reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-02 - Term of pilot project

Current through Supplement No. 393, July, 2024
The term of the project must begin on the date of the
				  council's initial approval. Any project approved by the council must be for a
				  term of up to one year with renewals for a maximum term of five years.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-03 - Process

Current through Supplement No. 393, July, 2024
1. Forms for applying as a pilot project must
				be available from the department. Completed applications must be submitted to
				the department.
2. The department
				shall review the application within sixty days of its receipt. The review must
				evaluate the project for compliance with section
				33-03-25-05 and with federal and
				state laws and rules. Following its review, the department shall send the
				application and review to the council. Upon submission of the application to
				the council, the department shall issue notices of a public hearing on the
				application.
a. The notice must be at least
				thirty days prior to the public hearing and must appear in the official
				newspaper of each county served by the pilot project.
b. At the same time the department issues the
				notice of a public hearing, the notice and a copy of the application must be
				sent to public or private agencies or boards that have been identified by the
				department as having a responsibility for licensure, certification, or
				regulation of people or programs directly affected by the proposed project and
				to any other person requesting a copy of the application or notice.
c. The public hearing must occur at the next
				regularly scheduled council meeting.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-04 - Criteria

Current through Supplement No. 393, July, 2024
Criteria to be considered must include:
1. The number of people who will be served.
2. The size of the geographical
				area, its location, and its designation as a health professional shortage area.
3. Evidence that the project will
				contain the cost of health care and provide a high quality of care.
4. Evidence that the project provides
				financial and geographical access to needed health care services.
5. Evidence that the project is primary care
				focused with referral and emergency provisions.
6. Evidence of unmet health care needs which
				require the waivers requested.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-05 - Standards

Current through Supplement No. 393, July, 2024
1. Unless waived by the council, a pilot
				project must be in compliance with all state laws and rules.
2. Each pilot project must maintain safety
				and quality associated with the provision of health care services.
3. Personnel operating or providing health
				services must be competent and knowledgeable in terms of the services provided.
4. Backup personnel must be
				available to provide emergency medical assistance.
5. The physical plant must be appropriate for
				the services provided.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-06 - Report from pilot project

Current through Supplement No. 393, July, 2024
As a condition of approval, the applicant must agree to
				  report at least quarterly to the department and provide information specified
				  by the council and department.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-07 - Onsite review and continued approval

Current through Supplement No. 393, July, 2024
The department shall conduct an onsite review following
				  initiation of the pilot project and at least one annual unannounced onsite
				  review to evaluate the pilot project. Based on the onsite reviews and other
				  information, the department shall provide an annual report to the council on
				  each pilot project. Based on its review and other information, the council
				  shall renew its approval of the pilot project, require modification of the
				  pilot project, or deny continued operation of the pilot project.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-08 - Council report

Current through Supplement No. 393, July, 2024
The council shall provide a written report of its findings
				  concerning each pilot project and will make recommendations to the next
				  legislative assembly concerning any necessary changes in North Dakota statutes.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-09 - Termination

Current through Supplement No. 393, July, 2024
Any project may be terminated at any time by the council or
				  at the request of the legal agent of the project. The council may base its
				  decision upon evidence that people have been or will be harmed by further
				  operation or use of the pilot project, upon evidence that the project is
				  excessively costly to operate or use, upon evidence that the project is not
				  meeting its expressed purpose or meeting the needs of the people served, or
				  upon other evidence considered by the council sufficient to justify
				  termination. Discontinuance of a pilot project must be accomplished in an
				  orderly fashion in a timeframe and manner approved by the department.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-26 - Organ Transplant Support Fund › Section 33-03-26-02 - Qualifications

