reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-10 - PREPARATION OF COTTAGE FOOD PRODUCTS FOR SALE › Section 33-33-10-05 - Infectious disease

Current through Supplement No. 393, July, 2024
A cottage food operator or member of the cottage food
				  operator's private home afflicted with symptoms consistent with a contagious or
				  infectious disease may not knowingly:
1. Handle or prepare cottage food products;
				or
2. Work in a cottage food
				production area.
General Authority:
NDCC 23-01-03(3)
Law Implemented:
NDCC 23-01-03(3),
					 23-09.5
.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-34 - Petroleum and Fuel Products › Chapter 33-34-01 - Specifications and Standards for Petroleum Products › Section 33-34-01-01 - Analytical specifications

Current through Supplement No. 393, July, 2024
1.
Petroleum and fuel product speci.cations.
Petroleum and fuel products including gasoline,
				  alcohol-blended gasoline, diesel, tractor fuel, fuel oil (heating oil),
				  kerosene, biodiesel, biodiesel blends, and all other alternative fuels shall
				  comply with the most current applicable specifications of American society for
				  testing and materials (ASTM), which are found in section 5 - petroleum
				  products, lubricants, and fossil fuels of that organization's publication
				  "Annual Book of ASTM Standards" and supplements thereto or revisions thereof as
				  may be designated by ASTM, except as modified or rejected by this chapter or
				  any rule promulgated pursuant to chapter 19-10 of the North Dakota Century
				  Code. If gasoline is blended with ethanol, it shall be blended under any of the
				  following three options:
a. The base
				gasoline used in such blends shall meet the requirements of ASTM D4814;
b. The blend shall meet the
				requirements of ASTM D4814; or
c.
				The base gasoline used in such blends shall meet all the requirements of ASTM
				D4814 except distillation, and the blend shall meet the distillations
				requirements of the ASTM specification.
The volatility standards for blends of gasoline and ethanol
				  shall be the same as those adopted under the rules, regulations, and Clean Air
				  Act waivers of the environmental protection agency of the United States
				  department of the interior. Fuel products shall not be blended at a retail
				  location with products commonly and commercially known as casing head gasoline,
				  absorption gasoline, condensation gasoline, drip gasoline, or natural gasoline.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-34 - Petroleum and Fuel Products › Chapter 33-34-01 - Specifications and Standards for Petroleum Products › Section 33-34-01-02 - Labeling specifications

Current through Supplement No. 393, July, 2024
1.
Posted octane rating.
The posted octane rating of a gasoline or
				alcohol-blended gasoline is the mathematical average of the octane as
				determined by the ASTM D2699 Research Method engine test and the octane as
				determined by the ASTM D2700 Motor Method engine test.
a. The posted octane rating must be
				conspicuously placed on the dispenser's front panel in a type not less than one
				inch [2.54 centimeters] high.
b.
				Only gasoline or alcohol-blended gasoline with a posted octane rating greater
				than or equal to ninety-one may be labeled "premium", "supreme", or "high
				test".
c. Only gasoline or
				alcohol-blended gasoline with a posted octane rating greater than or equal to
				eighty-nine may be labeled "super", "plus", or "midgrade".
d. Octane of unleaded and leaded gasoline or
				alcohol-blended gasoline must be at least eighty-seven. Unleaded gasoline or
				alcohol-blended gasoline means that gasoline or alcohol-blended gasoline
				produced without the intentional use of any lead additive and which contains
				not more than five one-hundredths grams of lead per gallon and not more than
				five one-thousandths grams of phosphorus per gallon. Leaded gasoline or
				alcohol-blended gasoline means gasoline or alcohol-blended gasoline which
				contains more than five one-thousandths grams of phosphorus per gallon, or any
				fuel to which lead or phosphorus is intentionally added.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-02 - Eligibility

