reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-06 - Plans and specifications

Current through Supplement No. 393, July, 2024
1. A facility shall
				submit plans and specifications to the department for approval for all
				construction, remodeling, and installations subject to review. The plans and
				specifications must be prepared by an architect or engineer licensed in North
				Dakota, unless otherwise determined by the department.
2. A facility shall contact the department
				prior to any substantial changes in or alterations to any portion of the
				structure to determine to what extent it is subject to review. A substantial
				change includes alterations affecting the fire safety or structural integrity
				of the building, changes in service areas or services provided within a service
				area, changes in bed capacity, or any other change governed by the standards of
				this chapter. The department may request plans, specifications, or other
				information as may be required and shall make the final determination on those
				areas subject to review.
3. Start
				of construction prior to approval by the department of the final plans and
				specifications is not permitted.
4.
				All construction, remodeling, and installations must be in accordance with the
				final plans and specifications approved by the department. Modifications or
				deviations from the approved plans and specifications must be submitted to and
				approved by the department.
5. The
				department may make inspections of construction, remodeling, or installations
				and arrange conferences with the facility to ensure conformance with approved
				plans and specifications.
6. The
				construction specifications must require the contractor to perform tests to
				ensure all systems conform to the approved plans and specifications.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-07 - General building requirements

Current through Supplement No. 393, July, 2024
1. The facility
				shall design and equip areas for the comfort and privacy of each patient. Each
				patient room must have:
a. A bed, a mattress,
				appropriate bedding, a bedside stand, and a chair appropriate to the needs and
				comfort of the patient. All furniture and furnishings must be well-constructed,
				comfortable, in good repair, kept clean and maintained in a serviceable
				condition.
b. Physical space for
				private visiting.
c. Physical space
				to ensure visual privacy for personal care.
d. If a hardwired communication system is
				used in patient rooms, each patient must be provided with a call device. Calls
				must be initiated by a patient activating a device that sends a call signal to
				the staff call station or a hand-held mobile device carried by a staff
				member.
e. A window with a
				shade.
f. Patient toilet room with
				a handwashing station. Each patient shall have access to a toilet room without
				having to enter a corridor. Toilets used by patients must allow sufficient
				clearance on both sides to enable physical access and maneuvering by caregivers
				who may have to assist patients in wheelchair-to-toilet transfers and
				returns.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-09 - Patient records

Current through Supplement No. 393, July, 2024
1. The facility
				shall keep accurate, current, and confidential records of all
				patients.
2. The facility shall
				provide for secure maintenance and storage of all patient records.
3. Patient records must include:
a. Complete identification of each patient,
				including information on the patient's next of kin and responsible
				person.
b. Initial and subsequent
				assessments of each patient.
c. The
				current person-centered care plan.
d. Complete documentation of all services
				rendered.
e. An admission
				note.
f. A medication
				administration record documenting medication administration consistent with
				applicable state laws, rules, and practice acts.
g. Consent and authorization forms.
h. A discharge note, including disposition of
				the patient's personal effects, money, or valuables deposited with the
				facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-10 - Pharmacy and medication administration services

Current through Supplement No. 393, July, 2024
1. The facility
				shall provide assistance to the patient in obtaining necessary medications and
				medical supplies.
2. Drugs and
				biologicals must be administered by an individual certified or licensed to
				administer medications or the patient.
3. The facility shall provide a secure area
				for medication storage and shall have policies and procedures for the control,
				storage, handling, administration, recordkeeping, and disposal of medication,
				including medications the patient brought from home.
4. All medications used by patients which are
				administered or supervised by staff must be:
a. Properly recorded by staff at the time of
				administration.
b. Kept and stored
				in original containers labeled consistently with state laws.
c. Properly administered.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-11 - Dietary services

Current through Supplement No. 393, July, 2024
The facility shall meet the dietary needs of the patients,
				  provide dietary services, and the sanitary requirements for food establishments
				  in compliance with
				  chapter
				  33-33-04.1.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-12 - Housekeeping and laundry services

Current through Supplement No. 393, July, 2024
The facility shall provide housekeeping and maintenance
				  services necessary to maintain the interior and exterior of the facility in a
				  safe, clean, orderly, and comfortable manner and provide sanitary laundry
				  services.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-13 - Admission and discharge criteria