Current through Supplement No. 393, July, 2024
The entity selected as the private nonprofit
				  patient-oriented organization incorporated in North Dakota for administration
				  of grants from the organ transplant support fund must be selected based upon
				  the following:
1. Whether the
				organization meets the requirements of section 1 of 1991 house bill no. 1499.
				If the requirements of this subsection are not met, the organization may not be
				selected.
2. Whether the
				organization has a volunteer board of directors which has membersrepresenting
				transplant centers, medical social workers, transplant recipients, medical
				personnel, accountants, and attorneys.
3. Whether the organization is structured to
				allow for expeditious decisions.
4. Whether the organization is structured to
				avoid or minimize administrative costs so they do not exceed ten percent of
				available grant moneys.
5. Whether
				the organization's bylaws or structure provide that no part of the fund may be
				used for the benefit of the directors; and provide a mechanism to assure board
				members who may have a conflict are not able to vote or influence the board's
				decision on the matter on which a conflict exists.
6. Whether the organization has a
				demonstrated ability to raise funds from other sources.
7. Whether the organization has corporate
				goals which focus on patient needs associated with transplants.
8. The length of time the organization has
				been in existence.
General Authority: NDCC 23-01-05.1
Law Implemented: NDCC
					 23-01-05.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-27 - State Community Matching Physician Loan Repayment Program › Section 33-03-27-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Applicant" means an eligible physician who applies to the
				  council for repayment of an eligible loan.
2. "Center for rural health" means the center for rural
				  health at the university of North Dakota.
3. "Community" means any county, city, or township in North
				  Dakota.
4. "Council" means the state health council.
5. "Department" means the state department of health and
				  consolidated laboratories.
6. "Eligible community" means a North Dakota community with a
				  need for a physician in the medical fields of general practice, family
				  practice, general internal medicine, general obstetrics and gynecology, general
				  surgery, general pediatrics, or general psychiatry. The center for rural health
				  shall designate eligible communities.
7. "Eligible loan" means an education loan acceptable to an
				  accredited medical or osteopathic school and made by a bank, credit union,
				  savings and loan association, insurance company, accredited school, government,
				  or other financial or credit institution in its capacity as lender and in which
				  the lender is subject to examination and supervision by an agency of the United
				  States or the state in which the lender has its principal place of business.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 43-17.2-02,
					 43-17.2-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-27 - State Community Matching Physician Loan Repayment Program › Section 33-03-27-02 - Responsibilities and process

Current through Supplement No. 393, July, 2024
1. At least
				annually the center for rural health shall provide public notice to communities
				and physicians, medical students, and interns of the loan repayment program.
2. A community wishing to be
				designated as eligible for participation in the program shall complete a form
				developed by the center for rural health. Forms will be available upon request
				from the department and the center for rural health. Completed forms must be
				submitted to the center for rural health. In addition to the criteria stated in
				North Dakota Century Code section 43-17.2-03, the form must include:
a. A statement of medical needs.
b. A statement of the type of physician
				services required to meet the needs.
c. A signed statement of broad-based
				endorsement and financial commitment to participate in this program.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-27 - State Community Matching Physician Loan Repayment Program › Section 33-03-27-03 - Loan repayment contract

Current through Supplement No. 393, July, 2024
1.
				Before receiving a loan repayment under this chapter, each applicant selected
				shall enter into a loan repayment contract with the state and community
				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 applicant can be released from any obligations under the
				contract without penalty.
2. The
				state health officer shall sign the loan repayment contract for the state. A
				community representative shall sign the loan repayment contract for the
				community.
3. The loan repayment
				contract must include:
a. The amounts to be
				paid to the physician by the state and by the community.
b. The specific term in which the physician
				is obligated to provide medical services within the community.
c. A provision that any financial obligation
				of the state arising out of a loan repayment contract entered into under this
				chapter, and any obligation of the applicant that is conditioned thereon, is
				contingent on funds being appropriated by the legislative assembly for loan
				repayments under North Dakota Century Code chapter 43-17.2.
d. Such other statements of the rights and
				liabilities of the department and of the applicant considered necessary by the
				council.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-28 - District Health Units › Section 33-03-28-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Approved health department" means a city health
				  department which:
a. Is in compliance with all minimum standards for core
				  services/programs as established by the department;
b. Has at a minimum, a city health officer and at least a
				  one-half time registered nurse;
c. Submits records and reports as requested by the
				  department; and
d. Is funded by the city at a level of at least two dollars
				  and fifty cents per capita.
2. "Department" means the state department of health and
				  consolidated laboratories.
3. "District health unit" means one or more contiguous
				  counties which have adopted a district health plan pursuant to North Dakota
				  Century Code chapter 23-14. It includes all cities within the counties except
				  those cities of greater than fifteen thousand population which have
				  specifically rejected the plan.
General Authority: NDCC 23-14-01.6
Law Implemented: NDCC
					 23-14-01.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-28 - District Health Units › Section 33-03-28-02 - District board of health - Name

