reglab/statecodes huggingface dataset:
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 33-03-30-07 - Waiver process

Current through Supplement No. 393, July, 2024
Upon written application, the department may grant a waiver
				  from specific provisions of this chapter, except no waiver may be granted which
				  may permit or authorize a danger to the health or safety of residents or impede
				  their normalization process. Waivers specific to Life Safety Code requirements
				  must be approved in writing by the state fire marshal prior to department
				  approval.
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 33-03-31 - Certificate of Public Advantage › Section 33-03-31-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless otherwise defined, or made inappropriate by context,
				  all words used in this chapter have the meanings given to them under North
				  Dakota Century Code chapter 23-17.5, except:
1. "Applicant" or "applicants" means the party or parties to
				  a cooperative agreement for which a certificate of approval is sought under
				  this chapter.
2. "Certificate" means a certificate of public advantage
				  issued under this chapter.
3. "Competition" means that state of the relevant market in
				  which individual buyers and sellers do not influence price by their purchases
				  or sales.
4. "Relevant geographic market" means that geographic area
				  from which the applicants traditionally draw significant patronage in the
				  relevant product market, or, in the case of a new product, that area from which
				  the applicants may reasonably anticipate significant patronage.
5. "Relevant product market" means a product or group of
				  products offered by the applicants under the cooperative agreement and all
				  products or groups of products that a reasonable health care consumer would
				  find to be acceptable substitutes.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-17.5-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-31 - Certificate of Public Advantage › Section 33-03-31-02 - Administration by state health officer

Current through Supplement No. 393, July, 2024
The state health officer or, if appropriate, the officer's
				  designee shall administer the provisions of this chapter.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-17.5
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-31 - Certificate of Public Advantage › Section 33-03-31-03 - Application, filing fee, and prefiling procedure

Current through Supplement No. 393, July, 2024
1.
Form and content of application.
The applicants may submit an application in whatever form or content
				they deem appropriate, subject only to the requirements of this section. The
				application must be supported by sufficient information and documentation to
				meet the applicants' burden of proof with respect to the standards for
				certification set forth in North Dakota Century Code section 23-17.5-03.
2.
Minimum application
				requirements.
An application for a certificate must include:
a. The exact name of each applicant, type of
				business organization, and the address of each applicant's principal business
				office.
b. For each applicant, the
				name, address, and telephone number of the person authorized to receive notices
				and communications with respect to the application.
c. A description of the nature and scope of
				the cooperation in the agreement.
d. A description of any consideration passing
				to any party under the agreement.
e. A proposed plan for postcertificate
				monitoring and active supervision by the department. This proposed plan must
				include:
(1) A description of the standards
				and criteria by which the benefits and disadvantages of the agreement may be
				measured. These may include the standards and criteria used by the applicable
				professional accreditation or certification agencies or bodies. It is preferred
				that any standards and criteria measuring quality focus on patient or client
				outcomes.
(2) A description of the
				information and the format for reports to be submitted periodically to the
				department sufficient to permit the department to evaluate whether performance
				by the applicants under the cooperative agreement is consistent with state
				policy as expressed in North Dakota Century Code chapter 23-17.5.
(3) A schedule setting forth the dates on
				which the compliance information will be periodically submitted to the
				department.
f. A copy
				of the cooperative agreement.
g. A
				verified statement by an authorized officer of each applicant attesting to the
				accuracy of the information contained in the application.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-31 - Certificate of Public Advantage › Section 33-03-31-04 - Notice and hearing

Current through Supplement No. 393, July, 2024
1.
Notice of hearing.
Upon filing of the application and payment of
				the application fee and at least twenty days prior to the date set for hearing,
				the department shall provide the applicants with written notice of the time and
				place for the public hearing on the application. The department shall also,
				within that period, publish a notice of hearing in the official newspapers of
				all counties where any of the applicants have a principal place of business and
				all counties in which the applicants plan to do business under the cooperative
				agreement. The published notice must include sufficient information to advise
				the public of the nature of the cooperative agreement and must invite written
				comments and oral testimony from the public at the public hearing.
2.
Public hearing.
The public
				hearing must be conducted by an independent hearing officer under article
				98-02. If requested by the department the hearing officer shall prepare a
				recommended decision, including finds of fact, conclusions of law, and a
				proposed order approving the application, not approving it, or approving it
				subject to terms and conditions.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-17.5-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-31 - Certificate of Public Advantage › Section 33-03-31-06 - Active supervision of certified agreements

