reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-41 - Tattoo and Body Art › Chapter 33-41-01 - Tattoo and Body Art › Section 33-41-01-14 - Enforcement

Current through Supplement No. 393, July, 2024
1. It is a class B misdemeanor for
				establishments that continue to operate without proper permits from the
				department or operate in violation of these regulations.
2. A representative of the department shall
				provide proper identification as such before entering a body art establishment
				to make an inspection. Such an inspection must be conducted as often as
				necessary throughout the year to ensure compliance with this code.
3. It is unlawful for any person to interfere
				with the department in the performance of its duties.
4. A copy of the inspection report must be
				furnished to the licenseholder or operator of the body art establishment, with
				the department retaining possession of the original.
5. If, after investigation, the department
				should find that a licensee is in violation of this code, the department may
				advise the licensee, in writing, of its findings and instruct the licensee to
				take specific steps to correct such violations within a reasonable period of
				time.
6. If the department has
				reasonable cause to suspect that a communicable disease is or may be
				transmitted by an operator, by use of unapproved or malfunctioning equipment,
				or by unsanitary or unsafe conditions that may adversely affect the health of
				the public, upon written notice to the owner or operator, the department may do
				any or all of the following:
a. Issue an
				order excluding any or all operators from the licensed body art establishment
				who are responsible, or reasonably appear responsible, for the transmission of
				a communicable disease until the department determines there is no further risk
				to public health.
b. Issue an
				order to immediately suspend the license of the establishment until the
				department determines there is no further risk to the public health. Such an
				order shall state the cause for the action.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-01 - Applicability

Current through Supplement No. 393, July, 2024
This chapter applies to all persons who possess or operate
				  tanning devices available to the public for the purpose of artificial light
				  skin tanning, including those offered for use as part of a membership or
				  premium offer in a health club, condominium, apartment complex activity center,
				  or hotel or motel rental.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this article have the same meaning
				  as in North Dakota Century Code chapter 23-39 except:
1. "Applicant" means any person who applies to the department
				  for a license to operate a tanning facility.
2. "Customer" means any member of the public who is provided
				  access to a tanning device in exchange for a fee or other compensation, or any
				  individual who, in exchange for a fee or other compensation, is afforded use of
				  a tanning device as a benefit of membership in or access to a health club,
				  condominium ownership, apartment complex activity center, hotel or motel room
				  rental, or other offer.
3. "Department" means the state department of health.
4. "operator" means an individual designated by the
				  licenseholder to manage the tanning facility and to assist and instruct the
				  public in the correct operation of the tanning devices.
5. "Person" means any individual, corporation, partnership,
				  firm, association, trust, estate, public or private institution, group or
				  agency, or a representative or agent of any of these.
6. "Protective eyewear" means any apparatus designed to be
				  worn over the eyes by a user of tanning devices which absorbs all UV-A, UV-B,
				  and visible light up to five hundred nanometers but permits sufficient light to
				  pass through to allow a user to safely negotiate obstacles, and that complies
				  with the standards set forth in
				  21 CFR
				  1040.20.
7. "Radiation" means ultraviolet radiation.
8. "Ultraviolet radiation" means electromagnetic radiation
				  with a wavelength in air of two hundred to four hundred nanometers.
9. "UV-A" means ultraviolet radiation having a wavelength in
				  air of three hundred twenty to four hundred nanometers.
10. "UV-B" means ultraviolet radiation having a wavelength in
				  air of two hundred ninety to three hundred twenty nanometers.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-03 - Advertising

Current through Supplement No. 393, July, 2024
1. No tanning facility may state in any
				advertising, written or verbal, that tanning is free of hazards from
				ultraviolet radiation or has any health benefits other than those recognized by
				a credible scientific or medical source.
2. No person may state or imply that any
				activity under a license has been approved by the department.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-04 - Warning sign