Current through Supplement No. 393, July, 2024
1. A political subdivision is eligible for
				financial assistance under the state revolving fund if its project is included
				in the current intended use plan.
2. Loans may be made only to political
				subdivisions that:
a. Demonstrate tangible
				financial capability to assure sufficient revenues to operate and maintain the
				facility for its useful life and to repay the loan.
b. Establish an acceptable method of
				repayment of the loan.
c. Agree to
				maintain financial records in accordance with governmental accounting standards
				and to conduct an annual audit of the facility's financial records.
d. Provide such assurances as are required by
				the Act and as reasonably requested by the department.
e. Provide a department approved facility
				plan.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-03 - Refinancing

Current through Supplement No. 393, July, 2024
Loans may be made to political subdivisions to refinance
				  existing debt obligations if they were incurred and building was initiated
				  after March 7, 1985, and if the debts were used to finance projects identified
				  in the intended use plan. In addition, the projects must satisfy the statutory
				  requirements contained in section 602(b)(6) of the Act.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-04 - Intended use plan

Current through Supplement No. 393, July, 2024
The department will annually prepare a wastewater treatment
				  works construction priority list according to the department's review and point
				  award system currently used in the construction grants program. All proposed
				  wastewater treatment works must be on the priority list in order to be funded
				  under the state revolving fund program. It is not necessary for section 319
				  projects to be on the priority list, but they must appear in the intended use
				  plan. The priority list must also be incorporated into the annual intended use
				  plan.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-05 - Annual public hearing on proposed intended use plan

Current through Supplement No. 393, July, 2024
Upon tentative completion of the annual revision of the
				  intended use plan, the department shall conduct a hearing to receive oral and
				  written comments from the public on the proposed intended use plan. At least
				  forty-five calendar days' notice must be given of the public hearing in at
				  least two newspapers of general circulation in different parts of the state.
				  Written comments must be accepted during this period. After all comments are
				  received, the department shall compile and adopt the final list at the hearing.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-06 - Emergency amendment of intended use plan

Current through Supplement No. 393, July, 2024
The department may add a project to the intended use plan,
				  by emergency amendment, if the proposed project will alleviate or mitigate a
				  dire physical threat to the health and safety of persons or if the proposed
				  project is necessary to take advantage of an unexpected economic development
				  opportunity which will be lost unless action is taken. Economic opportunity
				  considerations will not be the primary focus of any state revolving fund
				  project. The primary considerations in every project will be public health,
				  water quality, and public safety issues.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-07 - Project priority list removal procedure

Current through Supplement No. 393, July, 2024
The department may remove a project from the intended use
				  plan if the project has been fully funded or the project is no longer eligible
				  under the priority system or the political subdivision responsible for the
				  project has expressed in writing no interest in the program.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-08 - Project bypass procedure

Current through Supplement No. 393, July, 2024
The department may bypass the priority established for
				  funding as follows:
1. The political
				subdivision being bypassed provides to the state a written statement endorsing
				the bypass; or
2. The political
				subdivision being bypassed fails to submit information within the timeframe
				required by written notice from the department.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-09 - Deadline for application

Current through Supplement No. 393, July, 2024
Project assistance applications may be submitted at any time
				  by eligible political subdivisions.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-10 - Reserve for section 319 nonpoint source managementprojects

Current through Supplement No. 393, July, 2024
The department may set aside a portion of the available
				  funds for section 319 nonpoint source projects for the first six months of each
				  fiscal year. The amount of the set-aside must be determined by the department.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-11 - Application procedure

Current through Supplement No. 393, July, 2024
The application procedure will be designed by the department
				  and approved by the environmental protection agency to include all necessary
				  requirements as contained in the Act and applicable federal regulations, state
				  laws, and rules. The application procedure will be contained in the state
				  revolving fund procedures handbook.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-12 - Loan agreement

Current through Supplement No. 393, July, 2024
1. The loan
				agreement will be a legally binding contract between the financial agent and
				the political subdivision. The agreement will contain general conditions and
				may, if necessary, contain special conditions.
2. The general conditions of a loan agreement
				will include the requirements of laws, rules, and policies of the state of
				North Dakota.
3. The special
				conditions of the loan agreement will relate to specific provisions unique for
				an individual project including, but not limited to, time schedules and
				performance requirements and such other requirements as are reasonably
				requested by the financial agent.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-13 - Release