Current through Supplement No. 393, July, 2024
1. The order approving the application must
				set forth a plan for postcertificatemonitoring and active supervision of the
				activities of the parties under the certified cooperative agreement. The plan
				must include:
a. A description of the
				standards and criteria by which the actual benefits and disadvantages of the
				agreement may be measured.
b. A
				description of the information and the format for reports to be submitted
				periodically to the department sufficient to ensure that performance by the
				parties under the certified agreement is in accord with the state policy as
				expressed in North Dakota Century Code chapter 23-17.5.
c. A schedule setting forth the dates on
				which the information and reports determined under subsection 2 will be
				submitted to the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-31 - Certificate of Public Advantage › Section 33-03-31-07 - Certificate modification

Current through Supplement No. 393, July, 2024
At any time after the certificate of public advantage has
				  been issued, the terms and conditions of the certificate may be modified by
				  agreement between the applicants and the department. Before agreeing to modify
				  any certificate, the department shall publish notice of the proposed
				  modifications in the official newspapers of all counties in which any of the
				  parties to the certified agreement have a principal place of business and of
				  all counties in which the parties do business under the cooperative agreement.
				  The notice must contain an explanation of the proposed modification and invite
				  comments on the proposed modification. Upon motion of the parties or upon its
				  own motion, the department may hold a public hearing on the proposed
				  modification. A modification agreement becomes effective thirty days following
				  the later of the date of the public notice or the public hearing, if any.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-17.5
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-31 - Certificate of Public Advantage › Section 33-03-31-08 - Certificate termination

Current through Supplement No. 393, July, 2024
1.
Grounds for termination.
After notice and hearing, the department
				may terminate a certificate of public advantage if it is found to be more
				probable than not that:
a. The applicants
				have failed to comply with material terms or conditions of thecertificate of
				public advantage;
b. The
				applicants have failed to perform the terms and conditions of the cooperative
				agreement as represented to the department at the time of the application; or
c. The likely or actual benefits
				to health care consumers from the cooperative agreement no longer outweigh the
				disadvantages attributable to a reduction in competition resulting from the
				agreement.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-32 - State Community Matching Loan Repayment Program For Nurse Practitioners, Physicians Assistants, and Certified Nurse Midwives › Section 33-03-32-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Center for rural health" means the center for rural
				  health at the university of North Dakota.
2. "Community" means any county, city, or township in North
				  Dakota.
3. "Council" means the state health council.
4. "Department" means the state department of health and
				  consolidated laboratories.
5. "Eligible applicant" means a nurse practitioner, physician
				  assistant, or certified nurse midwife who is licensed or registered to practice
				  by the respective state regulatory agency.
6. "Eligible community" means a North Dakota community with a
				  need for a nurse practitioner, physician assistant, or certified nurse midwife.
				  The center for rural health shall designate eligible communities.
7. "Eligible loan" means an educational loan acceptable to an
				  accredited nurse practitioner, physician assistant, or nurse midwife
				  educational program 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 43-12.2
Law Implemented: NDCC
					 43-12.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-32 - State Community Matching Loan Repayment Program For Nurse Practitioners, Physicians Assistants, and Certified Nurse Midwives › Section 33-03-32-02 - Responsibilities and process

