reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-12 - Care of Tubercular Persons › Chapter 33-12-01 - Tuberculosis › Section 33-12-01-05 - Drugs and medication

Current through Supplement No. 393, July, 2024
1. All
				antituberculosis drugs and medication approved by the state department of
				health for treatment of tuberculosis patients shall be provided by the state
				department of health.
2. All
				approved tuberculosis drugs and medications utilized for preventive treatment
				(chemoprophylaxis) shall be provided by the state department of health. If they
				are provided by an unauthorized facility they must be at the expense of the
				patient or other applicable third parties.
General Authority: NDCC 23-01-03, 23-07.1-04
Law Implemented: NDCC 23-01-03,
					 23-07.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-12 - Care of Tubercular Persons › Chapter 33-12-01 - Tuberculosis › Section 33-12-01-06 - Bacteriology

Current through Supplement No. 393, July, 2024
Any specimens taken from a patient in an attempt to isolate
				  microbacterium tuberculosis shall be processed at the Bismarck public health
				  laboratory. Specimens not run at the public health laboratory will not be
				  authorized by the state department of health and if they are performed at an
				  unauthorized facility they must be at the expense of the patient or other
				  applicable third parties.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-12 - Care of Tubercular Persons › Chapter 33-12-01 - Tuberculosis › Section 33-12-01-07 - Severability

Current through Supplement No. 393, July, 2024
If any provision of this article or the application thereof
				  to any person or circumstances is held to be invalid, such invalidity shall not
				  affect other provisions or application of any other part of this article which
				  can be given effect without the invalid provision or application and to this
				  end the provisions of this article and the various applications thereof are
				  declared to be severable.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-13 - Mental Health and Retardation Service Units › Chapter 33-13-01 - Licensure of Community Mental Health and Retardation Centers (Service Units) › Section 33-13-01-01 - Management/support services

Current through Supplement No. 393, July, 2024
1.
Management.
a. Governing
				authority.
(1) A community mental health and
				retardation center shall be established in accordance with the provisions of
				North Dakota Century Code chapter 25-12.
(a)
				If the governing authority is a public organization, it shall describe the
				administrative framework within which it operates.
(b) If the governing authority is a private,
				nonprofit corporation, it shall provide written documentation of its source of
				authority through charter, constitution and bylaws, and if required, its state
				license.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-13 - Mental Health and Retardation Service Units › Chapter 33-13-01 - Licensure of Community Mental Health and Retardation Centers (Service Units) › Section 33-13-01-03 - Indirect services

Current through Supplement No. 393, July, 2024
1.
Consultation.
a. Principle. The
				consultation component involves the provision of mental health assistance to a
				wide variety of community agents and caregivers, including but not limited to
				schools, courts, police, clergy, and health care personnel such as physicians
				and public health nurses.
b.
				Standards.
(1) The consultation component
				shall have a written plan describing the procedures by which the consultation
				needs of community groups or agencies are assessed and the goals and objectives
				derived from the assessed needs.
(2) The center shall periodically evaluate
				the effectiveness of its consultation component in attaining its goals and
				objectives.
(3) The consultation
				component shall be coordinated with all other center services.
(4) The center should enter into agreements
				with community groups or agencies delineating the scope and extent of the
				consultation service.
(5) The
				center shall provide for the training of its staff in consultation activities.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-13 - Mental Health and Retardation Service Units › Chapter 33-13-01 - Licensure of Community Mental Health and Retardation Centers (Service Units) › Section 33-13-01-04 - Services to special groups

Current through Supplement No. 393, July, 2024
1.
Mental retardation services.
a.
				The various services provided by the center shall be available to the mentally
				retarded and other developmentally disabled persons.
b. These services shall be designed to meet
				the developmental needs of the patient throughout the patient's life span,
				maximize the patient's human qualities, adapt the patient's behavior, and
				enhance the patient's ability to cope with the patient's environment.
c. These services shall be
				developed with the principle of normalization and shall be so defined as to
				meet the patient's culturally, normative environment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-01 - Policy and Definitions › Section 33-14-01-01 - Policy