Current through Supplement No. 393, July, 2024
By its acceptance of the loan agreement, the political
				  subdivision releases and discharges the department, its officers, agents
				  (including its financial agent), and employees from all liabilities,
				  obligations, and claims arising out of the project work under the loan
				  agreement.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-14 - Loan amendments

Current through Supplement No. 393, July, 2024
The loan agreement may be amended in writing according to
				  the terms of the respective loan agreement including, but not limited to, an
				  amendment when the amount of loan funds necessary to pay project costs are
				  greater than the original amount in the loan agreement.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-15 - Inspections

Current through Supplement No. 393, July, 2024
During the building of the project, the political
				  subdivision shall provide inspection services sufficient to ensure that the
				  project is constructed in accordance with approved plans and specifications.
				  The department will conduct interim project inspections to determine compliance
				  with approved plans and specifications and loan agreement, as appropriate.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-16 - Loan default

Current through Supplement No. 393, July, 2024
The political subdivision must agree that upon default in
				  the payments of principal and accrued interest on the loan or in the
				  performance of any convenant or condition of the loan agreement, the
				  department, through its financial agent, may at its option, do one or more of
				  the following:
1. Declare immediately
				due and payable the entire principal amount then outstanding and the accrued
				interest;
2. Incur and pay
				reasonable expenses, through the account of the political subdivision, for
				repair, maintenance, and operation of the facility, and other expenses
				necessary to cure the cause of default; or
3. Proceed to enforce payment of such
				interest or principle or other amount then due and payable pursuant to
				applicable provisions of law or loan agreement.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-17 - Financing method

Current through Supplement No. 393, July, 2024
1. A loan shall be
				made for a period of time not to exceed twenty years or the design life of the
				wastewater treatment works facility, whichever is shorter.
2. Interest on the loan accrues and must be
				paid as provided in the loan agreement.
3. All repayment schedules must be
				established by the terms and conditions of the loan agreement. The repayment by
				the political subdivision of the loan will begin within one year after the
				project is capable of operation or:
a. For
				special assessment warrants, upon a date which is sufficient to allow time for
				special assessments to be spread in the tax levy year for the political
				subdivision; and
b. For revenue
				bonds, at the time specified in the respective loan agreement which shall
				reasonably attempt to begin after the project is in full operation. In all
				cases, repayments must begin within one year after the project is capable of
				operation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-18 - Interest rate determination

Current through Supplement No. 393, July, 2024
The interest rate on a loan will be determined by the
				  department with consultation from the financial agent and must be based on the
				  combined costs related to the total financial state revolving fund loan
				  package. The interest rates on individual loans may vary, however, the rate
				  will not exceed the interest rate generally available for a comparable
				  financing at the time the rate is established.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-19 - Amount of financial assistance

Current through Supplement No. 393, July, 2024
A political subdivision may apply for any amount of
				  financial assistance. The department may award less than the amount requested
				  in the application. In determining the financial assistance for each political
				  subdivision, the department may consider the proposed construction and the
				  proposed project costs of such activities, the resources available to the
				  department within the state revolving fund, and the ability to carry out the
				  proposed project, including the ability to repay the financial assistance.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-20 - Files and records

Current through Supplement No. 393, July, 2024
All files and records pertaining to the project must be
				  maintained by the political subdivision throughout the project and made
				  accessible to the department and the environmental protection agency and their
				  agents according to state and federal law. These files and records must be
				  retained by the political subdivision for at least three years beyond the term
				  of the loan.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-35 - Revolving Loan Fund › Chapter 33-35-01 - State Water Pollution Control Revolving Fund › Section 33-35-01-21 - Reservation of rights

