waiver does not adversely affect the health and safety of the
				  patients and if compliance with the requirement would result in unreasonable
				  hardship upon the hospital.
General Authority: NDCC 23-01-03(3), 28-32-02
Law Implemented: NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-04 - Access by the department

Current through Supplement No. 393, July, 2024
Upon presenting identification to the hospital's chief
				  executive officer or designee, authorized agents of the department shall have
				  access to the hospital to determine compliance with licensure requirements.
				  Such access includes:
1. Entry to all
				hospital premises.
2. Inspection
				and examination of all of the hospital's records and documents as required by
				this chapter.
3. Interviewing of
				any hospital staff, medical staff, or members of the governing body with their
				consent.
4. Examination of any
				patient and interview of any patient or the individual with legal authority to
				act on behalf of the patient if this individual is available at the facility at
				the time of the visit, with their consent.
General Authority:
NDCC 23-01-03(3),
					 28-32-02
Law Implemented:
NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-05 - Continuing surveillance

Current through Supplement No. 393, July, 2024
At any time, the department may evaluate a hospital's
				  compliance with these licensure requirements through an announced or
				  unannounced onsite review scheduled at the discretion of the department.
General Authority: NDCC 23-01-03(3), 28-32-02
Law Implemented: NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-06 - Hospitals accredited by nationally recognized accrediting agencies

Current through Supplement No. 393, July, 2024
1. A hospital may request that the department
				consider it in compliance with this chapter if it is in compliance with the
				standards of a nationally recognized accrediting agency.
2. Hospitals requesting to be licensed
				through an accrediting agency shall initially submit to the department a copy
				of the entire accrediting agency survey report. Subsequent accreditation survey
				or revisit documentation must be submitted prior to licensure renewal. If an
				accreditation survey or revisit has not occurred since the prior licensure
				renewal, the hospital shall include notice of prior submission of required
				accreditation information at the time of annual licensure renewal.
3. Hospitals requesting licensure in
				accordance with national accreditation status shall comply with all
				requirements of this section. Licensure requirements not covered by the
				standard survey of an accrediting agency may be monitored by the department.
4. Hospitals that receive a denial
				of accreditation from the accrediting agency are subject to an onsite survey by
				the department to determine compliance with the licensure requirements.
5. For hospitals that choose not
				to apply for a license through the accrediting procedure even though qualified
				to do so under this section, an onsite survey will be conducted by the
				department to determine compliance with the licensure requirements.
6. For those portions of the accrediting
				agency survey report which the department accepts, the hospital will be
				considered to be in compliance with the corresponding licensure requirements.
General Authority: NDCC 23-01-03(3), 28-32-02
Law Implemented: NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-07 - Plans of correction

Current through Supplement No. 393, July, 2024
1. Hospitals
				shall submit to the department plans of correction addressing the areas of
				noncompliance with the licensure requirements in this chapter.
2. Plans of correction are required within
				ten calendar days of receipt of the deficiency statement and are subject to
				acceptance, acceptance with revisions, or rejection by the department.
3. The department may require a
				directed plan of correction. A directed plan of correction is a plan of
				correction, submitted by a hospital in response to cited deficiencies, which
				has been developed in coordination with the department and has been accepted by
				the department.
4. Plans of
				correction must be completed within sixty days of the survey completion date,
				unless an alternative schedule of correction has been approved by the
				department.
General Authority: NDCC 23-01-03(3), 28-32-02
Law Implemented: NDCC
					 23-15-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-08 - Enforcement

Current through Supplement No. 393, July, 2024
1. Hospitals are subject to one or more
				enforcement actions, which may include a ban or limitation on admissions,
				suspension or revocation of a license, or a denial to license for the following
				reasons:
a. Noncompliance to the licensure
				requirements in this chapter have been identified which:
(1) Present imminent danger to
				patients;
(2) Have a direct or
				immediate relationship to the health, safety, or security of the hospital's
				patients;
(3) If left uncorrected,
				have a potential for jeopardizing patient health or safety if left uncorrected;
				or
(4) Is a recurrence of the same
				or substantially same violation in a twenty-four-month period.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-10 - Physical environment