Current through Supplement No. 393, July, 2024
Each newly formed district board of health shall select a
				  name for its district health unit. The name may be changed at any time upon a
				  majority vote by the district board of health.
General Authority: NDCC 23-14-01.6
Law Implemented: NDCC 23-14-04,
					 23-14-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-28 - District Health Units › Section 33-03-28-03 - City-county health districts - Contracts

Current through Supplement No. 393, July, 2024
1. A contract entered into between an
				approved health department and a board of county commissioners pursuant to
				North Dakota Century Code sections 23-14-01.1 and 54-40-08 must specify the
				public health services and programs to be provided, the manner in which they
				will be provided, and the cost to the county for their provision.
2. The contract must be reviewed annually by
				the board of county commissioners and by the city health department to
				determine whether the services provided are adequate, whether additional needs
				exist, and whether any changes to the contract need to be negotiated.
General Authority: NDCC 23-14-01.6
Law Implemented: NDCC
					 23-14-01.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-28 - District Health Units › Section 33-03-28-04 - Equality of services provided

Current through Supplement No. 393, July, 2024
1. The
				district board of health is responsible for determining which public health
				services and programs the district health unit will provide.
2. Any services provided by the district
				health unit must be made available to all areas within the health district.
3. If it is not practical for the
				district health unit to provide the services directly through its own staff, it
				may contract with another entity to deliver the services.
4. To m a in t ain equality of service
				throughout the district, it is recommended that the district health unit
				employ, at a minimum, the services of at least a one-half time registered nurse
				for each county within the district, and that each county within the district
				have the services of a public health officer.
General Authority: NDCC 23-14-01.6
Law Implemented: NDCC
					 23-14-01.6
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-28 - District Health Units › Section 33-03-28-05 - Distribution of grants

Current through Supplement No. 393, July, 2024
1. To be eligible
				for any grant of state moneys through the department, a district health unit
				must meet all of the following criteria:
a.
				Be funded at a level of two dollars and fifty cents or greater for each person
				residing within the health district exclusive of any state grant money;
b. Have an active district board
				of health that meets quarterly, maintains minutes of its meetings, and provides
				a copy of the minutes to the department;
c. Have the services of at least a one-half
				time registered nurse for each county within the district;
d. Have a health officer available for each
				county within the district;
e.
				Submit records and reports as requested by the department; and
f. Be in compliance with all minimum
				standards for core services and programs as established by the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Abuse" includes mental, physical, sexual, and verbal
				  abuse. Mental abuse includes humiliation, harassment, threats of punishment, or
				  deprivation. Physical abuse includes hitting, slapping, pinching, and kicking.
				  It also includes controlling behavior through corporal punishment. Sexual abuse
				  includes sexual harassment, sexual coercion, sexual contact, or sexual assault.
				  Verbal abuse includes any use of oral, written, or gestured language that
				  includes disparaging and derogatory terms to residents or their families, or
				  within their hearing distance, to describe residents, regardless of their age,
				  ability to comprehend, or disability.
2. "Administrator" means the individual person who is in
				  general administrative charge of the facility.
3. "Autism" has the same meaning as in North Dakota Century
				  Code chapter 23-09.4.
4. "Children with autism" means individuals up to the age of
				  twenty-two who have a medical diagnosis of autism or autistic-like
				  characteristics.
5. "Direct supervision" means the provision of guidance by a
				  superior who is on the premises, for the accomplishment of an assigned task.
6. "Mental health professional" means:
a. A psychologist with at least a master's degree who has
				  been either licensed or approved for exemption by the North Dakota board of
				  psychology examiners.
b. A social worker with a master's degree in social work from
				  an accredited program.
c. A registered nurse with a master's degree in psychiatric
				  nursing from an accredited program.
d. A registered nurse with a minimum of two years of
				  psychiatric clinical experience under the supervision of a registered nurse as
				  identified in subsection 3.
7. "Neglect" includes failure to carry out resident services
				  as directed or ordered by the physician or other authorized personnel in the
				  facility, failure to give proper attention to facility residents, or failure to
				  carry out services for residents of the facility as through careless oversight.
8. "Resident" means an individual up to the age of twenty-two
				  who lives and receives services in a residential care facility for children
				  with autism.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-01,
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-02 - General licensing provision