Current through Supplement No. 393, July, 2024
1. Nothing in this
				chapter prohibits a political subdivision from requiring more assurances,
				guarantees, indemnity, or other contractual requirements from any party
				performing project work.
2.
				Nothing in this chapter affects the department's right to take remedial action,
				including, but not limited to, administrative enforcement action and actions
				for breach of contract against a political subdivision that fails to carry out
				its obligations under this chapter. Any remedial action contemplated by the
				department or its financial agent will be coordinated with the best interests
				of the state revolving fund.
3.
				Review or approval of facility plans, design drawings and specifications, or
				other documents by or for the department, does not relieve the political
				subdivision of its responsibility to properly plan, design, build, and
				effectively operate and maintain the treatment works as required by state or
				federal law, permits, the loan agreement, and good management practices. The
				department is not responsible for increased costs resulting from defects in the
				plans, design drawings and specifications, or other subagreement documents.
General Authority: NDCC 61-28.2-01
Law Implemented: NDCC
					 61-28.2-01
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Words defined in North Dakota Century Code chapter 23-27 have
				  the same meaning in this chapter.
1.
				"Advanced emergency medical technician" means an individual certified by the
				national registry as an advanced emergency medical technician. An advanced
				emergency medical technician is eligible for licensure as an advanced emergency
				medical technician upon completion of a license application and approval by the
				department.
2. "Cardiopulmonary
				resuscitation", initial and refresher, means the American heart association
				health care provider standards or its equivalent which includes the following
				skills: adult one-person and two-person cardiopulmonary resuscitation, adult
				obstructed airway, child one-person and two-person cardiopulmonary
				resuscitation, child obstructed airway, infant one-person and two-person
				cardiopulmonary resuscitation, infant obstructed airway, and automated external
				defibrillator.
3. "Clinical and
				field internship preceptor" means a qualified individual designated by an
				emergency medical services instructor or emergency medical services training
				institute to supervise a student during clinical or field internship training.
4. "Department" means the
				department of health and human services.
5. "Emergency medical services instructor"
				means an individual who is licensed to conduct emergency medical services
				courses, including continuing education courses.
6. "Emergency medical technician" means an
				individual certified by the national registry as an emergency medical
				technician. An emergency medical technician is eligible for licensure as an
				emergency medical technician upon completion of a license application and
				approval by the department.
7.
				"Equivalent" means training of equal or greater value which accomplishes the
				same results.
8. "National
				registry" means the national registry of emergency medical technicians located
				in Columbus, Ohio.
9. "On call"
				means that an individual is expected to be available for emergency response
				when called by telephone, mobile communications application, radio, or pager
				and report after notification.
General Authority:
NDCC 23-27-04.3
Law Implemented:
NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-02 - Emergency medical services training courses

Current through Supplement No. 393, July, 2024
The department acknowledges the following emergency medical
				  services courses and personnel:
1.
				Courses leading to national registry certification:
a. Emergency medical responder;
b. Emergency medical technician;
c. Advanced emergency medical technician; and
d. Paramedic.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-03.1

Current through Supplement No. 393, July, 2024
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-03.2 - Continuing education

Current through Supplement No. 393, July, 2024
An entity or individual that offers continuing education
				  shall follow the continuing education policy as published in the department's
				  emergency medical services instructor handbook.
General Authority:
NDCC 23-27-04.3
Law Implemented:
NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-04.1

Current through Supplement No. 393, July, 2024
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-05.1 - Criminal history background checks

Current through Supplement No. 393, July, 2024
The department may perform criminal history background checks
				  on any applicant requesting a certification or license or an individual
				  requesting to be listed on an ambulance service or quick response unit's roster
				  as a driver. A driver may be denied participation in any emergency medical
				  services operation based on the driver's criminal background history or any
				  occurrence listed in section
				  33-36-01-05.
General Authority:
NDCC 12-60-24,
					 23-27-04.3
Law Implemented:
NDCC 12-60-24,
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-06 - Revocation process