Current through Supplement No. 393, July, 2024
It is the policy of the state department of health to
				  require the highest standards of services for the mentally retarded in
				  facilities licensed by the department which can reasonably be expected. This
				  article reflects the desire of the division of mental health and retardation of
				  the state department of health to work with those who are developing services
				  and facilities so that modern concepts of care and treatment of the retarded
				  will be incorporated.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-01 - Policy and Definitions › Section 33-14-01-02 - Civil rights

Current through Supplement No. 393, July, 2024
The treatment and care center providing programs and
				  services licensed under this article shall provide for protection of the civil
				  rights of the residents as provided for in the Constitution of the United
				  States, the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
				  1973, Title III of the Older Americans Amendments of 1975, the Constitution of
				  North Dakota, and all other relevant provisions of federal and state laws.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-01 - Policy and Definitions › Section 33-14-01-03 - Treatment or care center defined

Current through Supplement No. 393, July, 2024
As defined by North Dakota Century Code section 25-16-01,
				  the treatment or care center means "any hospital, home, or other premises,
				  owned or operated by a charitable nonprofit corporation or association,
				  especially to provide relief, care, custody, treatment, training or education
				  of the mentally retarded". It is interpreted that this law applies to those
				  centers providing services on a twenty-four-hour basis which are hereafter
				  referred to as residential care.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-01 - Policy and Definitions › Section 33-14-01-04 - Types of residential care defined

Current through Supplement No. 393, July, 2024
Because the mentally retarded are a group of persons with
				  different types and varying degrees of handicaps, it is essential that there be
				  different types of facilities available to them. The following definitions of
				  residential facilities represents groupings which take into consideration the
				  needs of different age groups as well as variation in degree and type of
				  handicap.
1. "Halfway house, hostel,
				group home" is a facility which offers to mentally retarded persons training
				and experience in skills needed for independent placement in the community.
				These include personal and social skills for the retardate who attends school,
				is employed or potentially employable, and will profit from short-term training
				in independent living not to exceed nine residents.
2. "Nursing care center, skilled or
				intermediate care facility" is a facility for mentally retarded persons who
				receive nursing care in addition to other needed care and treatment as defined
				under Article 33-07.
3.
				"Residential center" is a facility for the twenty-four-hour residential care of
				mentally retarded persons who require care or supervision. It provides an
				organized program of services needed by those admitted to the facility
				exceeding ten or more residents.
4. "Short-term care center", also known as
				respite, is a facility which provides intermittent care for mentally retarded
				for short periods of time. It is designed to provide a temporary separation
				from family or caretaker for mentally retarded persons during crisis periods
				such as illness or death of family members or caretakers, or to provide
				temporary relief for parents or caretakers from the care of a mentally retarded
				person when this is needed. It may also provide short-term care when necessary
				for diagnosis, observation or treatment of the mentally retarded person.
This type of care may also be provided in any one of the
				  residential care centers defined in this article.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-01 - Policy and Definitions › Section 33-14-01-05 - Definitions

Current through Supplement No. 393, July, 2024
1. "Dentist" means a person licensed to practice dentistry in
				  North Dakota.
2. "Dietitian" means a professional dietitian who has the
				  basic degree in the dietitian's field and has completed an internship in an
				  approved institution.
3. "Physician" means a person licensed to practice medicine
				  in North Dakota.
4. "Psychologist" means a person licensed to practice
				  psychology in North Dakota.
5. "Registered nurse" means a professionally qualified person
				  who is licensed as a registered nurse in North Dakota.
6. "Screening team" consists of at least three persons (the
				  director of the center, a social worker, and one person appointed by the
				  governing body). Each residential center shall have a screening team and the
				  purpose of the team shall be to establish admission policies for the facility
				  consistent with the program offered.
7. "Social worker" means a professionally qualified person
				  who has completed a two-year graduate curriculum in an accredited school of
				  social work and received a master's degree in social work. In addition,
				  certification by the national association of social workers is required.
8. "Teacher" means a professionally qualified person who
				  possesses a valid North Dakota teaching certificate and a North Dakota special
				  education credential.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-01 - License required