Current through Supplement No. 393, July, 2024
1.
Location
				and content.
Tanning facilities shall prominently display a warning sign
				in each area where a tanning device is used. A sign shall be located within one
				meter of each device. The sign shall be readily legible, clearly visible, and
				not obstructed by any barrier, equipment, or other item present so that the
				customer can easily view the warning sign before turning on the tanning device.
2.
Lettering.
The
				lettering on each warning sign shall be at least five millimeters high for the
				word "WARNING", All capital letters shall be at least five millimeters high and
				all lowercase letters shall be at least three millimeters high. The warning
				sign must contain the following warnings:
WARNING
DANGER - ULTRAVIOLET RADIATION
Follow Instructions.
Avoid too frequent or too lengthy exposure. Like
							 exposure to the sun, use of a tanning device can cause eye and skin injury and
							 allergic reactions. Repeated exposure can cause chronic sun damage, which is
							 characterized by wrinkling, dryness, fragility and bruising of the skin, and
							 skin cancer.
WEAR FOOD AND DRUG ADMINISTRATION-APPROVED
							 PROTECTIVE EYEWEAR. FAILURE TO WEAR PROTECTIVE EYEWEAR MAY RESULT IN SEVERE
							 BURNS OR LONG-TERM INJURY TO THE EYES.
Ultraviolet radiation from tanning devices will
							 aggravate the effects of the sun, so do not sunbathe during the twenty-four
							 hours immediately preceding or immediately following the use of a tanning
							 device.
Medications and cosmetics may increase your
							 sensitivity to ultraviolet radiation. Consult a physician before using a
							 tanning device if you are using medications, have a history of skin problems,
							 or believe that you are especially sensitive to sunlight. Women who are
							 pregnant or using birth control pills and who use a tanning device may develop
							 discolored skin.
If your skin does not tan when exposed to sun, it is
							 unlikely that your skin will tan when exposed to this tanning device.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-05 - Lamp replacement

Current through Supplement No. 393, July, 2024
1. The
				tanning facility shall maintain a record of the dates on which the tubes,
				bulbs, or lamps were replaced.
2.
				The tubes, bulbs, or lamps shall be replaced at the frequency recommended by
				the manufacturer or when the tubes, bulbs, or lamps become damaged or
				defective. A replacement lamp for a tanning unit shall be compatible with the
				original lamp as specified by the manufacturer of the unit or shall be
				substantially equivalent to the manufacturer's original lamp type. In this
				subsection, "substantially equivalent" means within ten percent of the UV-B
				emission of the original lamp and meeting the performance requirements of the
				United States food and drug administration in
				21 CFR
				1040.20(c)(1).
3. The facility shall maintain the device
				manufacturer's literature indicating the rating, output, or intensity of the
				tube, lamp, or bulb required for replacement.
4. No tube, bulb, or lamp designated for
				medical use only may be used.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-06 - Duties of the operator

Current through Supplement No. 393, July, 2024
1. Use only
				tanning equipment manufactured and certified to comply with 21 CFR part 1040,
				section 1040.20, "sunlamp products and ultraviolet lamps intended for use in
				sunlamp products", in tanning facilities. Compliance shall be based on the
				standard in effect at the time of manufacture as shown on the device
				identification label required by 21 CFR part 1010 section 1010.3.
2. Use only tanning equipment that has a
				timer which complies with the requirements of 21 CFR part 1040, section
				1040.20(c)(2). The timer shall be incorporated in the tanning device. The
				maximum timer interval shall not exceed the manufacturer's maximum recommended
				exposure time.
3. Ensure that
				protective acrylic sheets are in place when a tanning device is in use, except
				that the protect acrylic may be sleeves over the lamps in the upper portion of
				a device or over lamps in booth devices.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-07 - Cleanliness and sanitation

