reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33-03-08-02 - Submission of plans and specifications for review

Current through Supplement No. 393, July, 2024
Plans and specifications shall be submitted to the state
				  health officer in accordance with such directions as such officer may
				  promulgate.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33-03-08-03 - Approval of plans and specifications

Current through Supplement No. 393, July, 2024
Plans and specifications reviewed by the state health
				  officer will be approved only when such plans and specifications fully meet and
				  comply with existing statutes and sanitary standards established by the state
				  health officer. Plans and specifications upon which approval is being withheld
				  will be returned with the reasons for withholding approval.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-08 - Approval of Plans and Specifications Prior to Construction of Water Works and Sewerage Systems › Section 33-03-08-04 - Approved plans and specifications required

Current through Supplement No. 393, July, 2024
Water works and sewerage systems constructed for use by the
				  general public must be constructed in accordance with plans and specifications
				  approved by the state health officer.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions, in addition to the definitions in
				  North Dakota Century Code section 23-17.3-01, apply to this chapter:
1. "Agency" means home health agency.
2. "Branch" means a location or site from which a home health
				  agency provides services within a portion of the total geographic area served
				  by the parent agency. The branch office is part of the home health agency and
				  is located close enough to share administration, supervision, and services.
3. "Clinical note" means a notation of a contact with a
				  patient that is written and dated by a member of the health care team and that
				  describes signs and symptoms, treatment and drugs administered and the
				  patient's reaction, and any changes in physical or emotional condition.
4. "Companion services" includes staying or traveling with a
				  patient and may include provision of guided maneuvering or nonweight bearing
				  assistance.
5. "Department" means the state department of health.
6. "Governing body" means the individual or group in whom the
				  ultimate authority and legal responsibility is vested for the conduct of the
				  agency.
7. "Homemaker services" include preparing meals, shopping,
				  assistance with bill paying, housework, laundry, transportation, communication,
				  and mobility outside the patient's residence.
8. "Parent" means the agency office that develops and
				  maintains administrative control of the branch offices.
9. "Progress notes" means a written notation, dated and
				  signed by a member of the health care team, which summarizes facts about care
				  furnished and the patient's response during a given period of time.
10. "Supervised practical training" means training in a
				  laboratory or other setting in which the home health aide trainee demonstrates
				  tasks on an individual under the direct supervision of a registered or licensed
				  practical nurse.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC 23-17.3-01,
					 23-17.3-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-02 - 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 a finding or
				  determination shall be made by the department and shall not affect the
				  remainder of this chapter.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC
					 23-17.3-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-03 - Application, issuance, and renewal of license

Current through Supplement No. 393, July, 2024
An entity meeting the definition of home health agency in
				  North Dakota Century Code section 23-17.3-01 must obtain a license from the
				  department to operate in North Dakota. A person or entity may not establish or
				  operate an agency or use the terms home health agency or home health services
				  without first having obtained a license.
1. Any person or entity who desires to
				maintain and operate an agency shall apply to the department for a license in
				the form prescribed and shall obtain an initial license before accepting
				patients for care or treatment.
a. The
				department shall not approve an application for initial license unless:
(1) The application and all required
				attachments and statements submitted by the applicant meet the requirements of
				this chapter. A description of all services provided and the geographic areas
				to be served by agency staff must be included.
(2) The department has conducted an
				inspection or investigation of the agency to determine compliance with this
				chapter.
(3) The department has
				completed an investigation into the fitness of the applicant and determined the
				applicant to be fit based on the following:
(a) Evidence provided by the applicant which
				identifies that financial resources and sources of revenue for the applicant's
				agency appear adequate to provide the staff and services sufficient to comply
				with North Dakota Century Code chapter 23-17.3 and this chapter;
(b) The applicant has furnished the
				department with a signed and notarized statement describing and dating every
				proceeding, within five years of the date of application, in which the
				applicant was involved which resulted in a limitation, suspension, revocation,
				or refusal to grant or renew an agency license or a medicare or medicaid
				decertification action; and
(c)
				The applicant shall furnish a signed and notarized statement to the department
				describing every criminal proceeding within five years of the date of the
				application in which the licensee or any of its shareholders owning interest of
				five percent or more officers, directors, partners, or other controlling or
				managing persons, has been convicted or nolo contendere plea accepted, of a
				criminal offense related to the operation or ownership of an agency.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-04 - Inspection by the department

