North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Abuse" includes mental, physical, sexual, and verbal
				  abuse. "Mental abuse" includes humiliation, harassment, threats of punishment,
				  or deprivation. "Physical abuse" includes hitting, slapping, pinching, kicking,
				  and controlling behavior through corporal punishment. "Sexual abuse" includes
				  sexual harassment, sexual coercion, sexual contact, or sexual assault. "Verbal
				  abuse" includes any use of oral, written, or gestured language that includes
				  disparaging and derogatory terms to residents or their families, or within
				  their hearing distance, to describe residents, regardless of their age, ability
				  to comprehend, or disability.
2. "Agency" means home health agency.
3. "Certified nurse aide" means an individual who has
				  successfully completed the requirements for the department-approved certified
				  nurse aide training and competency evaluation program, or department-approved
				  certified nurse aide competency evaluation program to provide nursing or
				  nursing-related services to residents and is entered on the department's nurse
				  aide registry as a certified nurse aide.
4. "Competence" means the application and integration of
				  knowledge, skills, ability, and judgment necessary to meet standards.
5. "Delegation" means the authorization for performance of
				  selected nursing interventions from a licensed nurse to a certified nurse aide,
				  home health aide, nurse aide, or medication assistant I or II.
6. "Deny" means the department's refusal to issue or renew a
				  current registration on the nurse aide registry.
7. "Department" means the state department of health.
8. "Encumber" means to place on probation.
9. "Health care facility" means any health care facility
				  licensed by the department which provides nursing-related services to consumers
				  of nursing care other than nursing facilities.
10. "Home health aide" means an individual who renders
				  personal related service under the supervision of a registered nurse and is
				  registered on the department's nurse aide registry as a home health aide.
11. "Letter of concern" means a statement of the department's
				  concerns regarding the conduct of a registrant.
12. "Medication administration" means the delivery of
				  medication, by an individual delegated to and supervised by a licensed nurse,
				  to a client whose use of that medication must be monitored and evaluated
				  applying specialized knowledge, skills, and abilities possessed by a licensed
				  nurse.
13. "Medication assistant" means an individual who is
				  registered on the nurse aide registry as a certified nurse aide or nurse aide
				  who has successfully completed the requirements of a department-approved
				  medication assistant program for a specific employment setting. Upon successful
				  completion of a medication assistant program, the certified nurse aide or nurse
				  aide is eligible to be registered on the department's nurse aide registry as a
				  medication assistant I or a medication assistant II.
a. Medication assistant I is a certified nurse aide or nurse
				  aide who has completed all the requirements for a department-approved
				  medication assistant I program. A medication assistant I is limited to
				  employment in a setting in which a licensed nurse is not regularly scheduled.
b. Medication assistant II is a certified nurse aide who has
				  completed all the requirements for a department-approved medication assistant
				  II program. A medication assistant II may be employed both in a setting in
				  which a licensed nurse is regularly scheduled and a setting in which a licensed
				  nurse is not regularly scheduled.
14. "Medication assistant training program" means a program
				  of study and clinical practice in the administration of routine, regularly
				  scheduled medications which meets the department's requirements.
15. "Misappropriation of a resident property" means the
				  deliberate misplacement, exploitation, or wrongful, temporary or permanent,
				  taking or use of a resident's belongings or money, or both, without the
				  resident's consent.
16. "Neglect" includes failure to carry out resident services
				  as directed or ordered by the physician or other authorized personnel, failure
				  to give proper attention to residents, or failure to carry out resident
				  services through careless oversight.
17. "Nurse aide" means any individual who is registered on
				  the nurse aide registry and who has successfully completed the competency
				  requirements identified by the department to provide nursing or nursing-related
				  services to an individual in a health care facility or other setting and is
				  registered on the department's registry as a nurse aide.
18. "Nurse aide competency evaluation" means a testing
				  mechanism consisting of both a written or oral and a manual skills component,
				  testing the necessary knowledge needed by a certified nurse aide, home health
				  aide, or nurse aide to provide safe care in a nursing facility, other health
				  care facility, or other setting.
19. "Nurse aide registry" means a listing of individuals who
				  the department has determined to have successfully completed the requirements
				  established by the department to be designated as a certified nurse aide, home
				  health aide, or nurse aide or medication assistant I or II.