Current through Supplement No. 393, July, 2024
1. Walls,
				floors, and fixtures shall be kept clean at all times in the entire facility.
2. No article or equipment shall
				be used or offered for use by a patron unless that article has first been
				cleaned with an environmental protection agency-approved sanitizer. A test kit
				or other device that accurately measures the concentration of the sanitizing
				solution in parts per million shall be used to measure the strength of the
				sanitizing solution when the concentrate and water dilution is initially
				prepared and at least daily thereafter to ensure sufficient strength of the
				sanitizing solution.
3. Paper
				towels or a clean cloth towel shall be provided. If reusable cloth towels are
				provided, they shall be mechanically washed with detergent and mechanically
				dried after each use. The cloth towels must be stored in a dry, clean
				environment until used.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-08 - Reports of injury

Current through Supplement No. 393, July, 2024
If a customer of a tanning facility reports a sunburn injury
				  to that facility resulting from the use of its tanning device, the owner shall
				  provide the customer with written information on how to report the alleged
				  injury to the department on a form prescribed by the department. The report
				  shall be sent to the department as soon as possible and shall include:
1. The name of the affected individual and
				date of the actual or alleged injury.
2. The name and location of the tanning
				facility.
3. The nature of the
				alleged injury and duration of the tanning exposure.
4. Information on the device involved, such
				as manufacturer and model number and any other information considered relevant
				to the situation.
5. The name and
				address of the health care provider and treatment, if any.
General Authority: NDCC 23-39-07
Law Implemented: NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-09 - Recordkeeping

Current through Supplement No. 393, July, 2024
1. The operator of a tanning facility shall
				maintain the following records:
a. Each
				customer's total number of tanning visits and dates and duration of tanning
				exposure.
b. Each customer's
				signature and acknowledgment that the customer has read and understands the
				written notice as required in subsection 2 of section 23-39-03 of the North
				Dakota Century Code and the warning sign as prescribed in section
				33-42-01-04 of this chapter.
c. Each parental or legal
				guardian's written consent for customers under eighteen years of age as
				required in subdivision a of subsection 1 of section 23-39-05 of the North
				Dakota Century Code.
All customer records shall be maintained for three years
				  after the last tanning visit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-10 - Permits - Licenses

Current through Supplement No. 393, July, 2024
A person may not operate a tanning facility without a license
				  issued by the department. The department will conduct a preoperational
				  inspection prior to initial licensure or changes in ownership to insure
				  operator compliance and understanding of all laws and regulations. License
				  renewals must be submitted to the department during December every year. An
				  additional amount of fifty percent of the license fee must be imposed upon
				  renewal if the license was not renewed before February first following the
				  expiration date. A reduced license fee in the amount of one-half of the
				  applicable license fee must be charged for a new facility that begins operation
				  after July first of each year. Licenses are not transferable. The annual
				  license fee for a tanning facility containing one to five tanning beds is
				  seventy-five dollars plus ten dollars per bed and one hundred fifty dollars for
				  facilities with more than five beds.
General Authority:
NDCC 23-39-07
Law Implemented:
NDCC
					 23-39-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-42 - Tanning Facilities › Chapter 33-42-01 - Tanning Facilities › Section 33-42-01-11 - Denial, suspension, or revocation of license

Current through Supplement No. 393, July, 2024
1. The department may deny issuance of a
				license or suspend or revoke a license issued under this chapter if the
				applicant or licenseholder does not comply with or violates chapter 23-39 of
				the North Dakota Century Code or any provision of this chapter or if the
				applicant or licenseholder does any of the following:
a. Submits false or misleading information in
				the application or in reports.
b.
				Fails to construct, operate, or maintain the tanning facility in accordance
				with the application.
c. Operates
				the tanning facility in a way that causes or creates a nuisance or hazard to
				the public health or safety.
d.
				Violates any condition upon which the license was issued.
e. Fails to allow the department or a duly
				authorized agent to inspect the facility at a reasonable hour and in a
				reasonable manner for the purpose of determining compliance with this chapter.
f. Fails to pay the license fee.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-02 - Conflict with federal requirements