Current through Supplement No. 393, July, 2024
The department may evaluate an agency's compliance with this
				  chapter at any time through:
1. An
				announced or unannounced onsite review, including inspection and examination of
				all agency records and documents required by this chapter, interview with
				agency staff, and home visits with the patient's permission; or
2. A request for submission of written
				documentation verifying compliance.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC 23-17.3-04, 23-17.3-08,
					 23-17.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-05 - Plan of correction

Current through Supplement No. 393, July, 2024
1. An agency
				shall submit to the department a plan of correction addressing the areas of
				noncompliance with the licensure requirements of this chapter.
2. A plan of correction must include:
a. How the corrective action will be
				accomplished for those patients found to have been affected by the deficient
				practice;
b. How the agency will
				identify other patients or services in the agency having the potential to be
				affected by the same deficient practice;
c. What measures will be put into place or
				systemic changes made to ensure that the deficient practice will not recur; and
d. How the agency will monitor its
				corrective actions to ensure that the deficient practice is being corrected and
				will not recur.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-06 - Enforcement

Current through Supplement No. 393, July, 2024
1. Agencies are subject to one or more
				enforcement actions, which may include suspension or revocation of a license or
				a denial to license for the following reasons:
a. Noncompliance with the licensure
				requirements in this chapter has been identified which:
(1) Presents imminent danger to patients;
(2) Has a direct or immediate
				relationship to the health, safety, or security of the agency's patients;
(3) If left uncorrected, has a
				potential for jeopardizing patient health or safety; or
(4) Is a recurrence of the same or
				substantially same violation in a twenty-four-month period.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-07 - Order and notice of order

Current through Supplement No. 393, July, 2024
1. Upon
				a determination that the circumstances make imposition of a sanction
				appropriate, the department shall issue a written order identifying the
				violations and the sanction imposed. A copy of the order must be sent by
				registered mail, return receipt requested, to the agency's owner, the agency's
				administrator, or head of the agency's governing body. The order must specify
				the terms or conditions under which the sanction will be terminated. The order
				must also advise the agency of the right to seek reconsideration.
2. When an agency has been subjected to a
				sanction, the department may notify, as appropriate, applicable professional
				licensing agencies, boards of registration or licensure, and federal, state, or
				county agencies of the circumstances and sanctions imposed.
3. When an agency has been subjected to a
				sanction, the department shall notify the county social service board of each
				county where the agency provides services. Each county social service board so
				notified shall post, in a prominent place within the office, the name and
				address of the agency and the sanction. The posting must remain in place for
				the entire period of any sanction other than closure or termination from the
				program and for the first ninety days of closure or termination.
4. When an agency has been subjected to a
				sanction, the agency shall place notices of the sanction, supplied by the
				department at all agency entrances and exits. The department may also require
				the agency to purchase space in the print media to achieve public dissemination
				of information concerning any sanction.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC 23-17.3-07,
					 23-17.3-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-08 - Request for reconsideration