Current through Supplement No. 393, July, 2024
1. No
				person or entity may establish, maintain, or operate a residential care
				facility for children with autism without first having obtained a license from
				the department. Any person or entity who owns or leases a residential care
				facility for children with autism and desires to maintain or operate it shall
				apply to the department for a license on the form prescribed and shall obtain a
				license before accepting children for care or treatment.
2. Each residential care facility for
				children with autism applying for licensure must be designated by a distinctive
				name consistent with the services offered to avoid public confusion or
				misrepresentation. The name may not be changed without department approval.
3. Upon receipt of a completed
				license application, the department shall review the residential care facility
				for children with autism, including architectural plans submitted by the
				facility, to determine compliance with this chapter, including onsite
				inspections, as appropriate.
4.
				Once received, the license must be displayed in a conspicuous place. Each
				license is valid only in the hands of the person or entity to whom it is issued
				and is not subject to sale, assignment, or other transfer, voluntary or
				involuntary.
5. The department may
				require submission of periodic reports including, but not limited to, staffing
				reports, census data, statistical information, and such business records as the
				department may reasonably require for the performance of its licensure
				functions.
6. The department and
				any duly authorized representative thereof has the right to enter upon and into
				the premises of any residential care facility for children with autism or
				facility providing services consistent with this chapter or the North Dakota
				statutory definition for residential care facility for children with autism.
7. An initial or renewal license
				is valid for one year from the date of issuance.
8. If a facility holds a current license from
				the department or another appropriate state agency and appropriately responds
				to the population served, then additional licensure under this chapter is not
				required.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02,
					 23-09.4-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-03 - Unrestricted license

Current through Supplement No. 393, July, 2024
An unrestricted license is valid for a period not to exceed
				  one year from the date of issuance and must state the maximum number of persons
				  who may reside in the residential care facility for children with autism.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02,
					 23-09.4-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-04 - Provisional license

Current through Supplement No. 393, July, 2024
1. A provisional
				license may be issued to a residential care facility for children with autism
				which does not comply with this chapter if practices in the facility do not
				pose a danger to the health or safety of the residents as determined by the
				department.
2. A provisional
				license must be prominently stamped and state that the residential care
				facility for children with autism has failed to comply with applicable rules of
				the department and must be accompanied by a written statement of the specific
				rule or statute violated and the factual basis of the violation. The
				provisional license must expire at a set date, not to exceed ninety days from
				the date of issuance.
3. A
				provisional license will be revoked by the department on the ninetieth day from
				the date of issuance, or sooner if applicable, if compliance is not achieved or
				a department-approved, acceptable plan of correction is not received. If
				compliance is achieved, the provisional license will be exchanged for an
				unrestricted license which will bear the same date as the date on which the
				facility was found by the department to be in compliance with the licensure
				rules.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02,
					 23-09.4-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-05 - Denial or revocation of license

Current through Supplement No. 393, July, 2024
1.
				Application for renewal of a license for a residential care facility for
				children with autism must be denied and the license will be terminated or
				allowed to expire when the department finds that a condition, occurrence, or
				situation in the facility is a threat to the health or safety of the residents.
2. When the department decides
				that an application for renewal is to be denied, or that a license is to be
				revoked, the department shall notify the residential care facility for children
				with autism. The notice to the facility must include:
a. A clear and concise statement of the
				denial or revocation. The statement must include a citation to the provisions
				of this chapter on which the application for renewal is being denied, or the
				process for licensure revocation is being implemented.
b. A statement of the date on which the
				current license of the residential care facility for children with autism will
				expire must be included.
c. A
				description of the right of the applicant to appeal the denial or revocation of
				the application for the renewal of the license and the right to a hearing must
				be mailed to the licensee.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-06 - Denial of initial license