Current through Supplement No. 393, July, 2024
If any part of this chapter is found to conflict with
				  federal requirements, the more stringent shall apply. Such as finding or
				  determination shall be made by the department and shall not affect the
				  remainder of this chapter.
General Authority: NDCC 23-01-03, 23-01-11, 23-44-02
Law Implemented: NDCC 23-01-11,
					 23-44-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-03 - Responsibilities of training programs for screening of potential students

Current through Supplement No. 393, July, 2024
1. Certified nurse aide, home health aide,
				nurse aide, and medication assistant training programs must screen potential
				students or individuals seeking entry into a training program. This screening
				should be completed prior to beginning the training program and should occur in
				sufficient advance of the training to minimize delays and allow for changes in
				career choices in a timely manner.
2. Those applicants with a history including
				conviction of a crime substantially related to the qualification, functions, or
				duties of a certified nurse aide, home health aide, nurse aide, or medication
				assistant or a finding on a state nurse aide registry or federal registry
				should be informed they might not be allowed to begin the training program or
				take the test without providing specific information relating to their
				background, criminal history, or impairment.
3. The training program is responsible to
				provide sufficient screening to identify those individuals that would be a risk
				to the vulnerable populations served by the certified nurse aide, home health
				aide, nurse aide, or medication assistant and to submit that information to the
				department for review prior to entering the individual into a program.
General Authority: NDCC 23-44-02
Law Implemented: NDCC
					 23-44-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-04 - Nurse aide training program requirements

Current through Supplement No. 393, July, 2024
1. Any individual employed by a nursing
				facility to provide nursing or nursing-related services who is not a licensed
				nurse or volunteer or pursuing nurse aide certification and entry on the nurse
				aide registry must successfully complete a department-approved certified nurse
				aide training program consisting of a minimum of seventy-five hours and a
				department-approved competency evaluation or a department-approved competency
				evaluation.
a. The certified nursing aide
				training program must be under the general supervision of a qualified
				instructor.
(1) A qualified instructor for
				certified nurse aide training is 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.
(2) Instructors must have completed a course
				in teaching adults or have experience in teaching adults or supervising nurse
				aides.
(3) In a nursing
				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.
(4) Other health-related
				professionals who have a minimum of one-year experience in their field may
				supplement the instructor.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-05 - Nurse aide competency evaluation

Current through Supplement No. 393, July, 2024
1.
				Any individual employed by a nursing facility to provide nursing or
				nursing-related services, who is not a licensed nurse or volunteer, must
				successfully complete a department-approved certified nurse aide competency
				evaluation program to be eligible to apply to be placed on the department's
				nurse aide registry.
a. The
				department-approved certified nurse aide competency evaluation program must
				allow a nurse aide the option of establishing competency through written or
				oral and manual skills examination.
b. The written or oral examination must
				address all areas required in the department-approved training program.
c. The written or oral examination
				must be developed from a pool of test questions, only a portion of which may be
				utilized in any one examination.
d. The competency evaluation program must
				include a demonstration of the randomly selected tasks the individual will be
				expected to perform as part of the individual's function as a nurse aide.
e. The competency evaluation
				program must provide for a system that prevents disclosure of both pool
				questions and the individual competency evaluations.
f. The competency evaluation program must
				ensure that nurse aides employed by or having an offer of employment from a
				facility are not charged for any portion of the competency evaluation program.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-06 - Administration of nurse aide competency evaluation programs

Current through Supplement No. 393, July, 2024
1. A certified nurse aide competency
				evaluation must be administered and evaluated by the department or a
				department-approved entity that is not a nursing facility licensed by the
				department.
a. The entity that administers
				the competency evaluation must advise the individual in advance that a record
				of the successful or unsuccessful completion of the evaluation will be included
				on the department's nurse aide registry.
b. The skills demonstration portion of the
				test must be administered in the facility or laboratory setting comparable to
				the setting in which the individual will function.
c. The skills demonstration portion of the
				test must be administered and evaluated by a registered nurse with at least one
				year of experience in providing care for the elderly or chronically ill of any
				age.
d. The department may permit
				the written or oral examination to be proctored by facility personnel if the
				department determines that the procedure adopted assures the competency
				evaluation is:
(1) Secure from tampering.
(2) Standardized and scored by a
				testing, educational, or other organization approved by the department.
(3) Exempt from any scoring by
				facility personnel.
e.
				The department shall retract the right to proctor nurse aide competency
				evaluations from facilities in which the department finds any evidence of
				impropriety, including tampering by facility personnel.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-07 - Withdrawal and approval of nurse aide training program status