Current through Supplement No. 393, July, 2024
Admission and discharge criteria must be specified in
				  writing.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-14 - Staffing

Current through Supplement No. 393, July, 2024
1. The facility
				shall employ or contract with a registered nurse to supervise patient care to
				meet the needs of the patients at all times.
2. The facility shall maintain a sufficient
				number of qualified staff who are trained and competent to provide the care and
				services necessary to meet the needs.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-15 - Patient rights

Current through Supplement No. 393, July, 2024
The facility shall develop, adopt, and implement a statement
				  of the rights and responsibilities of patients. This statement must be provided
				  to the patient or the patient representative prior to or at the time of
				  admission to the facility. The statement must include provisions assuring each
				  patient the following minimum rights:
1. The right to be clearly informed of the
				responsibilities of the facility for care of the patient, including services to
				be provided.
2. The right to be
				fully informed, at the time of admission, of the materials and equipment
				available to the patient, any financial policies, and estimated cost.
3. The right to privacy in treatment and in
				caring for personal needs, and confidentiality in the treatment of personal and
				service records.
4. The right to be
				informed of any change in patient status.
5. The right to be treated courteously,
				fairly, and with the fullest measure of dignity.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-16 - Data and metrics reporting

Current through Supplement No. 393, July, 2024
The facility shall provide data and metrics to the department
				  as determined by the department.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Defined
				area of need" means a service area or site selected considering the
				availability of health care services available to individuals who are
				underserved, experiencing health care professional shortage, or in a rural
				area.
2. "Department" means the
				department of health and human services.
3. "Direct health care services" means case
				consultation, case management, management of an individual's medications,
				charting, care coordination activities, diagnostic and treatment services
				followup, telehealth, and patient correspondence.
4. "Employer" means a public or private
				entity seeking to fill health care needs and includes a clinic, hospital,
				tribal health organization, an institution or facility that provides services
				to an individual with developmental disabilities, substance use disorder
				treatment programs, behavioral health clinic, long-term care facility, assisted
				living home, correctional facility, a site, or other health care organization
				that employs health care professionals.
5. "Full-time" means a permanent and
				program-eligible health care professional position in which the health care
				professional:
a. Is physically present and
				works in a defined area of need at least thirty hours each week at the location
				identified in the contract; and
b.
				Works thirty hours in no less than three days each week.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-02 - Designation as a defined area of need

Current through Supplement No. 393, July, 2024
The department shall designate a service area or site as
				  being or as being located in a defined area of need, if at least one of the
				  following criteria is met:
1. There is
				evidence that at least thirty percent of the population consists of individuals
				who are underserved;
2. The service
				area is a rural area;
3. The level
				of support from the service area;
4. The United States department of health and
				human services' health resources and services administration has:
a. Designated the service area as a health
				professional shortage area under
				42 U.S.C.
				254e; or
b. Designated the service area as a medically
				underserved area or one with a medically underserved population; or
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-03 - Health care professional eligibility

Current through Supplement No. 393, July, 2024
A health care professional shall meet the following
				  requirements to be eligible to participate in this program:
1. The health care professional meets the
				criteria established by this chapter and North Dakota Century Code sections
				43-12.3-05 and 43-12.3-06.
2. The
				health care professional works full time or half time. If a health care
				professional works more than twelve hours in any twenty-four-hour period, only
				twelve hours will count toward the health care professional's full-time or
				half-time status.
3. The health
				care professional may not have a simultaneous contract or service obligation
				with another person for loan repayment. For purposes of this subsection, a
				simultaneous contract or service obligation does not include:
a. An employer's signon bonus, retention
				bonus, or productivity bonus;
b. A
				service obligation in the:
(1) Reserves of the
				armed forces of the United States;
(2) North Dakota national guard; or
(3) Commissioned corps of the United States
				department of health and human services, office of the surgeon general, public
				health service; or
c.
				Public service loan forgiveness.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-04 - Employer eligibility

