North Dakota Administrative Code › Title 94 - Corrections and Rehabilitation, Department Of › Article 94-03 - Crime Victims Compensation › Chapter 94-03-02 - Definitions › Section 94-03-02-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this article have the same meaning
				  as in North Dakota Century Code section 54-23.4-01 unless otherwise defined in
				  this section:
1. "Age of majority"
				means eighteen years of age or older.
2. "Alternative medical service" includes
				acupuncture, herbal remedies, and homeopathy.
3. "Applicant" means either the claimant or
				the victim as defined in North Dakota Century Code section
				54-23.4-01.
4. "Crime victims
				compensation fund" means the fund established in the North Dakota treasury
				under the authority of the North Dakota department of corrections and
				rehabilitation and its division of adult services in accordance with North
				Dakota Century Code chapter 54-23.4 for the administration of crime victims
				compensation and payment of compensation for economic loss arising directly
				from criminally injurious conduct.
5. "Division" means the North Dakota
				department of corrections and rehabilitation's division of adult
				services.
6. "Economic loss" means
				financial detriment resulting from allowable expenses, including work loss,
				replacement services loss, medical expense, mental health services, and if the
				injury resulted in death, funeral expense, and dependent's economic loss and
				replacement services loss. Economic loss includes detriment caused by pain or
				suffering or physical impairment.
7. "Home health services" means medical
				services provided outside of a clinic or hospital to treat the victim of
				criminally injurious conduct.
8.
				"Immediate family" means a spouse, parent, stepparent, brother, sister,
				stepbrother, stepsister, half-brother, half-sister, or grandparent.
9. "Medical provider" includes licensed
				physicians, licensed physician's assistants, licensed nurse practitioners,
				licensed physical and occupational therapists, licensed pharmacists, licensed
				speech language pathologists, licensed dentists, licensed optometrists, and
				licensed chiropractors, massage therapists, and includes public or private
				hospitals, clinics, and pharmacies that employ physicians, physician's
				assistants, nurse practitioners, physical and occupational therapists,
				pharmacists, speech language pathologists, dentists, optometrists,
				chiropractors, and massage therapists.
10. "Mental health provider" includes
				licensed psychiatrists, licensed clinical psychologists, licensed or certified
				professional counselors, and licensed or certified social workers, and includes
				licensed public or private hospitals, clinics, and treatment facilities that
				employ psychiatrists, clinical psychologists, professional counselors, and
				social workers.
11. "Noneconomic
				detriment" includes pain, suffering, inconvenience, permanent or temporary
				physical impairment, and other nonpecuniary or noneconomic damages.
12. "Offender" means an individual who has
				committed an act of criminally injurious conduct.
13. "Reasonably incurred expenses" means
				allowable expenses incurred that are consistent with what a reasonable person
				would incur in the conduct of the same business in the same or similar
				circumstances.
14. "Resident of
				this state" means an individual who is domiciled in North Dakota or is in North
				Dakota for other than a temporary or transitory purpose. Whether an individual
				is a resident of North Dakota must be determined as defined in North Dakota
				Century Code section 54-01-26.
General Authority:
NDCC 54-23.4-04
Law Implemented:
NDCC 54-23.4-01, 54-23.4-04,
					 54-23.4-12