Current through Supplement No. 393, July, 2024
1. Certified nurse aide training program
				status withdrawal and approval of status is as follows:
a. The department shall withdraw approval of
				a nursing facility-based certified nurse aide training program when a
				determination has been made that the facility has been found to be out of
				compliance with significant federal certification or state licensure
				requirements. The facility may apply for reinstatement after providing evidence
				of remaining in compliance with significant requirements for a period of
				twenty-four consecutive months.
b.
				The department shall withdraw approval of a certified nurse aide training and
				competency evaluation program if the entity providing the program refuses to
				permit announced or unannounced visits by the department to ascertain
				compliance with program requirements.
c. Approval of a nurse aide training and
				competency evaluation program shall be granted by the department for a period
				not to exceed two years.
d. The
				department may approve only those certified nurse aide training programs that
				meet the requirements in subsection 1 of section
				33-43-01-04.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-08 - Completion of the nurse aide competency evaluation program

Current through Supplement No. 393, July, 2024
1. To complete the competency evaluation
				successfully the individual shall, at a minimum, successfully complete the
				competencies in subsection 1, 2, or 3 of section
				33-43-01-05.
2. A record of successful completion of the
				competency evaluation for individuals seeking registration as a certified nurse
				aide, home health aide, or nurse aide must be included in the nurse aide
				registry within fourteen days of the date the individual was found to be
				competent.
3. If the individual
				fails to complete the evaluation satisfactorily, the competency evaluation
				program must advise the individual of the areas of which the individual was
				adequate or inadequate, and that the individual has not more than three
				opportunities to take the competency evaluation.
4. If the individual seeking registration
				fails the competency evaluation on the third attempt, the individual must
				enroll in and complete a department-approved certified nurse aide training
				program, home health aide training program, or nurse aide training program
				prior to taking the competency evaluation again.
General Authority: NDCC 23-17.3-08, 23-44-02
Law Implemented: NDCC 23-17.3-05, 23-17.3-08,
					 23-44-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-09 - Registry information

Current through Supplement No. 393, July, 2024
1. The
				department is responsible for the entering of individual names on the nurse
				aide registry upon receipt of information verifying completion of a
				department-approved certified nurse aide training and competency evaluation
				program or a department-approved certified nurse aide competency evaluation
				program, a home health aide training and competency evaluation program or a
				home health aide competency evaluation program, or a nurse aide competency
				evaluation program.
2. Upon the
				completion of a department-approved medication assistant I competency
				evaluation program by a certified nurse aide or nurse aide, or
				department-approved medication assistant II competency evaluation program by a
				certified nurse aide and application to the department, the department will add
				information to the certified nurse aide or nurse aide's registry listing
				verifying the completion of the medication assistant I or II program.
3. Information included on the
				registry must include name, address, social security number, birth date,
				registry categories, the date the nurse aide became eligible for entry on the
				registry, and the place of employment. The social security number will not be
				included in registry information released to the public.
4. The department shall include documentation
				of validated findings of abuse, neglect, misappropriation of resident property,
				or other misconduct by the certified nurse aide, home health aide, or nurse
				aide or medication assistant I or II on the registry when validated by the
				department.
5. Certified nurse
				aide applicants for the nurse aide registry who submit proof of meeting the
				requirements of another jurisdiction will be granted reciprocity and entered on
				the nurse aide registry and may use the title "certified nurse aide". The
				individual must meet North Dakota requirements for active registry status.
6. Nurse aides meeting the waiver
				provisions of twenty-four months of continuous employment as a nurse aide prior
				to December 19, 1989, granted by the department will be listed on the registry
				with a special designation. This designation will signify the nurse aide has
				been waived from training and testing requirements but is not certified.
General Authority: NDCC 23-01-11, 23-17.3-08, 23-44-02
Law Implemented: NDCC 23-01-11, 23-17.3-08,
					 23-44-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-10 - Disclosure of information