Current through Supplement No. 393, July, 2024
1. At least
				annually the center for rural health shall provide public notice of the loan
				repayment programs to communities and accredited nurse practitioner and
				physician assistant educational programs in North Dakota and to selected nurse
				midwife educational programs in the United States and Canada.
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 43-12.2-04, the form must include:
a. A statement of health personnel needs.
b. A signed statement of community
				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 33-03-32 - State Community Matching Loan Repayment Program For Nurse Practitioners, Physicians Assistants, and Certified Nurse Midwives › Section 33-03-32-03 - 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 by the state and by the community.
b. The specific term in which the nurse
				practitioner, physician assistant, or certified nurse midwife is obligated to
				provide primary health care 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 43-12.2.
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 33-03-33 - Long-Term Care Nursing Scholarship and Loan Repayment Grant Program › Section 33-03-33-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Acceptable loan" means an educational loan to a nurse or
				  an individual training to become a nurse under the long-term care nursing
				  scholarship and loan repayment grant program which is made by a bank, credit
				  union, savings and loan association, insurance company, accredited school,
				  government, or other fiscal 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.
2. "Applicant" means a licensed nursing facility seeking a
				  grant for nursing education scholarships or loan repayments to nurses and other
				  nursing facility staff employed or recruited by and employed or under contract
				  with the applicant.
3. "Council" means the state health council.
4. "Department" means the state department of health.
5. "Eligible nurse loan repayment applicant" means a nurse
				  who is licensed or registered to practice by the North Dakota board of nursing
				  and is employed or recruited by and under contract with a nursing facility.
6. "Eligible scholarship applicant" means an individual
				  enrolled in an accredited school of nursing approved by the North Dakota board
				  of nursing, pursuing a nursing degree, and who is employed or recruited by and
				  under contract with a nursing facility.
7. "Nurse" has the meaning set forth in North Dakota Century
				  Code section 43-12.1-02.
8. "Nursing facility" has the meaning set forth in North
				  Dakota Century Code section 50-30-01.
General Authority: NDCC 23-01-03.3
Law Implemented: NDCC
					 23-01-03.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-33 - Long-Term Care Nursing Scholarship and Loan Repayment Grant Program › Section 33-03-33-02 - Responsibilities and process

Current through Supplement No. 393, July, 2024
1. A nursing
				facility wishing to be designated as eligible for participation in the program
				shall complete an application form developed by the department. This
				application form will be available upon request from the department. Completed
				forms must be submitted to the department. In addition to the criteria stated
				in North Dakota Century Code section 23-01-03.3, the application must include
				assurances the nursing facility:
a. Is
				licensed by the department;
b. Has
				matching funds equal to the amount of the grant request;
c. Will use grant and matching dollars under
				this program for loan repayment or scholarship purposes; and
d. Will not use any money received under
				section 24 of chapter 431 of the 2001 Session Laws for the purpose of providing
				the facility's matching share of a long-term care nursing scholarship and loan
				repayment grant.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-33 - Long-Term Care Nursing Scholarship and Loan Repayment Grant Program › Section 33-03-33-03 - Eligibility and priority

Current through Supplement No. 393, July, 2024
If the council determines, with respect to grants awarded
				  after June 30, 2002, that there are insufficient funds to give awards in the
				  amount requested to all qualified nursing facilities, then the council in
				  awarding grants may consider any factors that the council considers important
				  to retain current nursing staff or recruit additional nurses at nursing
				  facilities in this state.
General Authority: NDCC 23-01-03.3
Law Implemented: NDCC
					 23-01-03.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-34 - AUTISM SPECTRUM DISORDER DATABASE › Section 33-03-34-01 - Purpose

Current through Supplement No. 393, July, 2024
The purpose of these rules is to establish and administer a
				  state autism spectrum disorder database of all reported cases of autism
				  spectrum disorder to improve current knowledge and understanding of autism
				  spectrum disorder in North Dakota.
General Authority:
NDCC
					 23-01-03,
					 23-01-04,
					 23-01-41
Law Implemented:
NDCC
					 23-01-41
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-34 - AUTISM SPECTRUM DISORDER DATABASE › Section 33-03-34-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Autism spectrum disorder" is a
				neurodevelopmental disorder that refers to a wide range of symptoms and
				severity levels which is typically manifested in impaired social interaction;
				problems with verbal and nonverbal communications; and restricted, repetitive
				patterns of behavior, interests, or activities.
2. "Autism spectrum disorder database" is the
				system established by the department for reporting and recording of all
				reported cases of autism spectrum disorder in the state.
3. "Complete physical evaluation" is the
				evaluation of an individual which is performed as part of the diagnostic
				process for autism spectrum disorder. The purpose is to rule out other
				conditions with similar symptoms to autism spectrum disorder.
4. "Department" means the state department of
				health.
5. "Reporter" is any
				physician, psychologist, or other licensed or certified health care
				professional who is qualified by training and by licensure or certification to
				make the diagnosis of autism spectrum disorder. Qualified reporters include
				physicians, psychologists, nurse practitioners, clinical nurse specialists,
				licensed independent clinical social workers, and licensed professional
				clinical counselors.
6. "Licensed
				independent practitioner" is any practitioner permitted by law to provide care
				and services, without direction or supervision, within the scope of the
				practitioner license and consistent with individually assigned clinical
				responsibilities.
7. "Reporter's
				designee" is a person who has been designated by a reporter to report an
				individual to the autism spectrum disorder database.
General Authority:
NDCC
					 23-01-03,
					 23-01-04,
					 23-01-41
Law Implemented:
NDCC
					 23-01-41
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-34 - AUTISM SPECTRUM DISORDER DATABASE › Section 33-03-34-03 - Reporting requirements