Current through Supplement No. 393, July, 2024
1.
				Within ten days after receipt of the order, the agency may request
				reconsideration by the department. Within fifteen days after receipt of a
				request for reconsideration, the department shall grant or deny the request for
				reconsideration and may suspend the imposition of any sanction pending the
				decision on the reconsideration.
2. A request for reconsideration, in any
				event, must be denied unless it identifies, with specificity, each disputed
				violation and states the factual basis for its contention that the violation
				was erroneously determined. The correction of the factors that led to the
				determination of a violation may not be asserted as a basis for
				reconsideration.
3. If the
				department denies the request for reconsideration, the department shall notify
				the agency in writing of that decision. If the denial was for any reason other
				than a failure of the request to conform to the requirements of subsection 2,
				the notice must advise the agency of the right to appeal.
4. If the department determines to undertake
				the reconsideration, the decision on reconsideration must be rendered within
				forty days after the issuance of the order. The notice of the decision on
				reconsideration must advise the agency of the right to appeal.
5. If the agency fails to file a timely
				request for reconsideration which conforms to the requirements of subsection 2,
				the order is final in all respects, and no further administrative or judicial
				review is applicable.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC 23-17.3-07,
					 23-17.3-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-09 - Appeals

Current through Supplement No. 393, July, 2024
1. An agency dissatisfied with a decision on
				a timely request for reconsideration, which conforms to the requirements of
				subsection 2 of section
				33-03-10.1-08, may appeal. An
				appeal may be perfected by mailing or delivering the information described in
				subdivisions a through d, to the department, state capitol, Bismarck, North
				Dakota, so that the mailed or delivered material arrives at the office of the
				division of health facilities on or before 5:00 p.m. on the thirty-first day
				after the date of the determination the department made with respect to a
				request for reconsideration. An appeal under this section is perfected only if
				accompanied by written documents, including all of the following information:
a. A copy of the notice received from the
				department advising of the department's decision on the request for
				reconsideration;
b. A statement of
				each disputed violation and the reason or basis in fact for the dispute;
c. The authority in statute or
				rule upon which the appealing party relies for each disputed item; and
d. The name, address, and
				telephone number of the person upon whom all notices will be served regarding
				the appeal.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-10 - Governing body

Current through Supplement No. 393, July, 2024
The governing body is legally responsible for the quality of
				  patient care services; for patient safety and security; for the conduct,
				  operation, and obligations of the agency; and for ensuring compliance with all
				  federal, state, and local laws. Contracts, arrangements, or other agreements
				  may not limit the responsibility of the governing body in any way. The
				  governing body shall:
1. Have bylaws
				or the equivalent, which shall be reviewed annually and be revised as needed.
				They must be made available to all members of the governing body. The bylaws or
				equivalent must specify the duties and responsibilities of the governing body.
2. Approve an overall plan and
				budget for the agency which includes an annual operating budget and capital
				expenditure plan.
3. Provide and
				maintain an office facility adequately equipped for efficient work and which
				provides a safe working environment in compliance with local ordinances and
				fire regulations.
4. Employ a
				qualified administrator who is designated in writing as administratively
				responsible and available for all aspects of agency operation including the
				employment of qualified staff, accuracy of public information, and
				implementation of the budget.
a. A qualified
				administrator is:
(1) A licensed physician,
				registered nurse, or college graduate with a bachelor's degree who has a
				minimum of three years of health care management; or
(2) A person without a college degree may
				qualify by obtaining the equivalent of six years of supervisory experience in
				health care management.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-11 - Quality improvement and program evaluation

Current through Supplement No. 393, July, 2024
1. The agency shall develop, implement, and
				document an ongoing agencywide quality improvement program to monitor,
				evaluate, and improve the quality of patient care, administrative, and support
				services, including all contracted services, and to ensure services are
				provided in compliance with professional standards of practice.
a. The quality improvement program must
				include a written plan that identifies a mechanism to identify problems,
				recommend appropriate action, implement recommendations, and monitor results.
b. Each quarter a sample of active
				and closed clinical records must be reviewed, by a group of appropriate
				professionals representing the home health services provided during the
				previous quarter, to determine whether established policies are followed in
				furnishing services directly or through contract. This review must be
				documented as a part of the quality improvement program.
c. The clinical records for all patients must
				be reviewed each sixty-two-day period to determine adequacy of the plan of
				treatment and the appropriateness of continuance of care.
d. The administrator shall maintain a record
				of the activities of the quality improvement program and ensure findings,
				conclusions, and recommendations are reported to the governing body.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-12 - Education programs