Current through Supplement No. 393, July, 2024
Any charitable, nonprofit corporation or association
				  operating a treatment or care center for mentally retarded persons shall obtain
				  a license annually from the division of mental health and retardation of the
				  state department of health.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  25-16-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-02 - Separate licenses for buildings on separate premises

Current through Supplement No. 393, July, 2024
In the case of a center where two or more buildings are used
				  in the housing of residents, the license shall list separately each building if
				  the buildings are on separate premises. Separate listing is not required for
				  separate buildings on the same grounds. No fee shall be charged for such
				  license.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-03 - Renewal of license

Current through Supplement No. 393, July, 2024
A licensed treatment or care center planning to remain in
				  operation for the following calendar year shall apply to the division of mental
				  health and retardation for a renewal of its license.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-04 - New centers and initial licensing

Current through Supplement No. 393, July, 2024
A center applying for its initial licensure shall submit
				  information with its application to show that:
1. The premises to be used are in safe
				condition and properly equipped to provide good care and treatment.
2. The persons in active charge of the center
				and their assistants are qualified by training and experience to carry on
				efficiently the duties required of them.
3. The health, morality, safety, and
				well-being of the residents cared for and treated therein will be properly
				safeguarded.
4. There is
				sufficient entertainment, treatment, educational, and physical facilities and
				services available to the residents therein.
5. Medical and psychological examinations are
				made available to each resident at least once every six months.
6. Adequate staff is to be provided to
				perform necessary treatment and care.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-05 - Content of licensure

Current through Supplement No. 393, July, 2024
North Dakota Century Code section 25-16-05 states:
The license to operate a treatment or care center for
				  mentally retarded issued under the provisions of this chapter shall set forth:
1. The name of the licensee.
2. The premises to which the
				license is applicable.
3. The
				number of residents who may be received in such premises at any one time.
4. The date of expiration of the
				license.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-06 - Revocation of license

Current through Supplement No. 393, July, 2024
North Dakota Century Code section 25-16-08 states:
The division may revoke a license of a treatment or care
				  center for mentally retarded upon a proper showing that:
1. Any of the conditions set forth in section
				25-16-03 as requirements for the issuance of the license no longer exists;
2. The license was issued upon
				fraudulent or untrue representations;
3. The owner or operator has violated any of
				the rules and regulations of the division; or
4. The owner or operator of the center has
				been guilty of an offense determined by the division to have a direct bearing
				upon a person's ability to serve the public as an owner or operator, or the
				division determines, following conviction of an offense, that the person is not
				sufficiently rehabilitated under section 12.1-33-02.1.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-07 - Hearing on denial or revocation of license

Current through Supplement No. 393, July, 2024
North Dakota Century Code section 25-16-09 states:
Before any application for a license to conduct a treatment
				  or care center for mentally retarded shall be denied or before the revocation
				  of such license by the division, written charges as to the reasons therefor
				  shall be served upon the applicant or licensee, who shall have the right to a
				  hearing before the division, if such hearing is requested within ten days after
				  service of written charges.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  25-16-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-02 - Licensure › Section 33-14-02-08 - Inspection

Current through Supplement No. 393, July, 2024
1. The division of mental health and
				retardation shall inspect the facilities and premises of the applicant as often
				as necessary to determine the adequacy of program and services.
2. The division of mental health and
				retardation shall arrange for periodic inspection of the facilities and
				premises of the applicant to determine the adequacy of sanitary conditions and
				physical facilities.
3. The
				division of mental health and retardation shall call upon the state fire
				marshal, or the state fire marshal's designee, annually to inspect each
				treatment and care center for safety from fire hazards and will consider the
				state fire marshal's requirements and compliance therewith before issuing or
				renewing a license.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-03 - Nursing Care Centers, Skilled or Intermediate › Section 33-14-03-01 - Standards