Current through Supplement No. 393, July, 2024
The department may revoke an individual's certification or
				  license after making a diligent effort to:
1. Inform the individual by the department of
				the allegations.
2. Inform the
				individual of the department's investigation results.
3. Inform the individual of the department's
				intent to revoke and provide a notice of right to request hearing.
4. Provide the individual opportunity to
				request a hearing and rebut the allegations.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-07 - Hearing

Current through Supplement No. 393, July, 2024
A request for hearing must be received by the department no
				  later than twenty days following the individual's receipt of the allegations
				  against the individual. If a hearing is requested, the department will apply to
				  the office of administrative hearings for appointment of a hearing officer. The
				  department will notify any complainants and the accused of the date set for the
				  hearing. The hearing officer will conduct the hearing and prepare recommended
				  findings of fact and conclusions of law as well as a recommended order for the
				  department. The department shall notify the individual of its findings in
				  writing after receiving the attorney general's finding of fact, conclusion of
				  law, and recommended order.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-01 - Emergency Medical Services Personnel Training, Testing, Certifcation, and Licensure › Section 33-36-01-08 - Waivers

Current through Supplement No. 393, July, 2024
Based on each individual case, the department may waive any
				  provisions of this chapter that may result in unreasonable hardship upon the
				  individual or the individual's emergency medical service operation, provided
				  such a waiver does not adversely affect the health and safety of patients. The
				  department may consider waivers for the following situations and
				  conditions:
1. An individual had
				completed all the requirements for recertification or relicensure and a
				good-faith effort was made by that individual to recertify with the national
				registry and by no fault of the individual recertification was not
				granted.
2. An individual who was
				current in the individual's certification or license was called to active duty
				in the United States armed forces and deployed to an area without the resources
				to maintain the individual's certification or license resulting in a lapse of
				the individual's certification or license.
3. Other reason as determined by the
				department.
4. A waiver may be
				granted for a specific period of time not to exceed one year and shall expire
				on June thirtieth of each year.
General Authority:
NDCC 23-27-04.3
Law Implemented:
NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-01 - Definitions

Current through Supplement No. 393, July, 2024
Words defined in North Dakota Century Code chapter 23-27
				  have the same meaning in this chapter.
1. "Acceptable criminal background requirements" means that a
				  student's criminal background is acceptable by the department and the national
				  registry for entry into the profession.
2. "Accrediting agency" means the commission on accreditation
				  on allied health education programs or its equivalent.
3. "Candidate" means a person that has completed a primary
				  training course and is in the testing process.
4. "Certifying examination" means a national registry test.
5. "Department" means the North Dakota state department of
				  health.
6. "Emergency medical services equipment" means automated
				  external defibrillator, long back board, Kendrick extrication device, oxygen
				  delivery equipment, rigid splints, traction splint, suction equipment,
				  bandages, and other equipment needed to accomplish training.
7. "National registry" means the national registry of
				  emergency medical technicians located in Columbus, Ohio.
8. "Physician" means a person licensed by the North Dakota
				  board of medical examiners to practice medicine.
9. "Primary education course" means the initial or refresher
				  training course for emergency medical responder, emergency medical technician,
				  emergency medical technician-intermediate, and paramedic.
10. "Student" means a person that is actively in a primary
				  training course and has not yet completed the course.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-02 - License required - Fees

Current through Supplement No. 393, July, 2024
1. No North
				Dakota emergency medical services training institution, as defined in North
				Dakota Century Code chapter 23-27, shall be advertised or offered to the public
				or any person as a licensed training institution unless the operator of such
				service is licensed by the department.
2. The license shall expire midnight on
				October thirty-first of the third year following issuance. License renewal
				shall be on a three-year basis.
3.
				A license is valid only for the training institution for which it is issued. A
				license may not be sold, assigned, or transferred.
4. The license shall be displayed in a
				conspicuous place.
5. The
				three-year license fee shall be seventy-five dollars which is nonrefundable.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-03 - Application for license

Current through Supplement No. 393, July, 2024
An application for licensure as an emergency medical
				  services training institution may be submitted on a form provided by the
				  department or an alternate format which includes the following information:
1. Applicant information:
a. Name of the training institution;
b. Mailing address;
c. Telephone number;
d. Name of program coordinator;
e. Name of training institution medical
				director; and
f. E-mail address of
				contact person;
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-04 - Issuance and renewal of licenses