Current through Supplement No. 393, July, 2024
The agency shall design, implement, and document educational
				  programs to orient new employees and keep all staff current on new and
				  expanding programs, therapeutic services, techniques, equipment, and concepts
				  of quality care.
1. The following
				topics must be covered with all staff annually:
a. Prevention and control of infections,
				including universal precautions;
b. Patient rights; and
c. Safety and emergency procedures.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-13 - Medical services

Current through Supplement No. 393, July, 2024
1. All therapeutic
				services delivered to the patient by the agency must be approved by the
				patient's physician, including frequency and duration of services.
2. All therapeutic services must be provided
				consistent with a written treatment plan established and periodically reviewed
				by the patient's physician and must include at least the following:
a. Orders for home health services, including
				orders for:
(1) Skilled nursing, home health
				aide services, or other therapeutic services;
(2) Medical supplies and equipment;
(3) Medications and treatments
				when applicable;
(4) Special
				dietary or nutritional needs when applicable; and
(5) Medical tests including laboratory tests
				and x-rays when applicable.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-14 - Nursing services

Current through Supplement No. 393, July, 2024
1. Skilled nursing
				services must be provided under the direction of a nurse executive (director of
				nursing) who is a registered nurse licensed to practice in North Dakota, with
				at least one year's full-time experience in providing direct patient care in a
				home health setting and three years' experience as a registered nurse. The
				nurse executive must have written administrative authority, responsibility, and
				accountability for the integration and coordination of nursing services
				consistent with the overall agency organization and plan for patient care. The
				nurse executive shall:
a. Be a full-time,
				salaried employee of the agency;
b. Supervise all patient care activities to
				assure compliance with current standards of accepted nursing and medical
				practice;
c. Develop, maintain,
				periodically review, and cause to implement philosophy, objectives, standards
				of practice, policies and procedures, and job descriptions for each level of
				nursing service personnel;
d.
				Ensure there are sufficient qualified nursing personnel to meet the nursing
				care needs of the patients in accordance with the plan of care;
e. Ensure there is a registered nurse
				available by telephone during operating hours and when home health services are
				being provided to receive referrals, orders, patient phone calls, and any other
				concerns that may arise; and
f.
				Identify an alternate registered nurse in writing to function as the nurse
				executive when the nurse executive is not available.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-15 - Patient plan of care

Current through Supplement No. 393, July, 2024
A written plan of care must be developed for each patient
				  which must include reference to at least the following:
1. All pertinent diagnoses;
2. Prognosis, including short-term and
				long-term objectives of care;
3.
				Types and frequency of services to be provided, including medication, diet,
				treatment procedures, equipment, and devices;
4. Functional limitations of the patient;
5. Activities permitted;
6. Safety measures required to
				protect the patient from injury; and
7. Sociopsychological needs of the patient.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC 23-17.3-05,
					 23-17.3-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-16 - Clinical record services

Current through Supplement No. 393, July, 2024
An agency shall maintain clinical records for each patient
				  and provide relevant information from these clinical records to the personnel
				  providing services in the patient's home.
1. The clinical record must contain
				sufficient information to identify the patient clearly, to justify the
				diagnosis and treatment, and to document the results of treatment accurately.
				All clinical records must contain at least the following general categories of
				data:
a. Identification data and consent
				forms;
b. The name, address, and
				phone number of the patient's physician;
c. The physician's signed order for
				therapeutic services and the approved plan of care, which must include, when
				appropriate to the services being provided:
(1) Medical diagnosis;
(2) Medication orders;
(3) Dietary orders;
(4) Treatment orders;
(5) Activity orders; and
(6) Safety orders.
d. Initial and periodic assessments and care
				plans by professionals providing services;
e. Signed and dated admission, observation,
				progress, clinical and supervisory notes, and other information necessary to
				document services are provided and not just offered;
f. Copies of summary reports sent to the
				physician;
g. Diagnostic and
				therapeutic orders signed by the physician;
h. Reports of treatment and clinical
				findings;
i. Transfer form, if
				applicable; and
j. Discharge
				summary.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-17 - Therapeutic services