Current through Supplement No. 393, July, 2024
Program and construction standards for nursing care centers
				  shall be in accordance with the most current regulations for skilled and
				  intermediate care facilities, article 33-07.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-01 - Standards for administration

Current through Supplement No. 393, July, 2024
1.
Administrator.
In order to develop an adequate program of
				treatment and care it is essential that there be an administrator of maturity
				and experience to equip the administrator for the task. It is highly
				recommended that the administrator shall have had at least two years of
				previous professional work with the mentally retarded or administrative
				experience of similar duration with adequate programs of residential care.
				Professional preparation and experience in medicine, social work, or psychology
				are especially desirable.
2.
Finances.
A sound financial plan must be demonstrated. Adequate
				records must be kept of all income received and expended. An audit shall be
				performed annually and a copy of the audit report shall be submitted to the
				division of mental health and retardation of the state department of health.
				Financial records may be inspected by the division at any time. Financial
				records must be kept for a period of fifteen years.
3.
Insurance.
Adequate
				insurance, including liability insurance, must be maintained.
4.
Health clearance.
The
				residential care center shall secure a written report from a licensed physician
				or health department that all personnel at the time of employment and annually
				thereafter are free of communicable and infectious diseases, including
				tuberculosis. Persons with infectious and communicable diseases shall not be on
				duty in any center.
5.
Reports.
Licensees shall furnish to the division of mental health
				and retardation such reports as may be required.
a. Injury and incident reports. A written
				report shall be submitted to the division within three days concerning any
				serious injury or unusual incident involving a resident including name, age,
				sex, date of admission, diagnosis, date of incident or death, nature of
				incident, medical findings and treatment, name of attending physician, and
				final disposition.
b. Death
				reports. Reports of all deaths from unnatural causes, including those reported
				to the coroner, shall be submitted to the division either as a special report
				or by copy of the death certificate within thirty days of occurrence.
c. Special reports. Any
				occurrences such as epidemic outbreaks, poisonings, reportable diseases, or
				other unusual occurrences which threaten the welfare, safety, or health of any
				resident admitted to any institution shall be immediately reported by telephone
				or telegram to the local health officer. The residential care center shall
				furnish such other pertinent information as the local or state department of
				health may require. The residential care center shall immediately submit an
				identical report to the division.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-02 - Staff

Current through Supplement No. 393, July, 2024
At least one staff member shall be in any building in which
				  residents are present at all times. Sufficient nursing and attendant staff are
				  to be available for adequate care of residents at all times.
1. Arrangements must be demonstrated for the
				provision of adequate physician's services, including psychiatric and
				pediatric. If the director is not a physician, there must be services provided
				by a physician who will give regular health supervision and participate in the
				training of the staff. North Dakota Century Code section 25-16-03 requires
				medical examination of residents at least every six months.
2. Psychological services shall be provided
				and are to be under the direction of a psychologist licensed to practice
				psychology in North Dakota in conformity with the North Dakota licensure laws
				for psychologists. North Dakota Century Code section 25-16-03 requires
				psychological examination of residents at least every six months.
3. Social services are to be provided and
				shall be under the direction of a social worker.
4. Nursing services from registered nurses
				shall be provided as required by the program. This is especially important when
				the severely handicapped or those with serious medical problems are admitted to
				the center. When a professional nurse is included as a part of the staff, the
				nurse shall provide nursing services and participate in orientation and
				training of staff.
5. Qualified
				occupational, recreational, and speech therapists as well as qualified teachers
				shall be utilized as required.
6.
				A dietitian must be utilized in the food service. In the event that the
				center's program is not large enough to justify including a dietitian as a part
				of the staff, part-time services of a dietitian or dietetic consultation from
				the state department of health may be utilized.
7. Provisions shall be made for dental
				examinations and dental treatment by a dentist. A dentist shall assist the
				residential care center in developing an adequate program of oral hygiene.
8. Professional staff is to be
				utilized in the orientation and training of personnel.
9. Staff shall possess sufficient maturity
				and educational achievement to utilize the orientation and training program and
				to participate in a meaningful treatment and care program for the residents.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-03 - Recreational activities