Current through Supplement No. 393, July, 2024
To participate in the program an employer shall:
1. Provide services in a service area or site
				that is or is located in a defined area of need established under section
				33-03-37-02;
2. Submit an employer application in the form
				and manner approved by the department;
3. Maintain clinical and employment
				documentation for auditing and provide required documents within thirty days
				upon the department's request;
4.
				Maintain a designated representative authorized by the employer to:
a. Review and sign contract and program
				participation documents; and
b.
				Submit progress reports in the form and manner approved by the department for
				participating health care professionals;
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-05 - Health care professional and employer prioritization

Current through Supplement No. 393, July, 2024
Annually the department shall issue a list or criteria of
				  priorities for the application process for eligible health care professional
				  and employers. This list or criteria must include occupation types, locations,
				  practice settings, distribution of program applicants and recipients, and
				  available funding. The department may consider other relevant factors in
				  considering applicants, including:
1.
				The level of social, behavioral, and medical needs in the defined area of
				need;
2. The number of current
				vacancies within the defined area of need;
3. The extent to which the defined area of
				need is rural;
4. The percentage of
				individuals who are underserved being served;
5. The health care professional's specialty
				within an area;
6. The employer and
				practice setting;
7. Whether the
				health care professional is a new recruit or a retention candidate;
8. The health care professional's date of
				availability and anticipated term of availability;
9. The health care professional's education
				and experience; and
10. The health
				care professional's willingness to accept Medicare and Medicaid.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC 43-12.3-03, 43-12.3-04,
					 43-12.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-06 - Health care professional application process

Current through Supplement No. 393, July, 2024
1. A current full permanent unencumbered
				unrestricted licensed health care professional wishing to participate in the
				program shall complete and submit an online application in the form and manner
				approved by the department. The application must include:
a. A current resume or curriculum
				vitae;
b. A current copy of all
				educational loan statements from each loan servicer;
c. The licensure status of the health care
				professional;
d. A history of all
				medical licenses held by the health care professional;
e. A description of any litigation to which
				the health care professional is a party;
f. A signed copy of the health care
				professional's employment contract with all addendums;
g. A signed statement of endorsement and
				financial commitment to participate in this program from the health care
				professional's employer; and
h.
				Three letters of recommendation, two of which must include:
(1) A direct supervisor; and
(2) Other organization official.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-07 - Employer application process

Current through Supplement No. 393, July, 2024
1. An
				employer wishing to be eligible for participation in the program shall complete
				and submit an online application in the form and manner approved by the
				department. The application must include:
a. A
				statement of need;
b. A statement
				of the type of services required to meet the needs of the patients served;
				and
c. A statement that the
				eligible health care professional shall accept Medicare and Medicaid, if
				applicable.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-08 - Loan repayment contract

Current through Supplement No. 393, July, 2024
1. Before
				receiving loan repayment under this chapter, each health care professional and
				employer selected shall enter into a loan repayment contract with the
				department, in the form and manner approved by the department, agreeing to the
				terms and conditions upon which the loan repayment is granted, the penalties
				for a breach of the loan repayment contract, and the conditions under which the
				health care professional may be released from any obligations under the
				contract without penalty.
2. A
				designated representative that is authorized by the employer shall sign the
				loan repayment contract on behalf of the employer.
3. The loan repayment contract must include:
a. The amounts to be paid to the lending
				institution by the department and by the employer;
b. The specific term in which the health care
				professional is obligated to provide medical services within the community;
				and
c. A provision that any
				financial obligation of the department arising out of a loan repayment contract
				entered into under this chapter is contingent on funds being appropriated by
				the legislative assembly and available for loan repayments under North Dakota
				Century Code chapter 43-12.3 and matching funds paid by the health care
				professional's employer as required by North Dakota Century Code section
				43-12.3-07.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-09 - Department and employer payments

Current through Supplement No. 393, July, 2024
1. The
				health care professional shall submit an annual payment verification form to
				the department, in the form and manner approved by the department, for yearly
				payment. The form must include:
a. The loan
				lender name;
b. Remittance address;
				and
c. Account number.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-37 - Health Care Professional Student Loan Repayment Program › Section 33-03-37-10 - Amendment - Termination

Current through Supplement No. 393, July, 2024
The department shall amend or terminate a loan repayment
				  contract only through a fully executed amendment or termination
				  document.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 43-12.3-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-01 - Duties of the State Registrar › Section 33-04-01-01 - Forms