Current through Supplement No. 393, July, 2024
1. A
				reporter or the reporter's designee shall report to the department any
				individual diagnosed with autism spectrum disorder who is the reporter's
				patient or client, provided the individual or at least one of the individual's
				parents or guardians is a resident of North Dakota.
2. A reporter or the reporter's designee
				shall report in the form and manner directed by the department, including the
				reported individual's diagnosis under the most recent edition of the American
				Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders
				and whether a complete physical evaluation was performed by a licensed
				independent practitioner as part of the diagnostic process for autism spectrum
				disorder.
3. A reporter or the
				reporter's designee shall report newly diagnosed individuals to the department
				within thirty days of the diagnosis. A reporter or the reporter's designee
				shall report a previously diagnosed individual to the department within thirty
				days of the individual's first patient or client encounter with the reporter or
				thirty days of the effective date of these regulations, whichever is
				later.
General Authority:
NDCC
					 23-01-03,
					 23-01-04,
					 23-01-41
Law Implemented:
NDCC
					 23-01-41
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Facility" means a residential end-of-life
				facility.
2. "Residential services"
				means intermittent, nonpersonal care tasks, such as housekeeping, laundry,
				shopping, and arranging for transportation.
3. "Support services" includes responsibility
				for patient health and safety, assistance with activities of daily living and
				instrumental activities of daily living, provision of leisure, recreational,
				and therapeutic activities, supervision of nutritional needs, and medication
				administration.
4. "Volunteer
				services" means the services provided by individuals, voluntarily and without
				remuneration, who have successfully completed a training program implemented by
				the facility.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-02 - Issuance of license and fees

Current through Supplement No. 393, July, 2024
A facility shall obtain a license from the department in
				  order to operate in this state.
1.
				Application to operate a facility must be made to the department before opening
				a facility upon determination by the department that the facility meets the
				definition of a facility.
2. A
				facility shall apply to the department for a license in the form and manner
				prescribed by the department.
3.
				Upon receipt of an application for an initial license, the department may
				schedule an inspection. Upon completion of the inspection and consideration of
				the findings, the department may issue an initial or provisional license, or
				deny the application.
4. An initial
				license is valid for a period not to exceed one year and shall expire on
				December thirty-first of the year issued.
5. Licenses must be issued on a calendar year
				basis and expire on December thirty-first of each year. An application for
				licensure renewal must be received by the department thirty days before the
				beginning of the licensure period to process.
6. A provisional license may be issued to a
				facility that does not comply with this chapter if practices in the facility do
				not pose a danger to the health and safety of the patients, as determined by
				the department.
a. A provisional license must
				be accompanied by a written statement of the specific rules or statutes the
				facility is in noncompliance of and the expiration date of the license, which
				is not to exceed three months from the date of issuance.
b. If compliance with the requirements has
				been determined by the department before the expiration of the provisional
				license, an annual license may be issued. If an acceptable plan of correction
				has been approved by the department but compliance has not yet been achieved,
				the provisional license may be renewed no more than one time for an additional
				period up to three months at the discretion of the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-03 - Waiver provision

Current through Supplement No. 393, July, 2024
The department may waive licensure requirements for specified
				  periods of time provided compliance with the requirement would result in an
				  unreasonable hardship upon the facility and lack of compliance does not
				  adversely affect the health or safety of the patients.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-04 - Governing body