Current through Supplement No. 393, July, 2024
1. Every
				residential care center shall provide and conduct programs of purposeful
				activities in accord and with the interests, abilities, and needs of the
				residents.
2. Designated indoor
				and outdoor areas shall be provided to adequately meet the recreational needs
				of residents.
3. Facilities for
				children shall provide playgrounds and playrooms, adequately equipped with
				apparatus, games, etc.
4.
				Facilities for children of school age shall provide programs of education and
				training acceptable to the department of public instruction. If school
				facilities are utilized which are not on the premises, transportation which is
				in accordance with the needs of the resident shall be provided.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-04 - Maintenance

Current through Supplement No. 393, July, 2024
1.
Paramedical and adjunct
				services.
a. Mentally retarded persons
				who wear glasses, braces, or other appliances shall wear them as directed by
				the person who prescribed them and the center shall record these instructions
				in the resident's record and see that they are carried out.
b. Adequate facilities shall be made
				available to provide treatment (such as orthopedic and physiotherapy) by
				qualified personnel for residents who are physically handicapped in addition to
				being mentally retarded.
c. The
				center shall have an independent training program which makes every effort to
				help each resident achieve the resident's fullest potential for independence
				whether this be independence in self-care or for more complex activities
				leading to the goal of independent living.
d. Pharmacy. Where a pharmacy is operated, a
				registered pharmacist shall be in charge.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-05 - Resident rooms

Current through Supplement No. 393, July, 2024
1.
Grade
				level.
No resident shall be housed in a room unless a portion of it is
				at or above grade level and no resident room floor shall be more than thirty
				inches [76.2 centimeters] below the adjacent grade.
2.
Floor area.
a. In single resident rooms the least
				dimension free of fixed obstructions shall not be less than eighty square feet
				[7.43 square meters].
b. Multibed
				rooms shall have as a minimum floor space, seventy-five square feet [6.97
				square meters] of space free of fixed obstructions per bed. There shall be no
				more than four beds per room.
c.
				At least one water closet, lavatory, and tub or shower shall be provided for
				each five residents.
d. Window
				sills shall not be higher than three feet [91.44 centimeters] above the floor
				and shall be above grade. Each resident's room shall be an outside room with a
				satisfactory amount of natural light.
The area of the glazing material in the windows shall not be
				  less than one-tenth of the floor area of the room served by them.
e. If both males and females are
				housed in the same facility, separate water closets, lavatories, and tubs or
				showers will be required for both sexes.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-06 - Services area

Current through Supplement No. 393, July, 2024
1.
Clean
				linen storage.
Enclosed storage space.
2.
Nourishment station.
Storage,
				refrigerator, hot plate, self-dispensing icemaker, and sink. (Desirable but not
				mandatory.)
3.
Equipment
				storage room.
For storage of bulky equipment.
4.
Janitor's closet.
Large
				enough for storage of housekeeping supplies and equipment. Floor receptor.
5.
Toilet room door.
Doors to toilet rooms shall have a minimum width of two feet ten inches
				[86.36 centimeters] to admit a wheelchair.
6.
Conference room.
For
				consultation, examination, and treatment and therapeutic and nursing procedures
				to be used by physician or other facility staff.
7.
Storage.
Ample storage space
				for resident's personal belongings.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-07 - Resident dining and recreation areas