Current through Supplement No. 393, July, 2024
All paper certificates, forms, and reports used in the
				  system of vital records registration and health statistics tabulation and
				  analysis are the property of the state department of health and shall be
				  surrendered to the state registrar upon demand. The forms prescribed and
				  distributed by the state registrar for reporting vital events shall be used
				  only for official purposes. No forms shall be used in the reporting of vital
				  events or making copies thereof except those furnished or approved by the state
				  registrar.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-01 - Duties of the State Registrar › Section 33-04-01-02 - Requirements for preparation of paper certificates and worksheets

Current through Supplement No. 393, July, 2024
All paper certificates and records for all vital events must
				  be printed on security paper directly from an authorized computer or copier.
				  All signatures required shall be entered in black nonfading ink or be an
				  acceptable e-signature. Unless otherwise specified by the state registrar, no
				  certificates or record shall be complete, correct, and acceptable for
				  registration that:
1. Does not include
				the certifier's name.
2. Does not
				supply all items of information called for thereon or satisfactorily account
				for their omission.
3. Contains
				significant alterations or erasures.
4. Does not contain handwritten signatures
				where required.
5. Is marked "copy"
				or "duplicate".
6. Is a carbon,
				photographic, or xerographic copy.
7. Is prepared on an improper form.
8. Contains inconsistent or improper
				data.
9. Contains an indefinite
				cause of death which denotes only symptoms of disease or conditions resulting
				from disease.
10. Is not prepared
				in conformity with rules or instructions issued by the state
				registrar.
General Authority:
NDCC 23-02.1-04,
					 28-32-02
Law Implemented:
NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-04 - Birth Registration › Section 33-04-04-01 - General provisions

Current through Supplement No. 393, July, 2024
If the mother of the child was not married at the time of
				  conception or birth, the child's surname shall be shown on the record as the
				  legal surname of the mother at the time of the birth unless otherwise
				  determined in a court paternity action, or unless an acknowledgment of
				  paternity signed by both parents is received stating the surname of the child
				  to be the legal surname of the mother or father.
If the father is not named on the certificate of birth, no
				  other information about the father shall be entered on the certificate.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-13
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-04 - Birth Registration › Section 33-04-04-02 - Home births

Current through Supplement No. 393, July, 2024
If a birth occurs outside an institution and is not attended
				  by a physician or midwife, or is not witnessed by a physician or midwife
				  immediately after the birth, the parents are required to provide additional
				  documents approved by the state registrar to prove the mother was pregnant, the
				  child was born alive, and the child was born in North Dakota, before the birth
				  will be registered.
If the parents are unable or unwilling to provide all the
				  additional documents, the birth may only be registered by an order received
				  from a court of competent jurisdiction. The parents shall complete the
				  informational worksheets containing all the birth facts, regardless of the
				  terms of the order.
General Authority:
NDCC 23-02.1-04,
					 28-32-02
Law Implemented:
NDCC
					 23-02.1-13
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-05 - Infants of Unknown Parentage: Foundling Registration › Section 33-04-05-01 - General provisions

Current through Supplement No. 393, July, 2024
1.
Registration procedures.
The report for an infant of unknown
				parentage shall be registered using the electronic birth registration system
				and shall:
a. Show the required facts as
				determined by the approximation and have parentage data left blank.
b. Amend the certification of the attendant
				to show the signature of the custodian and indicate title, if any.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-01 - Registration - Seven days to one year

Current through Supplement No. 393, July, 2024
Records of birth filed after seven days, but within one year
				  from the date of birth, shall be registered using the electronic birth
				  registration system in the manner prescribed in North Dakota Century Code
				  section 23-02.1-13. Such records shall not be marked "delayed".
If the record is signed by someone other than the attendant,
				  a notarized statement setting forth the reason therefore must accompany the
				  record. The state registrar may require additional evidence in support of the
				  facts of birth or an explanation for the delay in filing.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-02 - Delayed record of birth form

Current through Supplement No. 393, July, 2024
All records registered one year or more after the date of
				  the birth are to be registered on a form prescribed by the state registrar.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-03 - Who may request the registration of and sign a delayed record of birth