Current through Supplement No. 393, July, 2024
1. The facility
				shall have a clearly defined, organized governing body that assumes full legal
				responsibility for the overall conduct and operation of the facility.
2. The governing body is responsible for
				approval and implementation of effective patient care and administrative
				policies and procedures for the operation of the facility. These policies and
				procedures must be in writing, signed, dated, reviewed annually, and revised as
				necessary.
3. The governing body
				shall appoint an administrator to be in charge of the general administration of
				the facility. Provisions must be made in writing for an identified staff member
				to be responsible for the onsite operation of the facility in the absence of
				the administrator.
4. The governing
				body shall ensure sufficient trained and competent staff are available to
				provide twenty-four-hour residential and support services.
5. The governing body shall ensure training
				and competency evaluation is completed for all staff and volunteers specific to
				the care and services provided and necessary to meet the needs of the
				terminally ill patient.
6. The
				governing body shall ensure a homelike environment is provided and provide
				overnight family visitation within the facility.
7. The governing body shall ensure the
				facility has an agreement with one or more hospice programs licensed under
				North Dakota Century Code chapter 23-17.4 to provide hospice services. The
				agreement must clearly detail the responsibility of the parties involved and
				must include:
a. A detail of the licensed
				hospice program and the facility's responsibilities for all services delivered
				to the hospice patient or the hospice patient's family, including:
(1) Providing medical direction and
				management of the hospice patient;
(2) Nursing services;
(3) Spiritual, dietary, bereavement, or other
				counseling services;
(4) Social
				work;
(5) Provisions of medical
				supplies and equipment;
(6)
				Provisions of drugs necessary for the palliation of pain and symptoms
				associated with the terminal illness and related conditions; and
(7) Any other hospice services that are
				necessary for the care of the patient.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-05 - Codes and standards

Current through Supplement No. 393, July, 2024
1. A facility must
				be designed, constructed, equipped, maintained, and operated in compliance
				with:
a. North Dakota Century Code section
				54-21.3-04.1, relating to accessibility standards;
b. The requirements for food and beverage
				establishments issued by the department;
c.
										Article
				62-03.1 relating to
				plumbing standards;
d. Title 24.1
				relating to electrical wiring standards; and
e.
										45-12 relating to boiler rules and
				regulations.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-06 - Plans and specifications

Current through Supplement No. 393, July, 2024
1. A
				facility shall submit plans and specifications to the department for approval
				for all construction, remodeling, and installations subject to review. The
				plans and specifications must be prepared by an architect or engineer licensed
				in North Dakota, unless otherwise determined by the department.
2. A facility shall contact the department
				prior to any substantial changes in or alterations to any portion of the
				structure to determine to what extent it is subject to review. A substantial
				change includes alterations affecting the fire safety or structural integrity
				of the building, changes in service areas or services provided within a service
				area, changes in bed capacity, or any other change governed by the standards of
				this chapter. The department may request plans, specifications, or other
				information as may be required and shall make the final determination on those
				areas subject to review.
3. Start
				of construction prior to approval by the department of the final plans and
				specifications is not permitted.
4.
				All construction, remodeling, and installations must be in accordance with the
				final plans and specifications approved by the department. Modifications or
				deviations from the approved plans and specifications must be submitted to and
				approved by the department.
5. The
				department may make inspections of construction, remodeling, or installations
				and arrange conferences with the facility to ensure conformance with approved
				plans and specifications.
6. The
				construction specifications must require the contractor to perform tests to
				ensure all systems conform to the approved plans and specifications.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-08 - General building requirements

Current through Supplement No. 393, July, 2024
1. The
				facility shall design and equip areas for the comfort and privacy of each
				patient and patient's family. Each dwelling unit must have:
a. A bed, a mattress, appropriate bedding, a
				bedside stand, and a chair appropriate to the needs and comfort of the patient.
				All furniture and furnishings must be well-constructed, comfortable, in good
				repair, kept clean, and maintained in a serviceable condition.
b. Physical space for private patient and
				family visiting.
c. Physical space
				to ensure visual privacy for personal care.
d. Accommodations for the patient's family to
				remain with the patient. When sleeping accommodations, including a recliner,
				sleep chair, or sleep sofa, are in the patient room, adequate space for
				circulation when the furnishing is fully open must be provided so staff can
				access the patient in case of an emergency. Storage space must be provided to
				accommodate and secure overnight guests' belongings.
e. If a hardwired communication system is
				used in patient dwelling units, each patient must be provided with a call
				device. Calls must be initiated by a patient activating a device that sends a
				call signal to the staff call station or a hand-held mobile device carried by a
				staff member.
f. Bedroom windows
				must have window shades and provision shall be made for patient and family to
				completely darken the patient's room.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-09 - Patient records