Current through Supplement No. 393, July, 2024
Any therapeutic service provided by the agency, either
				  directly or by contract, must be provided by individuals qualified consistent
				  with state law to provide the therapeutic service. Individuals providing
				  therapeutic services shall:
1.
				Provide treatments in accordance with the scope of practice for their
				profession.
2. Assess the needs of
				the patient, prepare a plan of care based on the assessment, and provide
				services to the patient as specified in the plan of care, reassessing the
				patient's response to services provided and revising a plan of care as needed.
3. Prepare clinical and progress
				notes to be included in the clinical record.
4. Participate in and document all care
				planning, care conferences, and quality improvement activities.
5. Act as a consultant to other agency
				personnel.
6. Work with the
				family.
7. Teach and supervise
				other health personnel when appropriate.
General Authority: NDCC 23-01-04, 23-17.3-08
Law Implemented: NDCC 23-17.3-01, 23-17.3-05,
					 23-17.3-08
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-10.1 - Home Health Agencies › Section 33-03-10.1-18 - Home health aide training and competency evaluation

Current through Supplement No. 393, July, 2024
Any individual employed by an agency to provide home health
				  aide services directly or by contract must complete a nurse aide training and
				  competency evaluation program or a competency evaluation program which meets
				  the following:
1. The training
				program must total at least seventy-five clock hours, with at least sixteen of
				the seventy-five hours being devoted to classroom training prior to initiating
				the supervised practical training. At least sixteen hours of the total program
				hours must be devoted to supervised practical training.
a. The training, including supervised
				practical training, of home health aides must be performed under the general
				supervision of a registered nurse who possesses a minimum of two years of
				nursing experience, at least one year of which must be in the provision of home
				health care services. Other professionals may be used to provide instruction
				under the supervision of the qualified registered nurse.
b. The training program must, at a minimum,
				include the following topics:
(1)
				Communication skills;
(2)
				Observation, reporting, and documentation of patient status and care or
				services furnished;
(3) Reading
				and recording of temperature, pulse, and respiration;
(4) Basic infection control procedures;
(5) Basic elements of body
				functioning and changes in body function that must be reported to an aide's
				supervisor;
(6) Maintenance of a
				clean, safe, and healthy environment;
(7) Recognizing emergencies and knowledge of
				emergency procedures;
(8) The
				physical, emotional, and developmental needs of and ways to work with the
				patients served;
(9) Patient
				rights;
(10) Appropriate and safe
				techniques in personal hygiene and grooming which include:
(a) Bed bath;
(b) Sponge, tub, or shower bath;
(c) Shampoo, sink, tub, or bed;
(d) Oral hygiene; and
(e) Nail or skin care.
(11) Safe transfer techniques and ambulation;
(12) Normal range of motion and
				positioning;
(13) Adequate
				nutrition and fluid intake; and
(14) Any other tasks the agency may choose to
				have the home health aide perform.
c. The agency must maintain sufficient
				documentation to demonstrate that the requirements for the training of home
				health aides of this section are met.
d. Agencies that have had state or federal
				enforcement action, other than the citation of deficiencies, filed against them
				in the past two years are not eligible to operate a home health aide training
				program.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-01 - Definitions

Current through Supplement No. 393, July, 2024
Words defined in North Dakota Century Code chapter 43-38
				  have the same meaning in this chapter, and in addition:
1. "Aseptic technique" means practices that render and keep
				  the skin site and instruments free from all micro-organisms or contamination.
2. "Department" means the state department of health and
				  consolidated laboratories.
3. "Initial license" means the first license.
4. "Person" means an individual human being.
5. "Relicensure" means any license issued after the initial
				  license.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-02 - License required - Fees