20. "Nurse aide training program" means a program to train
				  nurse aides offered by a public or private organization that has been approved
				  by the department.
21. "Nursing facility" means a nursing facility licensed by
				  the department, and does not include any institution that is for the care and
				  treatment of persons with intellectual disabilities or persons with related
				  conditions.
22. "Other misconduct" means a conviction of a crime or proof
				  of behavior which has a direct bearing on the individual's ability to care for
				  others or is a threat to the health and safety of patients or clients.
23. "Other setting" includes settings such as a clinic,
				  outpatient service provider, or individual home where the individual on the
				  department's nurse aide registry is employed to provide nursing-related
				  services.
24. "Qualified instructor for a certified nurse aide training
				  program" means a registered nurse with a minimum of two years of nursing
				  experience, at least one year of which must be in the provision of long-term
				  care facility services. Instructors must have completed a course in teaching
				  adults or have experience in teaching adults or supervising nurse aides. In a
				  nursing facility-based program, the director of nursing is prohibited from
				  performing the actual training. However, a director of nursing who meets the
				  qualified instructor requirements may provide the general supervision for the
				  program. Other health-related professionals who have a minimum of one-year
				  experience in their field may supplement the instructor.
25. "Qualified instructor for a home health aide training
				  program" is a registered nurse who possesses a minimum of two years of nursing
				  experience, at least one year of which must be in the provision of home health
				  care services. Other professionals may be used to provide instruction under the
				  supervision or the qualified instructor.
26. "Qualified instructor for a nurse aide training program"
				  is a registered nurse.
27. "Regularly scheduled presence of a licensed nurse" means
				  that a licensed nurse is present a minimum of eight hours in a twenty-four-hour
				  period of time in a setting where nursing care is continuously delivered.
28. "Revoke" means the withdrawal by the department of the
				  registration of an individual to be employed as a certified nurse aide, home
				  health aide, nurse aide, or medication assistant I or II for a specified period
				  of time of no less than one year. If no specified period of time is identified
				  by the department, revocation is permanent. For a certified nurse aide, a
				  finding of abuse or neglect will result in permanent revocation, although the
				  finding of neglect may be requested to be removed after one year under section
				  33-43-01 -24.
29. "Routine, regularly scheduled medication" means the
				  components of an identified medication regimen for an individuals or groups of
				  individuals with stable conditions which are administered on a routine basis
				  and do not require determination of need, drug calculation, or dosage
				  conversion.
30. "Significant requirements" means federal certification or
				  state licensure requirements that have a serious or measurable impact on the
				  health and safety of the resident in the facility. This includes a nursing
				  waiver. Significant requirements shall be determined to be out of compliance
				  based on the considerations of severity of the noncompliance issue, frequency
				  of the noncompliance issue, and history of prior noncompliance issues.
31. "Stable" means a situation in which the patient's or
				  client's clinical and behavioral status and nursing care needs are determined
				  by the registered nurse or licensed practitioner to be predictable,
				  nonfluctuating, and consistent or in which the fluctuations are expected and
				  the interventions are planned.
32. "Supervised practical skills training" means manual
				  skills training in a laboratory or other setting in which the nurse aide
				  demonstrates knowledge while performing tasks on an individual while under the
				  direct supervision of a licensed nurse under the general supervision of a
				  qualified instructor.
33. "Supervision" means maintaining accountability to
				  determine whether or not nursing care is adequate and delivered appropriately.
				  Supervision includes the assessment and evaluation of the patient or client's
				  condition and responses to the nursing plan of care and evaluation of the
				  competence of the person providing the nursing or nursing-related care.
a. "Direct supervision" means that the responsible licensed
				  nurse or licensed practitioner is physically present in the patient or client
				  area and is available to assess, evaluate, and respond immediately.
b. "Indirect supervision" means that the responsible licensed
				  nurse or licensed practitioner is available through periodic inspection and
				  evaluation or by telecommunication, or both, for direction, consultation, and
				  collaboration.
34. "Suspend" means the withholding or withdrawing by the
				  department of the registration of an individual on the department's nurse aide
				  registry for a specified or indefinite period of time not to exceed one year.
General Authority: NDCC 23-44-01, 23-44-02
Law Implemented: NDCC 23-44-01,
					 23-44-02