Current through Supplement No. 393, July, 2024
1. A
				suitability review by the department must be completed prior to approval of a
				licensure application.
2. A
				determination by the department through a suitability review to deny the
				issuance of a license must be based on a finding that one or more of the
				following criteria are met:
a. The applicant,
				any member of the firm, partnership, or association which is the applicant, any
				officer or stockholder of the corporation which is the applicant, or the person
				designated to manage or supervise the residential care facility for children
				with autism has been convicted of, or had probation for, a crime within the
				past five years that would impact the suitability of the applicant specific to
				operation of the facility. Probation or a conviction must be verified by a
				certified copy of the court record.
b. The applicant has had a prior license
				revocation in the past five years and both of the following conditions are met:
(1) The residential care facility for
				children with autism in question was owned or operated by the applicant, by a
				controlling owner of the applicant, by a combination of owners of the
				applicant, or by an affiliate who is a controlling owner of the applicant.
				Operated for purposes of this section means exercising overall management,
				direction, or supervision of the residential care facility for children with
				autism; and
(2) The basis of the
				prior revocation renders the applicant unqualified or incapable of operating a
				residential care facility for children with autism in accordance with the
				standards set forth in this chapter. This determination will be based on the
				applicant's qualifications and ability to meet the criteria outlined in this
				section as evidenced by the application and the applicant's prior history.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-07 - Criteria for adverse licensure actions

Current through Supplement No. 393, July, 2024
1. Adverse licensure actions include
				determinations to deny the issuance of an initial license, or to deny the
				issuance of a renewal of a license of a residential care facility for children
				with autism.
2. A determination by
				the department to take adverse licensure action against a residential care
				facility for children with autism may be based on a finding that one or more of
				the following criteria are met:
a. The
				residential care facility for children with autism has failed to meet the
				standards specified in this chapter.
b. The existing residential care facility for
				children with autism is operating, or the applicant intends to operate, with
				personnel which are insufficient in number or unqualified by training or
				experience to properly care for the number and type of residents in the
				facility.
c. The residential care
				facility for children with autism is not under direct supervision of an
				administrator or an individual assigned to carry out the administrative
				responsibilities.
d. The
				residential care facility for children with autism has committed either of the
				following actions:
(1) The residential care
				facility for children with autism has inappropriately converted for its own use
				the property of a resident.
(2)
				The residential care facility for children with autism has secured property, or
				a bequest of property, from a resident or family by undue influence.
e. The residential care facility
				for children with autism submitted false information either on the licensure or
				renewal application forms or during the course of an inspection or survey of
				the residential care facility for children with autism.
f. The residential care facility for children
				with autism has refused to allow an inspection or survey of the facility by
				agents of the department.
g. The
				facility employs personnel, has practices or procedures, or construction
				hazards which would be detrimental to the health, safety, or well-being of
				residents.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-08 - Restriction or limitation of admissions

Current through Supplement No. 393, July, 2024
1. The department reserves the right to
				restrict or limit admissions to a residential care facility for children with
				autism under the following conditions:
a. One
				or more complaints of resident abuse in the residential care facility for
				children with autism have been reported, investigated, and substantiated by the
				department. The restriction will be in effect for six months or until the
				conditions leading to the abuse have been corrected as substantiated by the
				department.
b. The department has
				surveyed the facility and found rules related to health or safety are not being
				met or the facility is in the process of correction and placing additional
				residents in the facility would adversely affect the health or safety of a
				resident. The restriction will be in effect for six months or until the
				facility demonstrates to the department's satisfaction that the corrections
				have been made and the facility is in compliance with the licensure rules.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-09 - Enforcement - Penalties

Current through Supplement No. 393, July, 2024
The purpose of enforcement actions is to protect residents.
				  Enforcement actions by the department against a residential care facility for
				  children with autism may include monetary penalties against a residential care
				  facility for children with autism for failure to correct a violation or failure
				  to comply with a department-approved plan of correction for such violation as
				  follows:
1. Not less than five
				dollars per resident per day for each day the violation remains uncorrected if
				the area of noncompliance relates primarily to administrative tasks within the
				facility.
2. Not less than eight
				dollars per resident per day for each day the violation remains uncorrected if
				the noncompliance relates primarily to provisions dealing with the rights of
				residents as described in North Dakota Century Code chapter 50-10.2.
3. Not less than ten dollars per resident per
				day for each day the violation remains uncorrected for noncompliance relating
				primarily to provisions adopted to protect the health or safety of residents.
4. For purposes of
				department-imposed penalties under this section, a noncompliance issue or
				violation must be deemed to have first occurred as of the date of the
				department determination of noncompliance or the date of the onsite
				investigation completion, whichever is later.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-06,
					 23-09.4-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-10 - Accreditation