Current through Supplement No. 393, July, 2024
1. A person
				may not hold oneself out to the public as an electronic hair removal technician
				without a license issued by the department.
2. A license may not be sold, assigned, or
				transferred.
3. The license shall
				expire midnight on December thirty-first of the year issued. License renewal
				shall be on a calendar year basis renewable on January first of each year.
4. The license shall be displayed
				in a conspicuous place easily viewable by the persons treated.
5. The license fee shall be thirty dollars
				each for an initial license for the first year or part of a year.
6. The relicensure fee shall be twenty-five
				dollars each per year or part of a year.
7. Licenses shall be issued and license fees
				will be collected on a calendar year basis. License fees will not be prorated
				for a partial year.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-03 - Application for license

Current through Supplement No. 393, July, 2024
Application for a license shall be made to the department on
				  forms prescribed by the department.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-04 - Issuance and renewal of licenses

Current through Supplement No. 393, July, 2024
1.
				The state health council shall delegate to the department the authority to
				manage and implement the electronic hair removal technician licensure program.
2. Upon receipt of an initial or
				relicensure application, the department shall evaluate the applicant's
				qualifications.
3. If minimum
				standards described in section
				33-03-11-05 are met, the
				department shall issue a license.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-05 - Minimum standards for licensure

Current through Supplement No. 393, July, 2024
1.
				An applicant for licensure must meet the minimum standards prescribed by this
				subsection.
a. The applicant must be at least
				eighteen years of age.
b. The
				applicant must have a general education equivalent to the completion of four
				years of high school or certificate of general educational development.
c. An electronic hair removal
				technician must have successfully completed a course in an electrolysis school
				which meets the minimum standards as set forth in section 33-03-11 -08 in
				electronic hair removal in the technique of removing hair other than through
				the use of the electric needle. The applicant must provide one letter of
				recommendation for the issuance of a technician license from one instructor
				knowledgeable in the electronic hair removal process without the use of an
				electric needle.
d. Written
				procedures for aseptic techniques acceptable to the department must be
				developed and implemented by the licensee.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-06 - Denial, suspension, or revocation of license

Current through Supplement No. 393, July, 2024
The department may deny, suspend, or revoke a license for
				  noncompliance with this chapter.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-07 - Department - Administration of program

Current through Supplement No. 393, July, 2024
The department shall administer the licensing program in
				  North Dakota pursuant to subsection 5 of North Dakota Century Code section
				  43-38-03.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 23-01-05,
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-08 - Recognition of curriculum

Current through Supplement No. 393, July, 2024
1. The
				department will recognize an applicant for a license as eligible for a license
				when the applicant has graduated from a school which has provided at a minimum
				two hundred hours of training in the following curriculum areas taught by
				instructors:
a. Practical training in the
				following
branches of electrolysis:
Sanitation and sterilization
as applied to electrology
Patron protection
Universal precautions
Use of the electrical currents
Use of equipment and instruments
Precautionary measures to observe
before and after treatment
Immediate aftercare
Home care (patron instruction in home care)
Destruction of the papilla
Observation (demonstration and result of work)
Note: At least two-thirds of the hours in this subject shall
				  be in actual performance of services on another person.
b. Theoretical and practical training in the
				following:
Ethics, professional conduct
Optional and unassigned hours
c. Theory covering the following subjects:
Sanitation and sterilization
as applied to electrology
Universal precautions
Electricity
Dermatology
Trichology
Bacteriology
study of the peripheral
vascular system (capillaries)
Study of the sensory nervous
system (nerve endings)
Hygiene
Provisions of the electrolysis law
and regulations pertinent to the
practice of electrology.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11 - Electronic Hair Removal Technician › Section 33-03-11-09 - Curriculum substitution