Current through Supplement No. 393, July, 2024
1. The facility
				shall keep accurate, current, and confidential records of all
				patients.
2. The facility shall
				provide for secure maintenance and storage of all patient records.
3. Patient records must include:
a. Complete identification of each patient,
				including information on the patient's next of kin and responsible
				person.
b. Initial and subsequent
				assessments of each patient.
c. The
				current person-centered care plan.
d. The current hospice care plan.
e. Complete documentation of all services
				rendered.
f. An admission
				note.
g. A medication
				administration record documenting medication administration consistent with
				applicable state laws, rules, and practice acts.
h. Consent and authorization forms.
i. A discharge note, including disposition of
				the patient's personal effects, money, or valuables deposited with the
				facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-10 - Pharmacy and medication administration services

Current through Supplement No. 393, July, 2024
1. The facility shall coordinate with the
				licensed hospice provider for the administration and provision of
				pharmaceutical services consistent with the drug therapy needs of the
				patient.
2. The facility shall
				provide assistance to the patient in obtaining necessary medications and
				medical supplies.
3. Drugs and
				biologicals must be administered by an individual certified or licensed to
				administer medications or the patient, family member, or other caregiver as
				specified in the patient's plan of care.
4. The facility shall provide a secure area
				for medication storage and shall have policies and procedures for the control,
				storage, handling, administration, recordkeeping, and disposal of medication,
				including medications the patient brought from home.
5. All medications used by patients which are
				administered or supervised by staff must be:
a. Properly recorded by staff at the time of
				administration.
b. Kept and stored
				in original containers labeled consistently with state laws.
c. Properly administered.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-11 - Dietary services

Current through Supplement No. 393, July, 2024
The facility shall meet the dietary needs of the patients,
				  provide dietary services, and the sanitary requirements for food establishments
				  in compliance with section 33-33-04.1 and the North Dakota Century Code
				  chapters 19-02.1 and 23-09.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-12 - Housekeeping and laundry services

Current through Supplement No. 393, July, 2024
The facility shall provide housekeeping and maintenance
				  services necessary to maintain the interior and exterior of the facility in a
				  safe, clean, orderly, and comfortable manner and provide sanitary laundry
				  services, including personal laundry services for patients.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-13 - Admission criteria

Current through Supplement No. 393, July, 2024
Admission and discharge planning for hospice patients must be
				  coordinated with a licensed hospice program.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-14 - Staffing

Current through Supplement No. 393, July, 2024
1. The facility shall maintain a sufficient
				number of qualified staff and volunteers who are trained and competent to
				provide the care and services necessary to meet the needs of the terminally ill
				patient.
2. The facility shall
				employ or contract with a registered nurse to supervise patient care to meet
				the needs of the patients at all times, either directly or indirectly. The
				facility shall employ, contract, or utilize volunteer services of a licensed
				nurse to identify and respond to patient needs, care plan accordingly, provide
				oversight related to care, and review and document the patient's individual
				needs and care provided.
3. When
				utilizing volunteer services:
a. The facility
				shall provide for appropriate orientation and training that is consistent with
				acceptable standards of end-of-life care. There must be an orientation that
				identifies the tasks the volunteer is expected to perform. The orientation
				program must include, at a minimum:
(1) The
				facility goals, services, and philosophy;
(2) Confidentiality and protection of patient
				and family rights;
(3) Procedures
				to be followed in an emergency and following the death of a patient;
				and
(4) Guidance related
				specifically to individual responsibilities.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-35 - Residential End-of-Life Facility Regulation › Section 33-03-35-15 - Patient and family rights