Current through Supplement No. 393, July, 2024
1.
				Information contained in the registry will be disclosable to any medicare or
				medicaid participating facility, nursing facility, home health agency,
				hospital, basic care facility, assisted living facility, ombudsman, other
				representative of an official agency, or other individuals requesting
				information, upon request.
2. Upon
				request, the department shall provide the requester with the following
				information regarding individuals on the registry:
a. The date the individual's name was
				eligible for entry on the registry.
b. Any documented validated findings of
				abuse, neglect, misappropriation, or other misconduct, including the nature of
				the allegation and summary of the evidence supporting the validated finding,
				the date and outcome of hearing if one occurred, and any statement by the
				individual disputing the allegation that led to the validated finding.
c. Any additional information that
				the department deems necessary.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-11 - Initial certified nurse aide, home health aide, and nurse aide registration and renewal

Current through Supplement No. 393, July, 2024
Individuals may not be employed to provide nursing or
				  nursing-related services as a certified nurse aide, home health aide, or nurse
				  aide, or hold themselves out to be a certified nurse aide, home health aide, or
				  nurse aide unless the individual is registered on the department's nurse aide
				  registry according to this chapter.
1. An individual who applies for initial
				registry status as a certified nurse aide shall submit a completed certified
				nurse aide application and verification of successful completion of a
				department-approved certified nurse aide training and competency evaluation
				program or competency evaluation program. Upon receipt and review for approval
				of the required information, the individual will be placed on the department's
				registry with a designation of certified nurse aide.
a. An individual who is enrolled in a
				department-approved certified nurse aide training and competency evaluation
				program may be employed to perform nursing or nursing-related services under
				the supervision of a licensed nurse for no more than four months without
				obtaining registry status.
b. An
				individual who is not a licensed nurse who is not enrolled in a
				department-approved certified nurse aide training program may not be employed
				in a nursing facility to provide nursing or nursing-related services until the
				individual obtains registry status as a certified nurse aide.
c. Individuals who have met the requirements
				for registry listing as a certified nurse aide in other states, have a current
				registry status, and no validated finding may be endorsed onto the department's
				registry as a certified nurse aide.
d. Registry status is limited to twenty-four
				months. Upon receipt of a completed certified nurse aide renewal application,
				and verification of employment within the immediate past twenty-four months,
				the certified nurse aide registry status will be updated to indicate current
				status.
e. A certified nurse aide
				who has not performed at least eight hours of nursing or nursing-related
				services for pay within a continuous twenty-four-month period shall complete a
				department-approved training and competency evaluation program or a
				department-approved competency evaluation to renew current registry status.
f. An individual seeking initial
				certified nurse aide registry status or registry renewal as a certified nurse
				aide on the department's nurse aide registry may not be charged a fee.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-12 - Supervision and delegation of nursing interventions

Current through Supplement No. 393, July, 2024
An individual on the department's nurse aide registry may
				  perform nursing interventions which have been delegated by a licensed nurse. An
				  individual on the department's nurse aide registry as delegated and supervised
				  by a licensed nurse:
1. Contributes
				to the assessment of the health status of clients, including interactions of
				clients with family members or group members by:
a. Collecting basic subjective and objective
				data from observations and interviews, including taking vital signs; and
b. Reporting and recording the
				collected data.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-13 - Medication assistant requirements for supervision