Current through Supplement No. 393, July, 2024
1. The
				general acute hospital must be constructed, arranged, and maintained to ensure
				the safety and well-being of the patients and must provide facilities for
				diagnosis and treatment and for special services appropriate to the hospital.
a. The physical plant must comply with the
				construction standards of chapter 33-07-02.1.
b. In addition to the construction standards,
				all hospitals shall provide an environment that appropriately responds to the
				physical, functional, and psychosocial needs of the patients. The hospital
				shall provide adequate space, lighting levels, ventilation, and safety measures
				consistent with the services being offered and the patients being served.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-11 - Fire control

Current through Supplement No. 393, July, 2024
1. General acute
				hospitals shall comply with the fire code standards. This compliance is subject
				to review and approval by the state fire marshal's office.
2. Primary care hospitals are subject to the
				fire control requirements for general acute hospitals in this section.
3. Specialized hospitals are
				subject to the fire control requirements for general acute hospitals in this
				section.
General Authority: NDCC 23-01-03(3), 28-32-02
Law Implemented: NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-12 - Disaster plan

Current through Supplement No. 393, July, 2024
1. The general
				acute hospital shall have a written procedure to be followed in case of fire,
				explosion, or other emergency. It shall specify individuals to be notified,
				locations of alarm signals and extinguishers, evacuation routes, procedures for
				evacuating helpless patients, frequency of fire drills at not less than four
				fire drills per year per shift, and assignment of specific tasks and
				responsibilities to the personnel of each shift. The plan should be developed
				with the assistance of qualified fire and safety experts.
2. Primary care hospitals are subject to the
				disaster plan requirements for general acute hospitals in this
				section.
3. Specialized hospitals
				are subject to the disaster plan requirements for general acute hospitals in
				this section.
General Authority:
NDCC 23-01-03(3),
					 28-32-02
Law Implemented:
NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-13 - Quality improvement

Current through Supplement No. 393, July, 2024
The hospital shall have an ongoing, facilitywide, written
				  quality improvement program and risk management program approved by the
				  governing body with implementation plans that evaluate and improve the quality
				  of patient care, governance, and managerial and support activities.
1. The general acute hospital shall develop
				and implement a quality improvement program for assessing and improving quality
				which describes objectives, organization, scope, and mechanisms for overseeing
				the effectiveness of monitoring, evaluation, and improvement activities.
a. The quality improvement program must
				include a written plan for all services including indicators of care which are
				important to the health and safety of the patients.
b. The indicators of the written quality
				improvement plan must relate to the quality of care and must be objective,
				measurable, and based on current knowledge and clinical experience.
c. Written documentation of the quality
				improvement activities and risk management activities must be prepared and
				reported through established channels to the governing body at least four times
				a year.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-14 - Infection control

Current through Supplement No. 393, July, 2024
The hospital shall have a hospitalwide program for the
				  surveillance, prevention, and control of infections consistent with the
				  occupational safety and health administration and centers for disease control
				  standards regulations specific to infection control.
1. The general acute hospital shall establish
				and implement an infection control program that is responsible for the
				infection surveillance, prevention, and control in the hospital.
a. The responsibilities of the program
				include:
(1) The establishment of a written
				infection control plan that includes the use of aseptic techniques, universal
				precautions, and appropriate procedures for each department or
				service.
(2) The establishment of
				policies and procedures for reporting, surveillance, monitoring, and
				documentation of infections and the development and implementation of systems
				used to collect and analyze data and activities to prevent and control
				infections.
(3) Ensuring the
				assignment of the responsibility for the management of infection surveillance,
				prevention, and control to a qualified individual or individuals.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-16 - Nursing services