Current through Supplement No. 393, July, 2024
The dining area and recreational activities area shall not
				  be the same space.
1.
Resident
				dining area.
The total area set aside for this purpose shall not be less
				than fifteen square feet [1.39 square meters] per bed. Additional space shall
				be provided for outpatients if they participate in a day care program.
2.
Resident recreation
				area.
a. The total area set aside for
				recreation shall be four hundred square feet [37.16 square meters] of clear
				space for the first ten beds. This shall be the minimum size. Additional space
				of ten square feet [.93 square meters] per bed shall be added for each
				additional bed over ten.
b. A
				source of water shall be provided for crafts.
c. Storage shall be provided for recreational
				equipment and supplies.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-08 - Food services

Current through Supplement No. 393, July, 2024
Type, size, and layout of equipment shall provide optimal
				  work flow and adequate food preparation to meet the needs of the residents.
1.
Food preparation center.
Provide handwashing lavatory but do not provide mirror.
2.
Toilet room.
Conveniently
				accessible for dietary staff.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-09 - Administration area

Current through Supplement No. 393, July, 2024
1. Lobby and
				information center.
2.
				Administrator's office.
3. Public
				and staff toilet room.
4. Adequate
				office space for all faculty staff including consultation staff.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-10 - Engineering service and equipment areas

Current through Supplement No. 393, July, 2024
1.
				Boiler room.
2. Mechanical,
				electrical equipment, and maintenance room or rooms.
3. Storage room for building maintenance
				supplies. May be part of maintenance shop.
4. Storage room for housekeeping equipment.
				Need not be provided if space is available in janitor's closet elsewhere.
5. Refuse space.
6. Yard equipment storage space. For yard
				maintenance equipment and supplies.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-11 - Construction detail and finishing

Current through Supplement No. 393, July, 2024
A high degree of safety for the occupants in minimizing the
				  incidence of accidents shall be provided. Hazards such as sharp corners shall
				  be avoided. All details and finishes shall meet the following requirements:
1. All doors opening into corridors
				shall be swing-type except elevator doors. Alcoves and similar spaces which
				generally do not require doors are excluded from this requirement.
2. No doors shall swing into the corridor
				except closet doors.
3. Thresholds
				and expansion joint covers, if used, shall be flush with the floor.
4. Lavatories intended for use by residents
				shall be installed to permit wheelchairs to slide under.
5. Mirrors shall be arranged for convenient
				use by residents in wheelchairs as well as by patients in a standing position.
6. Paper towel dispensers shall be
				provided at all lavatories and sinks used by personnel for handwashing.
7. Ceiling heights.
a. Corridors, storage rooms, resident toilet
				room and other minor rooms shall not be less than seven feet six inches [2.29
				meters].
b. All other rooms shall
				not be less than eight feet [2.44 meters].
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-12 - Fire safety, zoning and building clearance

Current through Supplement No. 393, July, 2024
All construction for residential care centers shall conform
				  to state building regulations related to fire safety as well as conform to
				  local fire safety, zoning, and building ordinances. Evidence of conforming to
				  zoning ordinances shall be presented in writing to the division of mental
				  health and retardation. Fire codes and building codes used in the design of the
				  building shall be recorded with plans submitted.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-13 - Mechanical requirements

Current through Supplement No. 393, July, 2024
New construction or major remodeling shall conform to
				  national accepted practices such as ASTRAE.
1.
Heating and ventilation systems
				(this will apply to existing licensed facilities).
a. Temperatures. A minimum temperature of
				sixty-eight degrees to seventy-two degrees Fahrenheit [20 degrees to 22.22
				degrees Celsius] shall be provided for all occupied areas at winter design
				conditions.
b. Ventilation
				systems. An adequate ventilation system shall be maintained.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-14 - Electrical requirements