Current through Supplement No. 393, July, 2024
An individual on the department's nurse aide registry may
				  perform medication administration that has been delegated by a licensed nurse.
1. In a nursing facility, the
				medication assistant may perform medication assistance only when a licensed
				nurse is on the unit and available for immediate direction.
2. In a health care facility where the
				licensed nurse delegates the intervention of giving medications to another
				individual, the individual on the department's nurse aide's registry may
				perform the delegated medication assistance only when a licensed nurse is
				available for direction.
3. In any
				other setting where the licensed nurse delegates the intervention of medication
				administration to another individual, the individual on the department's nurse
				aide registry may perform the delegated medication administration only if the
				licensed nurse has established in writing the process for providing the
				supervision in order to provide safeguards for the individual receiving the
				medication.
4. Individuals on the
				department's nurse aide registry may not be delegated to or perform medication
				administration in acute care settings or for individuals with unstable or
				changing nursing care needs.
5.
				The medication assistant requirements in this chapter do not apply to an
				individual who provides medication administration that is not registered under
				this chapter and is:
a. Within a correctional
				facility, in compliance with North Dakota Century Code section 12-44.1-29;
b. Within a psychiatric
				residential treatment facility for children licensed under North Dakota Century
				Code chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;
c. Within a treatment or care
				center for intellectual or developmentally disabled persons licensed under
				North Dakota Century Code chapter 25-16;
d. Within a group home, a residential child
				care facility, or an adult foster care facility licensed under North Dakota
				Century Code section 50-11-01 or North Dakota Administrative Code 75-03-16;
e. Within the development center
				at Westwood Park, Grafton, to the extent the individual who provides
				medications is a direct training technician or a vocational training technician
				as approved by the department of human services; or
f. Within a human service center licensed
				under North Dakota Century Code chapter 50-06.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-14 - Medication assistant I training and competency evaluation program requirements

Current through Supplement No. 393, July, 2024
The medication assistant I program requirements are
				  applicable to settings in which a licensed nurse is not regularly scheduled and
				  provides direct or indirect supervision. The medication assistant I program
				  consists of the theoretical concepts of medication administration and
				  supervised clinical administration of medication. The curriculum must meet the
				  requirements established by the department and include at a minimum:
1. Instructor. A registered nurse is
				responsible for the development of the theory, the laboratory or clinical
				component, and supervision of the medication assistant training program.
2. Course objectives. Described in
				terms of student outcome competencies, including the following:
a. Utilize the principles of safety in the
				administration of medication;
b.
				Define terms related to the administration of medications;
c. Correctly interpret abbreviations commonly
				used in administration of medication;
d. Know and apply laws related to medication
				administration;
e. Keep accurate
				records; and
f. Identify legal
				parameters of the medication assistant role.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-15 - Medication assistant II training and competency evaluation program requirements

Current through Supplement No. 393, July, 2024
The medication assistant II program requirements are
				  applicable to settings in which a licensed nurse may or may not be regularly
				  scheduled. The medication assistant II program consists of a minimal timeframe,
				  including forty hours of theory, eight hours of laboratory, and thirty-two
				  hours of clinical learning experience. The curriculum must meet the
				  requirements in this section, and include at a minimum:
1. Instructor. A registered nurse is
				responsible for the development of the theory, laboratory component, and
				supervision of the medication assistant II program. All medication
				administration as a part of the clinical learning experience must be supervised
				by a licensed nurse.
2. Course
				objectives. Described in terms of student outcome competencies, including the
				following:
a. Utilize the principles of
				safety in the administration of medications;
b. Define terms related to the administration
				of medications;
c. Correctly
				interpret abbreviations commonly used in administration of medications;
d. Know and apply laws related to
				medication administration;
e. Keep
				accurate records; and
f. Identify
				legal parameters of the medication assistant role.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-16 - Specific delegation of medication administration

