reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-06 - Recertification

Current through Supplement No. 393, July, 2024
1. To renew a certification, a certified peer
				support specialist I shall submit an application for recertification, along
				with all required supporting information and documentation in the form and
				manner prescribed by the division. Application for recertification will be
				accepted within ninety days of expiration of current certificate. Information
				required for recertification includes:
a. A
				personal statement that must include the applicant's experience as a certified
				peer support specialist I, and how the applicant will continue to use the
				individual's lived experience to benefit through a peer relationship. The
				statement must:
(1) Demonstrate the
				applicant's commitment to the recovery process, including information
				establishing a period of continued recovery for a year or longer; or
(2) Demonstrate the applicant's commitment to
				an individual family member's recovery process;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-07 - Continuing education

Current through Supplement No. 393, July, 2024
1. Twenty hours of
				continuing education are required for a two-year certification period. At least
				two hours of continuing education must be on the topic of peer support
				specialist ethics. No more than four hours of continuing education can be
				completed by self-study or distance learning methods unless an exception is
				granted by the division. If a certified peer support specialist I or II is
				certified in July or later of a calendar year, the two-year continuing
				education reporting cycle beings the following year. The division may require
				evidence that an applicant for recertification has completed continuing
				education requirements.
2. A
				certified peer support specialist II shall complete all continuing education
				requirements as outlined in subsection 1 along with four additional hours of
				training specific to supervision of peer support specialists.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-41.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-08 - Revocation and complaints

Current through Supplement No. 393, July, 2024
1. The
				division may revoke the certification of a peer support specialist based on a
				determination that it is necessary to protect the welfare, health, and safety
				of the residents of the state.
2.
				Formal complaints against a certified peer support specialist may be made to
				the division. There is no provision for anonymous complaints.
3. A peer support specialist may reapply for
				certification, pursuant to section 75-03-43-06, no sooner than one hundred
				eighty days after determination of revocation.
4. A peer support specialist may appeal a
				decision to revoke a certification by completing a written appeal with the
				department within thirty days of the decision. Upon receipt of a timely appeal,
				an administrative hearing must be conducted in the manner provided in chapter
				75-01-03.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-41.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-43 - Certified Peer Support Specialists › Section 75-03-43-09 - Reciprocity

Current through Supplement No. 393, July, 2024
A certified peer support specialist from another state may
				  obtain certification in this state if the department has entered into a
				  reciprocity agreement with the state that issued the individual's
				  certificate.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-41.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  requires otherwise:
1. "Accreditation"
				means recognition by a national organization of a licensee's compliance with a
				set of specified standards.
2.
				"Applicant" means an entity which has requested licensure from the North Dakota
				department of human services pursuant to North Dakota Century Code chapter
				25-16.
3. "Basic services" means
				those services required to be provided by an entity in order to obtain and
				maintain a license.
4. "Client"
				means an individual found eligible as determined through the application of
				North Dakota Administrative Code chapter 75-04-06 for services coordinated
				through intellectual disabilities - developmental disabilities program
				management, on whose behalf services are provided or purchased.
5. "Client-authorized representative" means a
				person who has legal authority, either designated or granted, to make decisions
				on behalf of the client.
6. "Day
				habilitation" means a day program of scheduled activities, formalized training,
				and staff supports to promote skill development for the acquisition, retention,
				or improvement in self-help, socialization, and adaptive skills. Activities
				should focus on improving a client's sensory, motor, cognitive, communication,
				and social interaction skills.
7.
				"Department" means the North Dakota department of human services.
8. "Developmental disability" means a severe,
				chronic disability of an individual which:
a.
				Is attributable to a mental or physical impairment or combination of mental and
				physical impairments, including Down syndrome;
b. Is manifested before the individual
				attains age twenty-two;
c. Is
				likely to continue indefinitely;
d.
				Results in substantial functional limitations in three or more of the following
				areas of major life activity:
(1)
				Self-care;
(2) Receptive and
				expressive language;
(3)
				Learning;
(4) Mobility;
(5) Self-direction;
(6) Capacity for independent living;
				and
(7) Economic sufficiency;
				and
e. Reflects the
				individual's needs for a combination and sequence of special,
				interdisciplinary, or generic care, treatment, or other services which are of
				lifelong or extended duration and are individually planned and
				coordinated.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-02 - License required