Current through Supplement No. 393, July, 2024
1.
				The department or its authorized agent shall inspect the training institution.
				If minimum standards are met, the department shall issue a license.
2. A training institution may request that
				the department consider it in compliance with this chapter if it is fully
				accredited by the commission on accreditation of allied health education
				programs or its equivalent. The training institution must provide any
				additional information to the department that is required of licensed emergency
				medical services training institutions but not evaluated in the accreditation
				process.
3. Training institutions
				requesting their compliance with this chapter to be verified through an
				accrediting agency shall submit to the department appropriate documentation to
				include the site visit survey report and official letter from the accrediting
				agency citing any deficiencies. Subsequent accreditation or revisit
				documentation must be submitted prior to license renewal.
4. Training institutions that offer paramedic
				training shall have the paramedic course accredited by an accrediting agency by
				January 1, 2010.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-05 - Training institution director requirements

Current through Supplement No. 393, July, 2024
Each licensed training institution must have a director who
				  serves as the administrator of the training institution and who is responsible
				  for:
1. Planning, conducting, and
				evaluating the program;
2.
				Selecting students and instructors;
3. Documenting and maintaining records;
4. Developing a curriculum; and
5. Acting as or appointing the
				test site coordinator for practical examinations if applicable.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-06 - Training institution medical director requirements

Current through Supplement No. 393, July, 2024
Each licensed training institution shall have an agreement
				  on file at the department with a physician whose responsibilities include:
1. Ensuring an accurate and thorough
				presentation of the medical content of each training program;
2. Certifying that each candidate has
				successfully completed the training course;
3. In conjunction with the training program
				director, planning the clinical training;
4. Being available for practical test site
				consultations; and
5. Acting as a
				liaison between the training institution and the medical community.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-07 - Course instructors

Current through Supplement No. 393, July, 2024
Primary course instructors must be licensed as an instructor
				  coordinator as defined in section
				  33-36-01-04 and hold a certificate
				  or license in or above the discipline that they are teaching.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-08 - Training institution policies, records, and quality assurance

Current through Supplement No. 393, July, 2024
North Dakota licensed emergency medical services training
				  institutions must:
1. Publish a
				student handbook which includes at least the following information:
a. The full name and address of the school;
b. Names of owners and officers,
				including governing boards;
c. A
				description of each educational service offered, including tuition, fees, and
				length of courses;
d. Enrollment
				procedures and entrance requirements, including late enrollment if permitted;
e. A description of the
				institution's tuition assistance. If no assistance is offered, the institution
				must state this fact;
f.
				Attendance policy, including minimum attendance requirements;
g. A policy explaining satisfactory student
				progress which includes:
(1) How progress is
				measured and evaluated, including an explanation of any system of grading used;
(2) The conditions under which the
				student may be readmitted if terminated for unsatisfactory progress; and
(3) Explanation of any probation
				policy;
h. A
				description of the system used to make progress reports to students; and
i. An explanation of the refund
				policy which also includes the training agency's method of determining the
				official date of termination.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-09 - Other training institution requirements

Current through Supplement No. 393, July, 2024
North Dakota licensed emergency medical services training
				  institutions must:
1. Have adequate
				classroom and laboratory space to conduct emergency medical services training.
2. Have appropriate dedicated
				emergency medical services equipment for training.
3. Determine the eligibility of prospective
				students in regard to age, minimum prior training requirements, and acceptable
				criminal background requirements.
4. Maintain a written agreement with a
				licensed medical facility and licensed ambulance service designating a field
				internship site.
5. After each
				primary training class is complete, notify the department of the starting date
				and number of students initially enrolled and the number of students fully
				completing the course.
6. Provide
				proof of liability insurance that covers the training institution and primary
				instructors.
7. Notify the
				department prior to conducting primary education courses in a format determined
				by the department.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-12 - Denial, suspension, or revocation of licensure