Current through Supplement No. 393, July, 2024
1. The residential care facility for children
				with autism shall provide services to assist children with a medical diagnosis
				of autism or autistic-like characteristics gain or regain their highest
				practicable level of mental, physical, and emotional functioning including the
				capacity to function adaptively in their environment, to care for themselves,
				and be accepted by society. In achieving this goal, residential care facilities
				for children with autism shall attain and maintain accreditation by the
				commission on accreditation of rehabilitation facilities standards for
				organizations serving people with disabilities in the categories of integrated
				living programs and infant and early childhood developmental programs or
				accreditation by the accreditation council on services for people with
				developmental disabilities.
2. The
				residential care facility for children with autism shall provide, through an
				interdisciplinary assessment and approach, at a minimum, services including:
a. Twenty-four-hour assistance with
				activities of daily living in a homelike environment which includes dietary,
				laundry, housekeeping, and janitorial services.
b. Provision of or arrangement for diagnostic
				and treatment services specific to the individual needs of children with autism
				including, but not limited to, medical, dental, nursing or physician services,
				audiology and speech services, physical and occupational therapy and orthotics
				services, and psychiatric services.
c. Behavioral management services provided by
				or under the direction of a qualified mental health professional.
d. Educational and special education services
				provided by certified personnel in accordance with North Dakota Century Code
				chapters 15-47 and 15-59.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-11 - Submission and availability of accreditation documents

Current through Supplement No. 393, July, 2024
1. The residential care facility for children
				with autism, upon receipt, shall submit all accreditation survey results,
				recommendations, and plans of correction to the department.
2. The department may, based on the
				accreditation survey results, require changes or additions, or both, to
				recommendations or plans of corrections, or both, in instances where
				endangerment to the health, well-being, or safety of residents is involved.
3. In addition to department
				involvement with plans of correction, the department may impose enforcement
				sanctions including restriction or limitation of admissions, or monetary
				penalties.
4. Onsite review must
				be conducted by the department to assess compliance with licensure requirements
				not included in the accreditation process.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-12 - Provision for becoming accredited

Current through Supplement No. 393, July, 2024
1.
				Residential care facilities for children with autism not having attained
				accreditation by the commission on accreditation of rehabilitation facilities
				in the categories of integrated living facility and infant and early childhood
				development programs or the accreditation council on services for people with
				developmental disabilities shall attain accreditation within twelve months of
				February 1, 1992.
2. Residential
				care facilities for children with autism requesting licensure after January 1,
				1992, will be required to be accredited prior to licensure as a facility for
				children with autism.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-29 - Residential Care Facilities for Children With Autism › Section 33-03-29-13 - Complaints

Current through Supplement No. 393, July, 2024
1. No residential care facilities for
				children with autism or persons therein may violate resident rights as defined
				in North Dakota Century Code chapter 50-10.2.
2. Any person may register a complaint with
				the department alleging violation of applicable laws, rules, requirements, or
				allegations of abuse, neglect, or theft of resident funds by a facility or
				other persons in the residential care facility for children with autism.
				Individuals alleging abuse shall report to other entities as required by North
				Dakota Century Code section 50-25.1-03.
3. If a complaint becomes the subject of a
				formal administrative or judicial proceeding, nothing in this subsection may be
				construed to prohibit the disclosure of information which would otherwise be
				disclosed in a judicial or administrative proceeding.
4. The department shall have the authority to
				conduct unannounced inspections of the residential care facility for children
				with autism involved in a complaint and any other investigations necessary to
				determine the validity of the complaint.
5. The department or the department's
				representative shall notify the facility's administrator or person in charge of
				the facility involved in the complaint of the substance of the complaint for
				the first time at the time of the investigation.
6. No later than ten days after the
				completion of the investigation, the department shall prepare a written report
				of the results of the investigation and shall notify the complainant and the
				facility in writing of the results of the investigation.
7. Residential care facilities for children
				with autism are prohibited from discharging or discriminating in any way
				against a resident by whom or on whose behalf a complaint has been submitted to
				the department or who has participated in a complaint investigation process.
				Facilities are prohibited from discharging or discriminating against any
				employee who has submitted a complaint or who has assisted the department or
				any other legal authority in acomplaint-related investigation for reason of
				such submission or assistance. Violation of prohibitions in this item is
				grounds for suspending or revoking a facility license.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-02, 23-09.4-06,
					 28-32-05.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-30 - Construction Standards for Residential Care Facilities for Children With Autism › Section 33-03-30-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  requires otherwise:
1. "Ambulatory" means able to walk without assistance.
2. "Department" means the state department of health and
				  consolidated laboratories.
3. "Developmental disability" includes children with autism.
4. "Mobile nonambulatory" means unable to walk without
				  assistance, but able to move from place to place with the use of a walker,
				  crutches, a wheelchair, or a wheeled platform.
5. "Nonambulatory" means unable to walk without staff
				  assistance.
6. "Nonmobile" means unable to move from place to place
				  without staff assistance.
7. "Residential care facility for children with autism" means
				  a residential facility providing a homelike atmosphere designed and arranged to
				  meet the needs of ambulatory autistic children capable of taking action for
				  self-preservation consistent with the fire code requirements.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-09.4-01,
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-30 - Construction Standards for Residential Care Facilities for Children With Autism › Section 33-03-30-02 - Location of residential care facilities for children with autism - Hazardous areas