Current through Supplement No. 393, July, 2024
The facility shall develop, adopt, and implement a statement
				  of the rights and responsibilities of hospice patients and members of the
				  hospice patient's family. This statement must be provided to the patient or
				  family member designated by the patient prior to or at the time of admission to
				  the facility. The statement must include provisions assuring each patient and
				  family the following minimum rights:
1. The right to be clearly informed of the
				responsibilities of the facility for care of the patient and family, including
				services to be provided.
2. The
				right to be fully informed, at the time of admission, of the materials and
				equipment available to the patient and family, any financial policies, and
				estimated cost.
3. The right to
				privacy in treatment and in caring for personal needs, and confidentiality in
				the treatment of personal and service records.
4. The right to be informed of any change in
				patient status.
5. The right to be
				treated courteously, fairly, and with the fullest measure of dignity.
General Authority:
NDCC 23-17.7-03
Law Implemented:
NDCC
					 23-17.7-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Ambulatory
				surgical center" means a facility that is certified as an ambulatory surgical
				center by the centers for Medicare and Medicaid services.
2. "Facility" means an extended stay
				center.
3. "License" means a
				certificate of registration.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-02 - Issuance of license and fees

Current through Supplement No. 393, July, 2024
A facility shall obtain a license from the department in
				  order to operate in this state.
1.
				Application to operate a facility must be made to the department prior to
				opening a facility upon determination by the department that the facility meets
				the definition of a facility.
2. A
				facility shall apply to the department for a license in the form and manner
				prescribed by the department.
3.
				Upon receipt of an application for an initial license, the department may
				schedule an inspection. Upon completion of the inspection and consideration of
				the findings, the department may issue an initial or provisional license, or
				deny the application.
4. An initial
				license is valid for a period not to exceed one year and shall expire on
				December thirty-first of the year issued.
5. Licenses must be issued on a calendar year
				basis and expire on December thirty-first of each year. An application for
				licensure renewal must be received by the department thirty days prior to the
				beginning of the licensure period to process.
6. A provisional license may be issued to a
				facility that does not comply with this chapter if practices in the facility do
				not pose a danger to the health and safety of the patients, as determined by
				the department.
a. A provisional license must
				be accompanied by a written statement of the specific rules or statutes the
				facility is in noncompliance of and the expiration date of the license, which
				is not to exceed three months from the date of issuance.
b. If compliance with the requirements has
				been determined by the department prior to the expiration of the provisional
				license, an annual license may be issued. If an acceptable plan of correction
				has been approved by the department but compliance has not yet been achieved,
				the provisional license may be renewed no more than one time for an additional
				period up to three months at the discretion of the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-03 - Waiver provision

Current through Supplement No. 393, July, 2024
The department may waive licensure requirements for specified
				  periods of time provided compliance with the requirement would result in an
				  unreasonable hardship upon the facility and lack of compliance does not
				  adversely affect the health or safety of the patients.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-04 - Governing body

Current through Supplement No. 393, July, 2024
1. The facility
				shall have a clearly defined, organized governing body that assumes full legal
				responsibility for the overall conduct and operation of the facility.
2. The governing body is responsible for
				approval and implementation of effective patient care and administrative
				policies and procedures for the operation of the facility. These policies and
				procedures must be in writing, signed, dated, reviewed annually, and revised as
				necessary.
3. The governing body
				shall appoint an administrator to be in charge of the general administration of
				the facility. Provisions must be made in writing for an identified staff member
				to be responsible for the onsite operation of the facility in the absence of
				the administrator.
4. The governing
				body shall ensure sufficient trained and competent staff are available to
				provide twenty-four hour extended stay services whenever there are patients
				admitted.
5. The governing body
				shall ensure training and competency evaluation is completed for all staff and
				volunteers specific to the care and services provided and necessary to meet the
				needs of the patients.
6. The
				governing body shall ensure the facility has a written agreement with one or
				more affiliated ambulatory surgery centers who have been certified for more
				than twenty-four consecutive months. The agreement must clearly detail the
				responsibility of the parties involved.
General Authority:
NDCC 23-17.6-02
Law Implemented:
NDCC
					 23-17.6-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-36 - Extended Stay Center Registration › Section 33-03-36-05 - Codes and standards

Current through Supplement No. 393, July, 2024
1. A facility must
				be designed, constructed, equipped, maintained, and operated in compliance
				with:
a. North Dakota Century Code section
				54-21.3-04.1, relating to accessibility standards;
b. The requirements for food and beverage
				establishments issued by the department;
c.
										Article
				62-03.1 relating to
				plumbing standards;
d.
										24.1-06
				relating to electrical wiring standards; and
e.
										45-12 relating to boiler rules and
				regulations.