Current through Supplement No. 393, July, 2024
In lieu of the course requirements listed in section
				  33-03-11-08, operators of
				  depilatron and removatron-type hair removal machines shall be required to
				  complete forty hours of coursework in an acceptable program designed
				  specifically for the machines which they will be operating. Such coursework
				  shall be submitted to the department and approved on a case-by-case basis prior
				  to operator licensure. In addition to these requirements, an operator of a
				  depilatron or removatron-type hair removal machine shall be a licensed
				  cosmetologist in accordance with North Dakota Century Code chapter 43-11.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Approved" means determined acceptable in writing, by the
				  department.
2. "Aseptic technique" means practices that render and keep
				  the skin site and instruments free from all micro-organisms or contamination.
3. "Department" means the department of health and
				  consolidated laboratories.
4. "Electrologist" means a person proficient in the permanent
				  removal of hair by electrology and who is currently licensed by the department
				  to practice in North Dakota.
5. "Electrology" means the permanent removal of hair by the
				  conduction of an electrical current through a probe inserted into the hair
				  follicle to destroy the papilla.
6. "Electrology continuing education hour" means a
				  sixty-minute session or home study course approved by a national electrology
				  association or organization, or an infection control or electrology-related
				  session provided by a hospital or another health care related setting.
7. "Facility" means all areas used by the electrologist and
				  client.
8. "Initial license" means the first license.
9. "Instruments" means probes, forceps, hemostats, tweezers,
				  or other equipment required for the actual hair removal process.
10. "National association or organization" means the American
				  electrology association, the international guild of professional
				  electrologists, or the society of clinical and medical electrologists.
11. "Official transcript" means a school's certified document
				  that lists the courses, course hours, and grades of an electrolysis program.
12. "Probe" means the needle or filament used to administer
				  the electric current to the hair-papilla.
13. "Provisional" means license granted based on conditions
				  as established specifically by the department in response to noncompliance with
				  the licensure requirements in this chapter.
14. "Relicensure" means the issuance of any license after the
				  initial license.
15. "Renew" means to extend a current license for one year if
				  compliance with licensure rules has been maintained.
16. "Violation of licensure requirement" means noncompliance
				  with requirements of this chapter.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-02 - Licensure requirements

Current through Supplement No. 393, July, 2024
1. The state
				health council shall delegate to the department the authority to manage and
				implement the electrology licensure program.
2. A person may not hold themselves out to
				the public as an electrologist or practice electrology without a current
				license issued by the department.
3. A license may not be sold, assigned, or
				transferred.
4. The license
				expires at midnight on December thirty-first of the year issued. Licensure
				renewal must be on a calendar year basis renewable on January first of each
				year.
5. The license must be
				displayed in a place easily viewable by clients and the public.
6. The initial license fee is fifty dollars
				for the first year and will not be prorated for a partial year.
7. The license renewal fee is twenty-five
				dollars per year. Licenses will be issued and license fees will be collected on
				a calendar year basis and will not be prorated for a partial year.
8. A licensed electrologist must practice
				permanent hair removal through the use of an electronic probe.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-02,
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-03 - Application for initial licensure

Current through Supplement No. 393, July, 2024
Application for an initial license must be made to the
				  department on forms prescribed by the department and must be accompanied by:
1. The initial license fee;
2. Proof of age of at least
				eighteen and identity such as driver's license or birth certificate, and a copy
				of a high school diploma, or certificate of general educational development, or
				degree from an accredited institution of higher education; and
3. An official transcript from an electrology
				school meeting the program requirements for training as defined in section
				33-03-11.1-17.
General Authority: NDCC 43-38-03
Law Implemented: NDCC 43-38-02,
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-08 - Issuance, renewal, and reactivation of a license