Current through Supplement No. 393, July, 2024
The department may deny, suspend, or revoke the license of a
				  training institution or license of an individual to instruct or practice under
				  the following circumstances:
1.
				Negligence in performing or instructing emergency medical care.
2. Fraud, forgery, or misrepresentation of
				facts in procuring or attempting to procure licensure as an emergency medical
				service training institution.
3.
				Violation of this chapter promulgated to regulate emergency medical services
				training institutions.
4. Falsely
				passing candidates or discrimination of candidates at a practical test site.
5. Grossly immoral or dishonorable
				conduct.
6. Diversion of drugs for
				personal or unauthorized use.
7.
				The licensed training institution receives adverse accreditation action from a
				national accrediting agency.
8.
				Failing to submit required course documentation to the department either prior
				to the conduct of the course, for those courses that require prior
				authorization, or within a reasonable amount of time after the course is
				complete, for those courses that require course completion documentation
				submission.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-13 - Suspension or revocation process

Current through Supplement No. 393, July, 2024
The department may suspend or revoke a training
				  institution's or individual's license after making a diligent effort to:
1. Inform the training institution or
				individual of the allegations.
2.
				Inform the training institution or individual of the department's investigation
				results.
3. Inform the training
				institution or individual of the department's intent to suspend or revoke and
				provide a notice of right to request hearing.
4. Provide the training institution or
				individual opportunity to request a hearing and rebut the allegations.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-14 - Hearing

Current through Supplement No. 393, July, 2024
A request for hearing must be received by the department no
				  later than twenty days following the training institution's or individual's
				  receipt of the allegations. If a hearing is requested, the department will
				  apply to the office of administrative hearings for appointment of a hearing
				  officer. The department will notify any complainants and the accused of the
				  date set for the hearing. The hearing officer will conduct the hearing and
				  prepare recommended findings of fact and conclusions of law as well as a
				  recommended order for the department. The department shall notify the training
				  institution or individual of its findings in writing after receiving the
				  hearing officer's finding of fact, conclusion of law, and recommended order.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-02 - Licensing of Emergency Medical Services Training Institutions › Section 33-36-02-15 - Waivers

Current through Supplement No. 393, July, 2024
Based on each individual case, the department may waive any
				  provisions of this chapter.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-36 - Emergency Medical Services Personnel › Chapter 33-36-03 - Scope of Practice for Unlicensed Emergency Medical Services Personnel › Section 33-36-03-01 - Definitions

Current through Supplement No. 393, July, 2024
Words defined in chapter 23-27 of the North Dakota Century
				  Code have the same meaning in this chapter. For purposes of this chapter:
1. "Advanced first-aid ambulance attendant" means a person
				  that has fulfilled the training, testing, and certification process for
				  advanced first-aid ambulance attendant as required in chapter 33-36-01.
2. "Airway adjuncts" means oxygen and oxygen delivery
				  equipment, oropharyngeal airways, nasopharyngeal airways, bag-valve-mask
				  ventilator, or any other mechanical ventilator or respiratory care equipment.
3. "Cardiopulmonary resuscitation" means the American heart
				  association health care provider standards or its equivalent which includes the
				  skills adult one-person and two-person cardiopulmonary resuscitation, adult
				  obstructed airway, child one-person and two-person cardiopulmonary
				  resuscitation, child obstructed airway, infant cardiopulmonary resuscitation,
				  infant obstructed airway, and automated external defibrillator.
4. "Driver" means a person that is registered with the
				  department as an uncertified crew member of a basic life support ambulance.
5. "Emergency medical responder" means a person that has
				  fulfilled the training, testing, and certification process for emergency
				  medical responder as required in 33-36-01.
6. "Primary care provider" means a qualified individual
				  responsible for the care of the patient and supervision of all ambulance
				  personnel while on the ambulance run.
General Authority: NDCC 23-27-04.3
Law Implemented: NDCC
					 23-27-04.3