Current through Supplement No. 393, July, 2024
No individual, association of individuals, partnership,
				  limited liability company, or corporation shall offer or provide a service or
				  own, manage, or operate a facility offering or providing a service to more than
				  two individuals with developmental disabilities without first having obtained a
				  license from the department unless the facility is:
1. Exempted by North Dakota Century Code
				section 15.1-34-02; or
2. Operated
				by a nonprofit corporation that receives no payments from the state or any
				political subdivision and provides only day supports for six or fewer
				individuals with developmental disabilities. "Payment" does not include
				donations of goods and services or discounts on goods and services.
Licensure does not create an obligation for the state to
				  purchase services from the licensed facility.
General Authority:
NDCC 25-01.2-18, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-18,
					 25-16-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-03 - Single or multiple license

Current through Supplement No. 393, July, 2024
A single license may be issued authorizing the conduct of
				  multiple services by one applicant or single licenses may be issued authorizing
				  the conduct of each discrete service, at the discretion of the department.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-04 - License denial or revocation

Current through Supplement No. 393, July, 2024
The department may deny a license to an applicant or revoke
				  an existing license upon a finding of noncompliance with the rules of the
				  department.
1. If the department
				denies a license, the applicant may not reapply for a license for a period of
				six months from the date of denial. After the six-month period has elapsed, the
				applicant may submit a new application to the department.
2. If the department revokes a license, the
				licensee may not reapply for a license for a period of one year from the date
				of the revocation. After the one-year period has elapsed, the licensee may
				submit a new application to the department.
3. A license denial or revocation may affect
				all or some of the services and facilities operated by a licensee, as
				determined by the department.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-16-03,
					 25-16-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-05 - Notification of license

Current through Supplement No. 393, July, 2024
1. The department
				shall, within sixty days from the date of the receipt of an application for a
				license, or upon finding a licensee in noncompliance with the rules of the
				department, notify the applicant or licensee's principal officer of the
				department's intent to grant, deny, or revoke a license.
2. The department shall notify the applicant
				or licensee in writing. Notification is made upon deposit with the United
				States postal service. The notice of denial or revocation shall identify any
				rule or standard alleged to have been violated and the factual basis for the
				allegation, the specific service or facility responsible for the violation, the
				date after which the denial or revocation is final, and the procedure for
				appealing the action of the department.
3. The applicant or licensee may appeal the
				denial or revocation of a license by written request for an administrative
				hearing, mailed or delivered to the department within ten days of receipt of
				the notice of intent to deny or revoke. The hearing must be governed by the
				provisions of chapter 75-01-03.
4.
				The licensee may continue to provide services until the final appeal decision
				is rendered. If clients have been removed from the licensed facility or service
				because of a health, welfare, or safety issue, they shall remain out of the
				facility or service while the appeal is pending.
5. The licensee, upon final revocation
				notification, shall return the license to the department immediately.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-06 - Disclosure of criminal record

Current through Supplement No. 393, July, 2024
1. Each member of
				the governing body of the applicant, the chief executive officer, and any
				employees, volunteers, or agents who receive and disburse funds on behalf of
				the governing body, or who provide any direct service to clients, shall
				disclose to the department if they have been found guilty of, pled guilty to,
				or pled no contest to a criminal offense.
2. The applicant or licensee shall conduct
				federal and state criminal background checks on all persons employed who work
				with clients, including volunteers. If the applicant or licensee is contracting
				or subcontracting with other entities, there must be an agreement ensuring
				federal and state criminal background checks have been completed on all persons
				employed who work with clients, including volunteers.
3. The applicant or licensee shall disclose
				to the department the names, type of offenses, dates of having been found
				guilty of, pled guilty to, or pled no contest to a criminal offense, and
				position and duties within the applicant's organization of employees and
				volunteers with a criminal record.
4. Such disclosure must not disqualify the
				applicant from licensure or an individual from employment or volunteering,
				unless having been found guilty of, pled guilty to, or pled no contest to, a
				crime having direct bearing on the capacity of the applicant, employee, or
				volunteer to provide a service under the provision of this chapter or the
				convicted applicant, employee, or volunteer is not sufficiently
				rehabilitated.
5. The department
				shall determine the effect of an applicant, employee, or volunteer having been
				found guilty of, pled guilty to, or pled no contest to, a criminal
				offense.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-06.1 - Criminal conviction - Effect on operation of provider agency or employment by provider agency