Current through Supplement No. 393, July, 2024
1. Upon receipt of an initial licensure
				application or a relicensure application, the department shall evaluate the
				qualifications of the applicant for compliance with the requirements of this
				chapter.
2. Falsification of
				information on the application shall constitute license revocation.
3. The department may evaluate an
				electrologist's compliance with these licensure requirements at any time
				through:
a. An announced or unannounced
				onsite inspection scheduled at the discretion of the department; or
b. A request for submission of written
				documentation verifying compliance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-09 - Continuing education

Current through Supplement No. 393, July, 2024
1. To maintain
				licensure, electrologists must obtain a minimum of five electrology continuing
				education hours per year.
2.
				Certificates of completion to verify number of continuing education hours must
				be submitted to the department along with annual renewal applications and fees
				in order to obtain a renewal license.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-10 - Infection control and safety

Current through Supplement No. 393, July, 2024
Written policies and procedures must be established and
				  implemented by the licensed electrologist for infection control and safety and
				  shall include at a minimum the following:
1. Handwashing and glove use.
a. Hands must be washed before treatment of
				each client, before donning gloves, and immediately after gloves are removed.
b. Handwashing must include the
				use of antibacterial soaps:
(1) Bar soaps
				must be kept on a rack to allow water to drain.
(2) Liquid soap containers must be
				disposable; or
(3) Reusable liquid
				soap containers must be cleaned and refilled with fresh soap at least once a
				month.
c. The
				handwashing technique used must include:
(1)
				Use of antibacterial soap and water;
(2) A vigorous rubbing together of all
				surfaces of lathered hands, especially between fingers and fingernail areas,
				for at least fifteen to twenty seconds;
(3) A thorough rinsing under a stream of
				water; and
(4) Hands dried
				thoroughly with a clean disposable paper towel, then faucets turned off with
				the paper towel.
d. A
				new pair of nonsterile disposable examination gloves must be worn during the
				treatment of each client.
e. When
				a treatment session is interrupted, gloves must be removed and discarded. When
				gloves are removed during a treatment session, hands must be washed as provided
				in subdivision c and a fresh pair of gloves used prior to continuing the
				treatment session.
f. Gloves must
				be worn during the procedures of mechanical precleaning, cleaning, rinsing, and
				drying of needles or probes and forceps or tweezers.
g. To r n o r p erforated gloves must be
				removed immediately, and hands must be washed as provided in subdivision c
				after the gloves are removed.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-12 - Equipment

Current through Supplement No. 393, July, 2024
Practicing electrologists shall maintain the following
				  equipment:
1. A probe-type epilator
				approved by the federal communications commission.
2. A sufficient supply of sterile disposable
				or nondisposable needles or probes, probe tips, and forceps or tweezers for
				each patient.
3. A treatment light
				to enable adequate visualization of the treatment area.
4. A hemostat, forceps, or tweezer forcep to
				transfer sterile instruments utilizing aseptic techniques.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-13 - Restrictions to practice

Current through Supplement No. 393, July, 2024
Electrologists may not perform electrology treatment if any
				  of the following are present:
1.
				Licensee is diagnosed as having a communicable disease or parasitic infection.
2. The hair to be removed is in an
				area of high bacterial colonization such as nostrils or ear canals.
3. The hair to be removed is from a wart,
				mole, birthmark, eyelashes, a diabeticclient, or a client with a pacemaker
				unless written permission for the treatment has been obtained from the client's
				physician prior to treatment.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-11.1 - Electrolysis › Section 33-03-11.1-14 - Client records

Current through Supplement No. 393, July, 2024
Licensed electrologists shall compile and maintain a record
				  of health history assessment information on each client. Each record must
				  include at least:
1. Name and address
				of client.
2. Type of treatment
				required or requested and physician permission if necessary.
3. Description of hair and skin.
4. Date, duration, and area of each
				treatment.
5. Special instructions
				or notations relating to treatment precautions or needs, such as allergies or a
				pacemaker.
6. Name and telephone
				number of referring physician if applicable.
7. Outcome of treatment.
General Authority: NDCC 43-38-03
Law Implemented: NDCC
					 43-38-03