Current through Supplement No. 393, July, 2024
Any person born in this state whose birth is not recorded in
				  this state, or the person's parent, guardian, next of kin, or an authorized
				  representative may request the registration of a delayed record of birth,
				  subject to these rules and instructions issued by the state registrar.
Each delayed record of birth shall be signed and sworn to
				  before an official authorized to administer oaths by the person whose birth is
				  to be registered if such person is of legal age and is competent to sign and
				  swear to the accuracy of the facts stated therein; otherwise the record shall
				  be signed and sworn to by one of the following in the indicated order of
				  priority:
1. One of the parents of
				the registrant.
2. The guardian of
				the registrant.
3. The next of kin
				of the registrant.
4. An
				authorized representative.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-04 - Facts to be established for a delayed registration of birth

Current through Supplement No. 393, July, 2024
The minimum facts which must be established by documentary
				  evidence shall be all of the following:
1. The full name of the person at the time of
				birth.
2. The date of birth and
				the place of the birth.
3. The
				full maiden name of the mother.
4.
				The full name of the father; except that if the mother was not married to the
				father of the child either at the time of conception or birth, the name of the
				father shall not be entered on the delayed record unless otherwise determined
				in a court paternity action, or unless an acknowledgment of paternity signed by
				both parents is received stating the surname of the child to be the legal
				surname of the mother or father
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-05 - Delayed registration following a legal change of status

Current through Supplement No. 393, July, 2024
When evidence is presented reflecting a legal change of
				  status by adoption, legitimation, paternity determination, or acknowledgment of
				  paternity, a new delayed record may be established to reflect such changes.
The existing record and evidence upon which the new record
				  was based shall be placed in a special file. Such files shall not be open to
				  inspection except upon order of a court of competent jurisdiction or by the
				  state registrar for purposes of properly administering the vital records
				  registration program.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-06 - Documentary evidence - Requirements

Current through Supplement No. 393, July, 2024
To be acceptable for filing, the name of the registrant and
				  date and place of birth entered on the delayed record of birth shall be
				  supported by at least:
1. Two pieces
				of documentary evidence, only one of which may be an affidavit of personal
				knowledge, if the record is filed within seven years after the date of birth.
2. Three pieces of documentary
				evidence, only one of which may be an affidavit of personal knowledge, if the
				record is filed seven years or more after the date of birth.
Facts of parentage need be supported by only one document
				  which may be one of the documents above other than the affidavit of personal
				  knowledge.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-07 - Documentary evidence - Acceptability

Current through Supplement No. 393, July, 2024
The state registrar may establish a priority of best
				  evidence.
All documents submitted in evidence, other than an affidavit
				  of personal knowledge, must have been established at least ten years prior to
				  the date of application and at least one of those documents must have been
				  established prior to the applicant's tenth birthday.
An affidavit of personal knowledge, to be acceptable, must
				  be prepared by one of the parents, the next of kin, or any older person and
				  must be signed before an official authorized to administer oaths. The affiant
				  must be at least ten years older than the applicant, except that if the affiant
				  is a member of the applicant's immediate family, the affiant need only be at
				  least four years older than the applicant, and have personal knowledge of the
				  facts of birth.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-08 - Abstraction of documentary evidence

Current through Supplement No. 393, July, 2024
The state registrar, or the state registrar's designated
				  representative, shall abstract on the delayed record of birth a description of
				  each document submitted to support the facts shown on the delayed birth record.
				  The description shall include:
1. The
				title or description of the document.
2. The name and address of the affiant, if
				the document is an affidavit of personal knowledge, or of the custodian, if the
				document is an original or certified copy of a record or signed statement.
3. The date of the original filing
				of the document being abstracted.
4. The information regarding the birth facts
				contained within the document.
All documents submitted in support of the delayed birth
				  registration shall be returned to the applicant after review and abstraction.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-09 - Certification by the state registrar

Current through Supplement No. 393, July, 2024
The state registrar, or the state registrar's designated
				  representative, shall, by the state registrar's signature, certify:
1. That no prior birth record is on file for
				the person whose birth is to be recorded.
2. That the state registrar has reviewed the
				evidence submitted to establish the facts of birth.
3. That the abstract of the evidence
				appearing on the delayed record of birth accurately reflects the nature and the
				content of the document.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-06 - Delayed Registration of Births › Section 33-04-06-10 - Dismissal after two years