Current through Supplement No. 393, July, 2024
1. A provider
				agency may not employ in any capacity that involves or permits contact between
				the employee or volunteer and any individual cared for by the provider agency,
				an individual who is known to have been found guilty of, pled guilty to, or
				pled no contest to:
a. An offense described in
				North Dakota Century Code chapters 12.1-16, homicide; 12.1-18, kidnapping;
				12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act on
				Prevention of and Remedies for Human Trafficking; or in North Dakota Century
				Code sections 12.1-17-01, simple assault; 12.1-17-01.1, assault; 12.1-17-02,
				aggravated assault; 12.1-17-03, reckless endangerment; 12.1-17-04, terrorizing;
				12.1-17-06, criminal coercion; 12.1-17-07.1, stalking; 12.1-17-12, assault or
				homicide while fleeing a police officer; 12.1-20-03, gross sexual imposition;
				12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04, sexual
				imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1,
				luring minors by computer or other electronic means; 12.1-20-06, sexual abuse
				of wards; 12.1-20-07, sexual assault; 12.1-21-01, arson; 12.1-22-01, robbery;
				or 12.1-22-02, burglary, if a class B felony under subdivision b of subsection
				2 of that section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating
				prostitution; 12.1-31-05, child procurement; 14-09-22, abuse of child; or
				14-09-22.1, neglect of child; or an offense under the laws of another
				jurisdiction which requires proof of substantially similar elements as required
				for conviction under any of the enumerated North Dakota statutes; or
b. An offense, other than an offense
				identified in subdivision a, if the department determines that the individual
				has not been sufficiently rehabilitated.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-07 - Content of license

Current through Supplement No. 393, July, 2024
A license issued by the department must include the legal
				  name of the licensee, the address or location where services are provided, the
				  occupancy or service limitations of the licensee, the unique services
				  authorized for provision by the licensee, and the expiration date of the
				  license.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-05
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-08 - Types of licenses

Current through Supplement No. 393, July, 2024
1. A license issued
				pursuant to this chapter must be denominated "unrestricted license",
				"restricted license", or "provisional license".
2. An "unrestricted license" may be issued to
				an applicant who complies with the rules and regulations of the department and
				North Dakota Century Code section 25-16-03, and who is accredited by the
				accreditation council for services for individuals with disabilities, or for
				employment supports accredited by the rehabilitation accreditation commission
				(CARF) for existing provider agencies initially and continuously licensed prior
				to April 1, 2018. The license is nontransferable, expires not more than one
				year from the effective date of the license, and is valid for only those
				services or facilities identified thereon.
3. A "restricted license" may be issued
				subject to the provision of section
				75-04-01-09.
4. A " provisional license" may be issued
				subject to the provision of section
				75-04-01-10.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-10 - Provisional license

Current through Supplement No. 393, July, 2024
1. An applicant may
				submit an application, on a form provided, for a provisional license,
				permitting the provision of a new provider agency.
2. A "provisional license" may be issued to
				an applicant who complies with the rules and regulations of the department and
				North Dakota Century Code section 25-16-03 and who is accredited by the council
				on quality and leadership for services for individuals with disabilities. The
				license is nontransferable, expires not more than one year from the effective
				date of the license, and is valid for only those services or facilities
				identified thereon.
3. A
				provisional license may be renewed for an additional six months only upon the
				department's determination the licensee has made significant progress toward
				meeting the standards.
4. Notice of
				a denial of a provisional license may be appealed in the same manner as a
				notice of revocation of a license.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-11 - License renewal