Current through Supplement No. 393, July, 2024
1. The general
				acute hospital shall have a plan of administrative authority with delineation
				of responsibilities and duties for nursing personnel, including written job
				descriptions.
a. Nursing services must be
				under the direction of a nurse executive (director of nursing) who is a
				registered nurse licensed to practice in North Dakota. The nurse executive must
				have written administrative authority, responsibility, and accountability for
				the integration and coordination of nursing services consistent with the
				overall hospital plan and philosophy of patient care. The nurse executive shall
				retain overall responsibility for:
(1)
				Development, maintenance, and periodic review of a nursing service philosophy,
				objectives, standards of practice, policies and procedures, and job
				descriptions for each level of nursing service personnel.
(2) Whenever the nurse executive is not
				available in person or by phone, the nurse executive shall designate in writing
				a specific registered nurse to be available in person or by phone to direct
				nursing services.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-17 - Patient care plan

Current through Supplement No. 393, July, 2024
1. The general
				acute hospital shall ensure that a patient care plan is developed for each
				patient in coordination with the patient and appropriate health care personnel
				consistent with the licensed health care practitioner's orders.
a. Initial assessment must begin upon
				admission and the patient care plan must be developed and implemented
				consistent with patient needs. The initial written patient care plan must be
				completed within twenty-four hours of admission and updated as needed.
(1) Patient care plans must be kept current.
				Plans must address patient needs, including the methods and approaches to be
				implemented and modifications necessary to ensure that the patient attains or
				maintains the highest practicable level of functioning.
(2) Patient care plan goals must be
				identified, measurable, and made known to all appropriate personnel.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-18 - Education programs

Current through Supplement No. 393, July, 2024
1. The general
				acute hospital shall design, implement, and document educational programs to
				orient new employees and to keep all staff current on new and expanding
				programs, techniques, equipment, and concepts of quality care. The following
				topics must be covered annually:
a. Infection
				control measures, including blood-borne pathogens.
b. Safety and emergency procedures, including
				procedures for fire and other disasters.
c. Procedures for life-threatening
				situations, including cardiopulmonary resuscitation and the lifesaving
				techniques for choking victims.
d.
				Patient rights.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-20 - Medical records services

Current through Supplement No. 393, July, 2024
1. The
				general acute hospital shall establish and implement procedures to ensure that
				the hospital has a medical records service with administrative responsibility
				for medical records.
a. A medical record must
				be maintained and kept confidential, in accordance with accepted medical record
				principles, for every patient admitted for care in the hospital.
(1) Only authorized personnel may have access
				to the record.
(2) Written consent
				of the patient must be presented as authority for release of medical
				information.
(3) Medical records
				may not be removed from the hospital environment except upon subpoena or court
				order.
(4) If a hospital
				discontinues operation, it shall make known to the department where its records
				are stored. Records are to be stored in a facility offering retrieval services
				for at least ten years after the closure date. Prior to destruction, public
				notice must be made to permit former patients or their representatives to claim
				their own records. Public notice must be in at least two forms, legal notice
				and display advertisement in a newspaper of general circulation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-21 - Pharmaceutical services

Current through Supplement No. 393, July, 2024
1. General acute
				hospitals shall provide pharmaceutical services consistent with chapter
				61-07-01. The hospital, upon receipt, shall submit to the department a copy of
				the annual board of pharmacy hospital inspection report under subsection 2 of
				section 61-07-01-13 and plans of
				correction to the department.
2.
				Primary care hospitals are subject to the pharmaceutical services requirements
				for general acute hospitals in this section.
3. Specialized hospitals are subject to the
				pharmaceutical services requirements for general acute hospitals in this
				section.
General Authority: NDCC 23-01-03(3), 28-32-02
Law Implemented: NDCC
					 23-16-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-23 - Radiology services