Current through Supplement No. 393, July, 2024
All spaces occupied by people, machinery, and equipment
				  within buildings and the approaches thereto and parking lots shall have
				  electrical lighting. All electrical requirements shall conform to state or
				  local codes.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-04 - Residential Centers › Section 33-14-04-15 - Submission of building construction plans

Current through Supplement No. 393, July, 2024
Before construction is begun, plans and specifications
				  covering the construction of new buildings, additions to an existing building,
				  or a substantial alteration to an existing building shall be submitted to the
				  division of mental health and retardation and approval shall be obtained from
				  the division with respect to compliance with the minimum standards which have
				  been established.
Note: In order to avoid unnecessary expense in changing
				  final plans, it is suggested that as an initial step, proposed plans in sketch
				  form be reviewed with the division.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-01 - Standards for administration

Current through Supplement No. 393, July, 2024
1.
Administrator.
In order to develop an adequate program of
				treatment and care, it is essential that there be an administrator of maturity
				and experience to equip the administrator for the task. It is highly
				recommended that the administrator shall have had at least two years of
				previous professional work with the mentally retarded or administrative
				experience of similar duration in an adequate program. Professional preparation
				and experience in medicine, social work, or psychology are especially
				desirable. Either an administrator or supervisor of the staff (houseparent) may
				be in charge of the facility.
2.
Finances.
A sound financial plan must be demonstrated. Adequate
				records must be kept of all income received and expended. An audit shall be
				performed annually and a copy of the audit report shall be submitted to the
				division of mental health and retardation of the state department of health.
				Financial records may be inspected by the division at any time. Financial
				records must be kept for a period of fifteen years.
3.
Insurance.
Adequate
				insurance, including liability insurance, must be maintained.
4.
Health clearance.
The halfway
				house, hostel, or group home shall secure a written report from a licensed
				physician or health department that all personnel at the time of employment and
				annually thereafter are free of communicable and infectious diseases, including
				tuberculosis. Persons with infectious and communicable disease shall not be on
				duty in any facility.
5.
Reports.
Licensees shall furnish to the division of mental health
				and retardation such reports as may be required.
a. Injury and Incident Reports. A written
				report shall be submitted to the division within three days concerning any
				serious injury or unusual incident involving a resident including name, age,
				sex, date of admission, diagnosis, date of incident of death, nature of
				incident, medical findings and treatment, name of attending physician, and
				final disposition.
b. Death
				reports. Reports of all deaths from unnatural causes including those reports to
				the coroner, shall be submitted to the division either as a special report or
				by copy of the death certificate within thirty days of occurrence.
c. Special reports. Any occurrences such as
				epidemic outbreaks, poisonings, reportable diseases, or other unusual
				occurrences which threaten the welfare, safety, or health of any resident
				admitted to any institution shall be immediately reported by telephone or
				telegram to the local health officer. The halfway house, hostel, or group home
				shall furnish such other pertinent information as the local or state department
				of health may require. The facility shall also immediately submit an identical
				report to the division.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-02 - Staff

Current through Supplement No. 393, July, 2024
At least one staff member shall be in any building in which
				  residents are present at all times. Sufficient personnel staff are to be
				  available for adequate care of residents at all times.
1. Arrangements must be demonstrated for the
				provision of adequate physician's services, including psychiatric and
				pediatric. If the director is not a physician, there must be services provided
				by a physician who will give regular health supervision and participate in the
				training of the staff. Medical services shall be made available as indicated at
				least every six months and an annual evaluation shall be completed on each
				resident.
2. Psychological
				services shall be provided and are to be under the direction of a psychologist
				licensed to practice psychology in North Dakota in conformity with the North
				Dakota licensure laws for psychologists. Psychological services shall be made
				available as indicated at least every six months and an annual evaluation shall
				be completed on each resident.
3.
				Social services are to be provided and shall be under the direction of a social
				worker.
4. Nursing services from
				registered nurses shall be provided as required by the program. This is
				especially important when severely handicapped or those with serious medical
				problems are admitted to the facility. When a professional nurse is included as
				a part of the staff, the nurse shall provide nursing services and participate
				in orientation and training of staff.
5. Qualified occupational, recreation, and
				speech therapists as well as qualified teachers shall be utilized as required.
6. A dietitian must be utilized in
				the food service. In the event that the facility's program is not large enough
				to justify including a dietitian as a part of the staff, part-time services of
				a dietitian or dietetic consultation from the state department of health may be
				utilized.
7. Provisions shall be
				made for dental examinations and treatment by a dentist. A dentist shall assist
				the facility in developing an adequate program of oral hygiene.
8. Professional staff is to be utilized in
				the orientation and training of personnel.
9. Staff shall possess sufficient maturity
				and educational achievement to utilize the orientation and training program and
				to participate in a meaningful treatment and care program for the residents.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-03 - Recreational activities