Current through Supplement No. 393, July, 2024
The licensee shall submit to the department, on a form or
				  forms provided, an application for a license not later than sixty days prior to
				  the expiration date of a valid license. If the provider agency continues to
				  meet all standards established by the rules under this chapter, the department
				  shall issue a license renewal annually on the expiration date of the previous
				  year's license.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-12 - Display of license

Current through Supplement No. 393, July, 2024
The licensee shall place the license in an area accessible to
				  the public and where it may be readily seen. Licenses need not be placed on
				  display in residences or residential areas of a facility, but must be available
				  to the public or the department upon request.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-12.1 - Provider agreement

Current through Supplement No. 393, July, 2024
Licensees shall sign a Medicaid provider agreement and
				  required addendums with the department to provide services to individuals with
				  developmental disabilities.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-13 - Purchase of service or recognition of unlicensed entities

Current through Supplement No. 393, July, 2024
The department may not recognize or approve the activities of
				  unlicensed entities in securing public funds from the United States, North
				  Dakota, or any of its political subdivisions. The department may not purchase
				  any service from such entities.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-18-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-14 - Unlicensed entities - Notification

Current through Supplement No. 393, July, 2024
Upon a determination that activities subject to licensure are
				  occurring or have occurred, the department shall notify the parties that the
				  activities are subject to licensure. The notice must include a citation of the
				  applicable provisions of these rules, an application for a license, a date by
				  which the application must be submitted, and, if applicable, a request for the
				  parties to explain that the activities identified in the notification are not
				  subject to licensure. The parties must receive notification within seven days
				  and the entity is required to submit a complete application to the department
				  within thirty days of notice.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-15 - Standards of the department

Current through Supplement No. 393, July, 2024
The department herein adopts and makes a part of these rules
				  for all licensees the current standards used for accreditation by the council
				  on quality and leadership in supports for people with disabilities,
				  additionally, for intermediate care facilities for individuals with
				  intellectual disabilities, standards for certification under title 42 , Code of
				  Federal Regulations, parts 442 and 483 et seq., or for employment supports, by
				  the rehabilitation accreditation commission (CARF) for existing provider
				  agencies initially and continuously licensed prior to April 1, 2018. If a
				  licensee fails to meet an accreditation standard, the department may analyze
				  the licensee's failure using the appropriate current standards of the council
				  on quality and leadership in supports for people with disabilities. Infant
				  development licensees who have attained accreditation status by the council on
				  quality and leadership in supports for people with disabilities are not
				  required to maintain accreditation status.
General Authority:
NDCC 25-01.2-18, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-18,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-16 - Imposition of the standards

Current through Supplement No. 393, July, 2024
Unaccredited applicants issued a provisional license shall
				  provide the department with a plan to secure accreditation. The licensee, upon
				  request of the department, shall submit copies of reports generated by the
				  accreditation process.
General Authority: NDCC
					 25-01.2-18,
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-01.2-18,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-17 - Identification of basic services subject to licensure

Current through Supplement No. 393, July, 2024
Services provided to eligible clients must be identified and
				  licensed by the following titles:
1.
				Residential services:
a. Residential
				habilitation; or
b. Independent
				habilitation;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-20.1 - Wages of individuals with developmental disabilities

Current through Supplement No. 393, July, 2024
Licensees generating income from the direct labor of
				  individuals with developmental disabilities and paying subminimum wages shall
				  submit to the department a true, correct, and current copy of a certificate
				  from the United States department of labor authorizing the payment of
				  subminimum wages.
General Authority: NDCC
					 25-01.2-18,
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-01.2-18,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-20.2 - Recording and reporting abuse, neglect, exploitation, and use of restraint

Current through Supplement No. 393, July, 2024
1. Licensees shall
				implement policies and procedures to assure that incidents of alleged abuse ,
				neglect, exploitation, and restraints:
a. Are
				reported to the governing body, chief executive officer or designee of the
				provider agency, client-authorized representative, advocate, and the protection
				and advocacy project;
b. Are
				thoroughly investigated, the findings reported to the governing body, chief
				executive officer or designee of the provider agency, client-authorized
				representative, advocate, and the protection and advocacy project and that the
				report and the action taken are recorded in writing and retained for three
				years; and
c. Are immediately
				reported to the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-21 - Legal status of applicant