Current through Supplement No. 393, July, 2024
An individual on the department's nurse aide registry may
				  accept the delegation of the delivery of specific medication for a specific
				  client by a licensed nurse if the following steps are followed:
1. The individual on the department's nurse
				aide registry must receive the organization procedural guidelines for the
				certified nurse aide, home health aide, nurse aide, or medication assistant I
				or II to follow in the administration of medication by specific delegation.
2. The individual on the
				department's nurse aide is taught by a licensed nurse for each specific
				client's medication administration which includes verbal and written
				instruction for the specific client's individual medications, including:
a. The medication trade name and generic
				name;
b. The purpose of the
				medication;
c. Signs and symptoms
				of common side effects, warnings, and precautions;
d. Route and frequency of administration; and
e. Instructions under which
				circumstances to contact the licensed nurse or licensed health care
				practitioner.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-17 - Routes or types of medication administration

Current through Supplement No. 393, July, 2024
1. Administration of the initial dose of a
				medication that has not been previously administered to the client must be
				administered according to the organization policy.
2. Medication assistant students and
				medication assistants may administer medications by the following routes to
				individuals or groups of individuals with stable, predictable conditions
				according to the organization policy:
a.
				Oral, sublingual, and buccal medications;
b. Eye medications;
c. Ear medications;
d. Nasal medications;
e. Rectal medications and enemas;
f. Vaginal medications;
g. Skins ointments, topical medications,
				including patches and transdermal medications;
h. Metered hand-held inhalants; and
i. Unit dose nebulizers.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-18 - Pro re nata medications

Current through Supplement No. 393, July, 2024
1. The
				decision to administer pro re nata medications cannot be delegated in
				situations where an onsite assessment of the client is required prior to
				administration.
2. Some situations
				allow the administering of pro re nata medications without directly involving
				the licensed nurse prior to each administration.
a. The decision regarding whether an onsite
				assessment is required is at the discretion of the licensed nurse.
b. Written parameters specific to an
				individual client's care must be written by the licensed nurse for use by the
				medication assistant when an onsite assessment is not required prior to
				administration of a medication. The written parameters:
(1) Supplement the physician's pro re nata
				order; and
(2) Provide the
				medication assistant with guidelines that are specific regarding the pro re
				nata medication.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-19 - Medication interventions that may not be delegated

Current through Supplement No. 393, July, 2024
The medication assistant I or medication assistant II, or
				  other individual listed on the department's nurse aide registry, may not
				  perform the following acts even if delegated by a licensed nurse:
1. Conversion or calculation to medication
				dosage;
2. Assessment of client
				need for or response to medications; and
3. Nursing judgement regarding the
				administration of pro re nata medications.
General Authority: NDCC 23-44-02, 43-12.1-16
Law Implemented: NDCC 23-44-02,
					 43-12.1-16
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-20 - Medication assistant I and II initial registration and renewal

Current through Supplement No. 393, July, 2024
Individuals may not be employed as a medication assistant I
				  or medication assistant II or hold themselves out to be a medication assistant
				  I or medication assistant II unless the individual holds a registration as a
				  medication assistant I or medication assistant II on the department's nurse
				  aide registry. Individuals with delegated responsibility for administration of
				  medication to a client as a medication assistant I must hold a current status
				  on the department's registry as a certified nurse aide or nurse aide.
				  Individuals with delegated responsibility for administration of medication to a
				  client as a medication assistant II must hold a current status on the
				  department's registry as a certified nurse aide.
1. An application for registration as a
				medication assistant I or II and a nonrefundable twenty-five dollar fee must be
				submitted to the department. Upon receipt of the required information, the
				department shall issue a medication assistant I or II registration consistent
				with the type of training and competency program completed.
a. A medication assistant I may work in
				settings where the licensed nurse is not regularly scheduled, however, may not
				work in a nursing facility or acute care setting, including clinics.
b. A medication assistant II may work in the
				same settings as the medication assistant I and nursing facilities, however,
				may not work in acute care settings, including clinics.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-21 - Complaint investigations

Current through Supplement No. 393, July, 2024
1. The
				department will investigate a complaint reported involving individuals
				registered on the department's nurse aide registry.
2. The complaint investigation will be
				conducted according to the department's established complaint investigation
				policies and procedures.
General Authority: NDCC 23-44-02
Law Implemented: NDCC
					 23-44-02