Current through Supplement No. 393, July, 2024
1. Residential care
				facilities for children with autism must be located at least three hundred feet
				[91.44 meters] from hazardous areas such as bulk fuel or chemical storage
				areas, anhydrous ammonia facilities, or other fire hazards or sources of
				noxious or odoriferous emissions.
2. Residential care facilities for children
				with autism may not be located in areas subject to adverse environmental
				conditions such as mud slides, harmful air pollution, smoke or dust, sewage
				hazards, rodent or vermin infestations, excessive noise, vibration, or
				vehicular traffic.
3. Residential
				care facilities for children with autism may not be located in an area within
				the one hundred year flood base elevations unless the lowest floor elevation is
				above the one hundred year base flood elevation and the facility is free from
				significant adverse effects of the velocity of moving water or by wave impact
				during the one hundred year flood.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-01-03,
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-30 - Construction Standards for Residential Care Facilities for Children With Autism › Section 33-03-30-03 - Fire safety

Current through Supplement No. 393, July, 2024
1. Residential care
				facilities for children with autism must be located in areas served by an
				organized fire department.
2.
				Residential care facilities for children with autism must comply with chapter
				twenty-one of the 1988 edition of the Life Safety Code and its appendices.
				Residents of the facility must be ambulatory and capable of following
				directions and taking appropriate action forself-preservation under emergency
				conditions.
3. A residential care
				facility for children with autism for the mobile nonambulatory, nonambulatory,
				and nonmobile shall comply with chapters twelve or thirteen of the 1988 edition
				of the Life Safety Code as applicable. The fire safety evaluation system may be
				utilized in the evaluation of existing buildings.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-01-03,
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-30 - Construction Standards for Residential Care Facilities for Children With Autism › Section 33-03-30-04 - Water supply

Current through Supplement No. 393, July, 2024
1. Residential care
				facilities for children with autism must be located in areas where public or
				private water supplies approved by the department are available. Approved
				public water supplies must be used where available.
2. When a private water supply is utilized,
				annual water samples must be submitted to the department and analyzed to
				determine bacteriological and nitrate content.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-01-03,
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-30 - Construction Standards for Residential Care Facilities for Children With Autism › Section 33-03-30-05 - Sewage disposal

Current through Supplement No. 393, July, 2024
1. Residential care
				facilities for children with autism must be located in areas where public or
				private sewage systems approved by the department are available. Approved
				public sewage disposal systems must be used where available.
2. Plan and specifications for proposed
				private sewage disposal systems or alteration to such systems must be approved
				by the department prior to their construction.
General Authority: NDCC 23-09.4-02, 23-09.4-07
Law Implemented: NDCC 23-01-03,
					 23-09.4-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-30 - Construction Standards for Residential Care Facilities for Children With Autism › Section 33-03-30-06 - Physical plant

Current through Supplement No. 393, July, 2024
Buildings housing facilities for children with autism shall:
1. Provide a design making:
a. The residential care facility for children
				with autism for the ambulatory developmentally disabled accessible to
				nonambulatory visitors and employees, with at least one bathroom accessible to
				and usable by such visitors and employees. When the facility houses only
				ambulatory persons, the department may waive this requirement and the balance
				of the handicapped standards in North Dakota Century Code section 48-02-19. The
				waiver may be granted when only ambulatory developmentally disabled persons are
				served.
b. The residential care
				facility for children with autism for the mobile nonambulatory, nonambulatory,
				and nonmobile developmentally disabled comply with North Dakota Century Code
				section 48-02-19.