Current through Supplement No. 393, July, 2024
The applicant shall submit, in a form or manner prescribed by
				  the department, the following items:
1. A correct and current statement of their
				articles of incorporation, bylaws, license issued by a local unit of
				government, partnership agreement, or any other evidence of legal registration
				of the entity;
2. A correct and
				current statement of tax exempt or taxable status under the laws of North
				Dakota or the United States;
3. A
				current list of partners or members of the governing body and any advisory
				board with their address, telephone number, principal occupation, term of
				office, and status as a client or client representative and any changes in this
				list since last submission;
4. A
				statement disclosing the owner of record of any buildings, facilities, or
				equipment used by the applicant, the relationship of the owner to the
				applicant, and the cost, if any, of such use to the applicant and the identity
				of the entity responsible for the maintenance and upkeep of the
				property;
5. A statement disclosing
				any financial benefit which may accrue to the applicant or applicants to be
				diverted to personal use, including director's fees or expenses, dividends,
				return on investment, rent or lease proceeds, salaries, pensions or annuities,
				or any other payments or gratuities; and
6. The amount of any payments made to any
				member or members of the governing board of the applicant or board of a related
				organization, exclusive of reimbursement for actual and reasonable personal
				expenses.
General Authority:
NDCC 25-01.2-08, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-08,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-22 - Applicant's buildings

Current through Supplement No. 393, July, 2024
Applicants occupying buildings, whether owned or leased,
				  shall provide the department with a license or registration certificate
				  properly issued pursuant to North Dakota Century Code chapter 15.1-34 or 50-11
				  or with:
1. The written report of an
				authorized fire inspector, following an initial or subsequent annual inspection
				of a building pursuant to section 75-04-01-23, which states:
a. Rated occupancy and approval of the
				building for occupancy; or
b.
				Existing hazards and recommendations for correction which, if followed, would
				result in approval of the building for occupancy;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-23 - Safety codes

Current through Supplement No. 393, July, 2024
1. Applicant's
				intermediate care facilities for individuals with intellectual disabilities
				shall meet the provisions of either the health care occupancies chapters or the
				residential board and care occupancies chapter of the Life Safety Code of the
				national fire protection association, 2000 edition, as determined by the
				department.
2. Applicant's group
				home facilities which are not intermediate care facilities for individuals with
				intellectual disabilities shall meet the applicable life safety standards
				established by the local governing municipality's ordinances. If the local
				governing municipality has no ordinances establishing life safety standards,
				the group home facilities shall meet the one-family and two-family dwellings
				chapter of the Life Safety Code of the national fire protection association,
				2000 edition, as determined by the department.
3. Upon written application, and good cause
				shown to the satisfaction of the department, the department may grant a
				variance from any specific requirement of the Life Safety Code, upon terms the
				department may prescribe, except no variance may permit or authorize a danger
				to the health or safety of the residents of the facility.
4. Applicant's facilities housing individuals
				with multiple physical disabilities or impairments of mobility shall conform to
				American National Standards Institute Standard No. A117.1 (1980), or, if
				remodeled or newly constructed after July 1, 1995, with appropriate standards
				as required by the Americans with Disabilities Act of 1990,
				Public Law
				101-336.
5. Applicant's and licensee's buildings used
				to provide day services must conform to the appropriate occupancy chapters of
				the Life Safety Code of the national fire protection association, 2000 edition,
				as determined by the department and must meet applicable accessibility
				standards as required by the Americans with Disabilities Act of 1990,
				Public Law
				101-336. The selection of an appropriate Life
				Safety Code chapter shall be determined considering:
a. Primary activities in the
				facility;
b. The ability of clients
				occupying the facility to take action for self-preservation in an emergency;
				and
c. Assistance available to
				clients occupying the facility for evacuation in an emergency.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-24 - Entry and inspection

