North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-07 - Licensing Medical Hospitals › Chapter 33-07-06 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-07-06-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Abuse" includes mental, physical, sexual, and verbal
				  abuse. "Mental abuse" includes humiliation, harassment, threats of punishment,
				  or deprivation. "Physical abuse" includes hitting, slapping, pinching, and
				  kicking and controlling behavior through corporal punishment. "Sexual abuse"
				  includes sexual harassment, sexual coercion, sexual contact, or sexual assault.
				  "Verbal abuse" includes any use of oral, written, or gestured language that
				  includes disparaging and derogatory terms to residents or their families, or
				  within their hearing distance, to describe residents, regardless of their age,
				  ability to comprehend, or disability.
2. "Certified nurse aide" means an individual who has
				  successfully completed the requirements for the department-approved nurse aide
				  training and competency evaluation program, or department-approved competency
				  evaluation program and is entered on the department's nurse aid registry.
3. "Department" means the state department of health and
				  consolidated laboratories.
4. "Facility" means skilled nursing facility or nursing
				  facility licensed by the department, and does not include any institution that
				  is for the care and treatment of mental diseases or for the mentally retarded
				  or persons with related conditions.
5. "Misappropriation of resident property" means the
				  deliberate misplacement, exploitation, or wrongful temporary or permanent
				  taking or use of a resident's belongings or money, or both, without the
				  resident's consent.
6. "Neglect" includes failure to carry out resident services
				  as directed or ordered by the physician or other authorized personnel, failure
				  to give proper attention to residents, or failure to carry out resident
				  services through careless oversight.
7. "Nurse aide" means any individual providing nursing or
				  nursing-related services to individuals in a nursing facility or other health
				  care facility, who is not a licensed health professional or someone who
				  volunteers to provide such services without pay.
8. "Nurse aide competency evaluation" means a
				  department-approved testing mechanism consisting of both a written or oral and
				  a manual skills component, testing the necessary knowledge needed by a nurse
				  aide to provide safe care in a nursing facility or other health care facility.
9. "Nurse aide registry" means a listing of all individuals
				  who have satisfactorily completed a department-approved competency evaluation
				  program who have submitted the required initial or renewal information for
				  inclusion on the department's registry and individuals with documented findings
				  of abuse, neglect, or misappropriation of resident property.
10. "Nurse aide training program" means a program to train
				  nurse aides offered by a public or private organization that has been approved
				  by the department.
11. "Qualified instructor" for a nursing facility nurse aides
				  means a registered nurse with a minimum of two years of nursing experience, at
				  least one year of which must be in the provision of long-term care facility
				  services. Instructors must have completed a course in teaching adults or have
				  experience in teaching adults or supervising nurse aides. In a facility based
				  program, the director of nursing is prohibited from performing the actual
				  training. However, a director of nursing who meets the qualified instructor
				  requirements may provide the general supervision for the program. Other
				  health-related professions who have a minimum of one year experience in their
				  field may supplement the instructor.
12. "Significant requirements" means federal certification or
				  state licensure requirements that have a serious or measurable impact on the
				  health and safety of the resident in the facility. This includes a nursing
				  waiver. Significant requirements shall be determined to be out of compliance
				  based on the following considerations: severity of the noncompliance issue,
				  frequency of the noncompliance issue, and history of prior noncompliance
				  issues.
13. "Supervised practical skills training" means manual
				  skills training provided through a department-approved nurse aide training
				  program in a laboratory or other setting in which the nurse aide demonstrates
				  knowledge while performing tasks on an individual under the direct supervision
				  of a qualified instructor or a licensed nurse under the general supervision of
				  a qualified instructor.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC 23-16-01,
					 23-17.3-08