Current through Supplement No. 393, July, 2024
Applications for delayed records of birth which have not
				  been completed within two years from the date of application may be dismissed
				  at the discretion of the state registrar.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-07 - Delayed Registration of Death › Section 33-04-07-01 - General provisions

Current through Supplement No. 393, July, 2024
The registration of a death after the time prescribed by
				  statute and regulations shall be registered on the standard record of death
				  form in the manner prescribed below:
1. If the attending physician or coroner at
				the time of death and the attending funeral director or person who acted as
				such are available to complete and sign the record of death, it may be
				completed without additional evidence and filed with the state registrar.
				However, for those records filed one year or more after the date of death, the
				physician or coroner and the funeral director or person who acted as such must
				state in accompanying affidavits that the information on the record is based on
				records kept in their files.
2. In
				the absence of the attending physician or coroner and the funeral director or
				the person who acted as such, the record may be filed by the next of kin of the
				deceased and shall be accompanied by:
a. An
				affidavit of the person filing the record swearing to the accuracy of the
				information on the record.
b. Two
				documents which identify the deceased and the deceased's date and place of
				death.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-08 - New Records of Birth Following Adoption, Legitimation, and Paternity Determination › Section 33-04-08-01 - Adoption in other states or a foreign nation

Current through Supplement No. 393, July, 2024
A new record of birth may be prepared by the state registrar
				  for a child born in this state upon receipt of an adoption report or certified
				  copy of an adoption decree made by a court of competent jurisdiction.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-08 - New Records of Birth Following Adoption, Legitimation, and Paternity Determination › Section 33-04-08-02 - Legitimation

Current through Supplement No. 393, July, 2024
If the natural parents marry after the birth of a child, a
				  new record of birth shall be prepared by the state registrar for a child born
				  in this state upon receipt of an acknowledgment of paternity signed by the
				  natural parents of the child or a certified copy of a court determination of
				  paternity made by a court of competent jurisdiction, together with a certified
				  copy of the parents' marriage record. However, if another man is shown as the
				  father of the child on the original record, a new record may be prepared only
				  when a court determination of paternity has been made by a court of competent
				  jurisdiction.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-08 - New Records of Birth Following Adoption, Legitimation, and Paternity Determination › Section 33-04-08-03 - Determination of paternity

Current through Supplement No. 393, July, 2024
A new record of birth may be prepared by the state registrar
				  for a child born in this state upon receipt of a certified copy of a court
				  determination of paternity, together with a request from the natural mother or
				  person having legal custody of the child that such new record be prepared. The
				  surname of the child shall remain unchanged unless the decree provides
				  otherwise.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-08 - New Records of Birth Following Adoption, Legitimation, and Paternity Determination › Section 33-04-08-04 - New record

Current through Supplement No. 393, July, 2024
The new certificate of birth shall be on the form in use at
				  the time of its preparation and shall include the following items of
				  information and such other information necessary to complete the certificate:
1. The name of the child.
2. The date and place of birth as transcribed
				from the original certificate.
3.
				The names and personal particulars of the adoptive parents or of the natural
				parents.
4. The name of the
				attendant, printed or typed.
5.
				The same birth number as was assigned to the original certificate.
6. The original filing date.
The necessary data to locate the existing certificate and
				  the data necessary to complete the new certificate shall be submitted to the
				  state registrar on forms prescribed and approved by the state registrar.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-08 - New Records of Birth Following Adoption, Legitimation, and Paternity Determination › Section 33-04-08-05 - Existing record to be placed in special file

Current through Supplement No. 393, July, 2024
After preparation of a new certificate of birth, the
				  existing certificate and the evidence upon which the new certificate was based
				  are to be placed in a special file. The state registrar may inspect such
				  information for purposes of properly administering the vital records
				  registration program. No other inspection shall be permitted except as provided
				  by order of a court of competent jurisdiction.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-09 - Death Registration › Section 33-04-09-01 - Acceptance of incomplete death record - Delayed record of cause of death