Current through Supplement No. 393, July, 2024
1. The applicant
				shall affirm the right of the department, or designee, to enter any of the
				applicant's buildings or facilities and access to its records to determine the
				extent to which the applicant is in compliance with the rules of the
				department, to facilitate verification of the information submitted with an
				application for licensure, and to investigate complaints. Inspections must be
				scheduled for the mutual convenience of the department and the provider agency
				unless the effectiveness of the inspection would be substantially diminished by
				prearrangement.
2. The provider
				agency shall authorize the department, or designee, entry to its facilities and
				access to its records in the event the provider agency declares bankruptcy,
				transfers ownership, ceases operations, evicts residents of its facilities, or
				the contract with the department is terminated by either of the parties. The
				department's entry is for the purpose of facilitating the orderly transfer of
				clients to an alternative service or the maintenance of appropriate service
				until an orderly transfer can be made.
General Authority:
NDCC 25-01.2-08, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-08,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-25 - Access to records

Current through Supplement No. 393, July, 2024
The applicant shall affirm the right of duly authorized
				  representatives of the department to inspect the records of the applicant, to
				  facilitate verification of the information submitted with an application for
				  licensure, and to determine the extent to which the applicant is in compliance
				  with the rules of the department.
General Authority: NDCC
					 25-01.2-08,
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-01.2-08,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-26 - Denial of access to facilities and records

Current through Supplement No. 393, July, 2024
Any applicant or licensee which denies the department, or
				  designee, access to a facility or its records, shall have its license revoked
				  or its application denied.
General Authority:
NDCC 25-01.2-08, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-08,
					 25-16-06
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-27 - Group home design

Current through Supplement No. 393, July, 2024
1. Group home
				facilities shall be small enough and of a modest design, minimizing the length
				of hallways, the number of exterior corners, and the complexity of
				construction, to ensure the development of meaningful interpersonal
				relationships and the provision of proper programming, services, and direct
				care. New or remodeled homes completed after July 1, 1985, are limited to
				occupancy by no more than eight individuals with developmental disabilities.
2. Group home facilities shall
				simulate the most homelike atmosphere possible in order to encourage a
				personalized environment.
3. Group
				home facilities shall provide, at a minimum, enough living space, based on the
				needs of both males and females, with provisions for privacy and appropriate
				access to quiet areas where an individual can be alone.
4. Group home facilities shall provide
				arrangement of space to permit clients to participate in different kinds of
				activities, both in groups and singly. Space must be arranged to minimize noise
				and permit communication at normal conversational levels.
5. Group home facilities shall be accessible
				to nonambulatory visitors and employees.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-28 - Group home location

Current through Supplement No. 393, July, 2024
1. Group
				home facilities shall be located at least three hundred feet [91.44 meters]
				from hazardous areas, including bulk fuel or chemical storage, anhydrous
				ammonia facilities, or other fire hazards or sources of noxious or odoriferous
				emissions.
2. Group home
				facilities shall not be located in areas subject to adverse environmental
				conditions, including mud slides, harmful air pollution, smoke or dust, sewage
				hazards, rodent or vermin infestations, excessive noise, vibrations, or
				vehicular traffic.
3. Group home
				facilities shall not be located in an area within the one-hundred-year base
				flood elevations unless:
a. The facility is
				covered by flood insurance as required by
				42 U.S.C.
				4101; or
b. The finished lowest floor elevation is
				above the one-hundred-year base flood elevation and the facility is free from
				significant adverse effects of the velocity of moving water or by wave impact
				during the one-hundred-year flood.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-29 - Group home bedrooms