Current through Supplement No. 393, July, 2024
1. Every halfway
				house, hostel, and group home shall provide and conduct programs of purposeful
				activities in accord and with the interests, abilities, and needs of the
				residents.
2. Designated indoor
				and outdoor areas shall be provided to adequately meet the recreational needs
				of residents.
3. Facilities for
				children shall provide playgrounds and playrooms, adequately equipped with
				apparatus, games, etc.
4.
				Facilities for children of school age shall provide programs of education and
				training acceptable to the department of public instruction. If school
				facilities are utilized which are not on the premises, transportation which is
				in accordance with the needs of the resident shall be provided.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-04 - Maintenance

Current through Supplement No. 393, July, 2024
1.
Paramedical and adjunct
				services.
a. Mentally retarded persons
				who wear glasses, braces, or other appliances shall wear them as directed by
				the person who prescribed them and the facility shall record these instructions
				in the resident's record and see that they are carried out.
b. Adequate facilities shall be made
				available to provide treatment (such as orthopedic and physiotherapy) by
				qualified personnel for residents who are physically handicapped in addition to
				being mentally retarded.
c. The
				facility shall have an independent training program which makes every effort to
				help each resident achieve the resident's fullest potential for independence
				whether this be independence in self-care or for more complex activities
				leading to the goal of independent living.
d. Pharmacy. Where a pharmacy is operated, a
				registered pharmacist shall be in charge.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-05 - Resident rooms

Current through Supplement No. 393, July, 2024
1. In single
				resident rooms the least dimension free of fixed obstructions shall not be less
				than eighty square feet [7.43 square meters].
2. Multibed rooms shall have as a minimum
				sixty square feet [5.57 square meters] of floor space free of fixed
				obstructions per bed. There shall be no more than four beds per room. A double
				bunk bed is considered two beds.
3. At least one room with one water closet,
				lavatory, and tub or shower shall be provided for each five residents.
4. Each resident's room shall be
				an outside room with a satisfactory amount of natural light.
5. If males and females are housed in the
				same building, separate water closets, lavatories, and tubs or showers will be
				required for each.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-06 - Services area

Current through Supplement No. 393, July, 2024
1.
Clean
				linen storage.
Enclosed storage space.
2.
Equipment storage room.
For
				storage of bulky equipment.
3.
Storage.
Ample storage space for resident's personal belongings.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-14 - Purchase of Residential Care for the Mentally Retarded › Chapter 33-14-05 - Halfway Houses, Hostels, Group Homes › Section 33-14-05-07 - Resident dining and recreation areas

Current through Supplement No. 393, July, 2024
The dining area and recreational activities area shall not
				  be the same space.
1.
Resident
				dining area.
The total area set aside for this purpose shall not be less
				than fifteen square feet [1.39 square meters] per bed. Additional space shall
				be provided for outpatients if they participate in a day care program.
2.
Resident recreation area.
Ample recreational areas will be provided to meet the program's needs.
				Twenty square feet [1.86 square meters] per bed is required.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 25-16-03