Current through Supplement No. 393, July, 2024
If the attending physician or coroner is unable to complete
				  the medical certification of cause of death or if the funeral director is
				  unable to obtain the personal information about the deceased within the
				  prescribed period, the funeral director shall file a death record with all
				  available information completed. Such records shall be the authority for the
				  subregistrar to issue a burial transit permit.
A supplemental report providing the information missing from
				  the original record shall be filed with the state registrar as soon as is
				  possible, but in all cases within thirty days.
The supplemental report shall be made a part of the existing
				  death record. Such reports shall not be considered an amendment, and the death
				  record shall not be marked "amended".
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-19
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-09 - Death Registration › Section 33-04-09-02 - Attending physician not available

Current through Supplement No. 393, July, 2024
An associate physician who relieves the attending physician
				  while the attending physician is on vacation or otherwise unavailable may
				  certify to the cause of death in any case where the associate physician has
				  access to the medical history of the case, provided that the associate
				  physician views the deceased at or after death and that the death is from
				  natural causes. In all other cases in which a physician is unavailable, the
				  coroner shall prepare and file the medical certification of cause of death.
General Authority:
NDCC 23-02.1-04, 28-32-02
Law Implemented:
NDCC
				  23-02.1-19(3)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-09 - Death Registration › Section 33-04-09-03 - Hospital or institution may assist in preparation of record

Current through Supplement No. 393, July, 2024
When a death occurs in a hospital or other institution and
				  the death is not under the jurisdiction of the coroner, the person in charge of
				  such institution, or the person's designated representative, may, when the
				  cause of death is known, initiate the preparation of the death record by all of
				  the following:
1. Place the full name
				of the deceased and the date and the place of death on the death record and
				obtain from the attending physician the medical certification of the cause of
				death and the physician's signature.
2. Present the partially completed death
				record to the funeral director or person acting as such.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-19
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-10 - Permits › Section 33-04-10-01 - Hospital disposition of fetus

Current through Supplement No. 393, July, 2024
A hospital, by written authorization of the parents, may
				  dispose of a dead fetus of any period of gestation. A burial-transit permit
				  must also be obtained from the state registrar for the disposition of a fetus
				  if the fetus has reached gestation period of twenty completed weeks. The
				  hospital must file the completed burial-transit permit with the county recorder
				  in the registration district where the final disposition takes place.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-10 - Permits › Section 33-04-10-02 - Removal of body

Current through Supplement No. 393, July, 2024
1.
Requirements for removal of body.
Before removing a dead body or
				fetus from the place of death, the funeral director or person acting as such
				shall:
a. Obtain assurances from the
				attending physician that death is from natural causes and that the physician
				will assume responsibility for certifying to the cause of death or fetal death;
				or
b. Contact the coroner if the
				case comes within the coroner's jurisdiction and receive authorization from the
				coroner to remove the body.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-10 - Permits › Section 33-04-10-03 - Disposal of permits

Current through Supplement No. 393, July, 2024
Burial-transit permits must be retained permanently by the
				  county recorder.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-10 - Permits › Section 33-04-10-04 - Disinterment permits

Current through Supplement No. 393, July, 2024
A disinterment permit shall be issued by the state registrar
				  upon receipt of a written application signed by the next of kin and licensed
				  embalmer who is in charge of the disinterment or upon receipt of an order of a
				  court of competent jurisdiction directing such disinterment. Upon receipt of a
				  court order or signed permission of the next of kin, the state registrar may
				  issue one permit to authorize the disinterment and reinterment of all remains
				  in a mass disinterment provided that insofar as possible the remains of each
				  body be identified and place of disinterment and reinterment be specified. The
				  disinterment permit shall be the authorization for disinterment,
				  transportation, and reinterment.
A dead body properly prepared by an embalmer and deposited
				  in a receiving vault shall not be considered a disinterment when removed from
				  the vault for final burial.
General Authority:
NDCC 23-02.1-04, 28-32-02
Law Implemented:
NDCC 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-11 - Extension of Time › Section 33-04-11-01 - General provisions

Current through Supplement No. 393, July, 2024
1. Wiien for
				reasons satisfactory to the state registrar a death or fetal death record
				cannot be completed within the time period specified by North Dakota Century
				Code sections 23-02.1-19 and 23-02.1-20, the state registrar may grant an
				extension.
2. The subregistrar may
				issue a burial-transit permit once the facts of death are filed with the state
				registrar.
3. In all cases, a
				completed death record must be filed with the state registrar after a period of
				no more than thirty days after an extension has been granted.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-22