Current through Supplement No. 393, July, 2024
1. Bedrooms in
				group home facilities must accommodate no more than two individuals.
2. Bedrooms in group home facilities must
				provide at least eighty square feet [7.43 square meters] per individual in a
				single occupancy bedroom, and at least sixty square feet [5.57 square meters]
				per individual in a double occupancy bedroom, both exclusive of closet and
				bathroom space. Bedrooms in newly constructed homes or existing homes converted
				to group home facilities completed after July 1, 1985, must provide at least
				one hundred square feet [9.29 square meters] per individual in a single
				occupancy bedroom, and at least eighty square feet [7.43 square meters] per
				individual in a double occupancy bedroom, both exclusive of closet and bathroom
				space.
3. Bedrooms in group home
				facilities must be located on outside walls and separated from other rooms and
				spaces by walls extending from floor to ceiling and be at or above grade
				level.
4. Bedrooms in group home
				facilities must not have doors with vision panels and must be capable of being
				locked from the inside of the bedroom, except when justified by a specific
				assessed need and documented in the person-centered service plan.
5. Each client must have the opportunity to
				furnish and decorate their bedrooms as they choose, such as a chest of drawers,
				table, or desk.
6. Bedrooms in
				group home facilities must provide storage space for clothing in the bedroom
				which is accessible to all, including nonambulatory individuals.
7. Group home facilities shall provide space
				outside the bedrooms to be equipped for out-of-bed activities for all
				individuals not yet mobile, except for those who have a short-term illness or
				those for whom out-of-bed activity is a threat to life.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-30 - Group home kitchens

Current through Supplement No. 393, July, 2024
1. Kitchens
				in group home facilities must provide sufficient space to permit participation
				by both staff and clients in the preparation of food.
2. Kitchens in group home facilities must
				provide appropriate space and equipment, including a two-compartment sink, to
				adequately serve the food preparation and storage requirements of the facility.
3. Kitchens in group home
				facilities must have hot water supplied to sinks in the range of one hundred
				ten to one hundred forty degrees Fahrenheit [47.22 to 60 degrees Celsius], as
				controlled by a tempering valve, located to preclude client access.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-31 - Group home bathrooms

Current through Supplement No. 393, July, 2024
1. Bathrooms
				in group home facilities must be located in places that facilitate maximum
				self-help by clients.
2. Bathrooms
				in group home facilities must provide showers, bathtubs, and lavatories
				approximating normal patterns found in homes, unless specifically
				contraindicated by program needs.
3. Bathrooms in group home facilities must
				serve only up to four individuals each.
4. At least one bathroom per group home
				facility must be accessible and usable by nonambulatory visitors and employees.
5. Bathrooms in group home
				facilities must have hot water supplied to lavatories and bathing facilities in
				the range of one hundred ten to one hundred forty degrees Fahrenheit [47.22 to
				60 degrees Celsius], as controlled by a tempering valve, located to preclude
				client access.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-32 - Group home laundry

Current through Supplement No. 393, July, 2024
1. Laundry
				space within group home facilities must provide a washer and dryer, storage for
				laundry supplies, accommodations for ironing, and counterspace for folding
				clothing and linen.
2. Hot water
				supplied to clothes washers must be in the range of one hundred thirty-five to
				one hundred forty degrees Fahrenheit [57.22 to 60 degrees Celsius].
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-33 - Group home use of space

Current through Supplement No. 393, July, 2024
1. Group
				home facilities shall provide free use of space within the living unit, with
				due regard for privacy, personal possessions, and programs; with limitations of
				personal areas of supervisory staff.
2. Group home facilities shall provide for an
				individual to personalize the individual's portion of the living unit and mount
				pictures on the walls.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-35 - Water supply

Current through Supplement No. 393, July, 2024
1. Group home
				facilities for individuals with developmental disabilities shall be located in
				areas where public or private water supplies approved by the state department
				of health are available. Approved public water supplies must be used where
				available.
2. When a private water
				supply is used, water samples must be submitted at the earliest possible date
				prior to occupancy and every six months thereafter to determine chemical and
				bacteriological acceptability.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-36 - Sewage disposal

Current through Supplement No. 393, July, 2024
1. Group home
				facilities for individuals with developmental disabilities shall be located in
				areas where public or private sewage disposal systems approved by the state
				department of health are available. Approved public sewage disposal systems
				must be used, where available.
2.
				Plans and specifications for proposed private sewage disposal system or
				alteration to such systems must be approved by the state department of health
				prior to the construction, maintenance, and operation of such systems.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03