Current through Supplement No. 393, July, 2024
1. The general
				acute hospital shall provide and maintain radiology services sufficient to
				perform and interpret the radiological examinations necessary for the diagnosis
				and treatment of patients, to the extent that the complexity of services are
				commensurate with the size, scope, and nature of the hospital. Additional
				required services must be provided by shared services or referral of patients.
a. The physician responsible for the
				direction and supervision of radiology services must be board certified or
				eligible for certification by the American board of radiology or equivalent.
				The physician responsible for radiology services must be a member of the
				medical staff. This individual's responsibilities must be identified in the
				policy and procedure manual or other document.
b. Technicians and technologists employed in
				the radiology services must have had sufficient training and experience to
				carry out the procedures safely and efficiently commensurate with the size,
				scope, and nature of the service. A means for evaluating qualifications must be
				established and used. The physician responsible for radiology services shall
				document as to the acceptability of the qualifications specific to each
				radiology technician or technologist.
c. The hospital shall provide for emergency
				radiology services at all times.
d.
				Complete signed reports of the radiological examinations must be made part of
				the patient's record and duplicate copies, as well as the images, must be kept
				in the hospital for a period of five years.
e. Written reports of each radiological
				interpretation, consultation, and treatment must be signed by the physician
				responsible for conducting the radiological examination and must be a part of
				the patient's medical record.
f.
				Radiation workers must be checked by film dosimeter to determine the amount of
				radiation to which they are routinely exposed. Records must be maintained to
				reflect each individual's exposure level. These checks must be conducted on a
				monthly basis until the radiation exposure history for the radiation worker
				indicates levels below maximum permissible dose for a period of one year. When
				radiation dose levels have remained below the maximum permissible dose for a
				year, radiation doses may be monitored on a quarterly basis as long as the
				exposure remains below the maximum permissible dose.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-24 - Nuclear medicine services

Current through Supplement No. 393, July, 2024
1. If the
				acute hospital provides nuclear medicine services, the services must be
				provided to meet the needs of the patients and in a safe and effective manner.
a. The hospital shall have available written
				verification of compliance with article 33-10.
b. The hospital shall have evidence of
				licensure to handle radioactive materials.
c. The physician responsible for the
				direction of the nuclear medicine services must be a physician who is qualified
				to provide nuclear medicine services and who is a member of the medical staff.
d. Nuclear medicine services may
				be ordered only by a licensed health care practitioner whose qualifications and
				medical staff privileges allow such referrals.
e. Personnel employed in nuclear medicine
				services must meet the qualification and training requirements, perform the
				functions, and carry out the responsibilities specified by the director and
				approved by the medical staff.
f.
				The diagnostic procedures must be interpreted by a licensed health care
				practitioner who has been approved by the medical staff to do so. The licensed
				health care practitioner shall document, sign, and date reports of procedures,
				interpretations of procedures, and consultations.
g. The hospital shall retain copies of
				nuclear medicine reports consistent with current standards of practice.
h. The nuclear medicine services
				shall develop and implement policies in accordance with standards of practice
				specific for the services provided, and consistent with 61-05-01, including:
(1) Handling, maintenance, and inspection of
				equipment.
(2) Protection of
				patients and personnel from radiation hazards.
(3) Testing of equipment for radiation
				hazards.
(4) Maintenance of
				personnel radiation monitoring devices.
(5) Preparation and administration of
				radio-pharmaceutical.
(6)
				Documentation of receipt, storage, use, and disposal of radioactive materials.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-25 - Emergency services

Current through Supplement No. 393, July, 2024
1. Each general
				acute hospital shall provide emergency services to its inpatients. If the
				hospital does not provide emergency services to the public, it shall be
				prepared to provide immediate lifesaving measures to individuals who may appear
				for emergency care and arrange for their transfer to another hospital that does
				provide a public emergency service.
a. Each
				hospital shall have a well-defined plan for emergency care service based on the
				capability of the hospital and its specialized supportive services.
(1) The hospital plan for emergency care
				services must be developed to coordinate with representatives of community
				emergency medical services agencies or groups.
(2) Hospitals without emergency service for
				the public shall have written policies and procedures governing the handling of
				emergencies.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-01.1 - Hospitals › Section 33-07-01.1-26 - Social services

Current through Supplement No. 393, July, 2024
1. Social services
				must be provided in all general acute hospitals by a qualified social worker or
				a social services designee to meet the needs of the patients. Hospitals
				utilizing social services designees must have quarterly consultation by a
				qualified social worker.
a. Records of social
				service activity related to individual patient's needs must be kept, and must
				be available to the professional personnel concerned. Functions and activities
				recorded must include, as appropriate:
(1)
				Assessment, planning, implementation, and evaluation of psychosocial and
				rehabilitation needs of patients.
(2) Evaluation of financial status of
				patients.
(3) Referrals to
				community agencies.