19.8083.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1099
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Human Services)
1 A BILL for an Act to amend and reenact sections 43-12.1-04, 43-12.1-16, 50-11-00.1,
2 50-11-02.4, 50-11-06.8, 50-11-06.9, and 50-24.1-18 of the North Dakota Century Code, relating
3 to the delegation of administration of routine medications to a qualified service provider, agency
4 foster homes for adults, criminal history record investigations, and the implementation of
5 residential habilitation and community support services in a residential setting or private
6 residence; and to provide for application.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 43-12.1-04 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 43-12.1-04. Persons exempt from provisions of chapter.
11 This chapter does not apply to a person that is not licensed or registered under this chapter
12 and is:
13 1. A person that performs nursing interventions in cases of emergency or disaster.
14 2. A student practicing nursing as a part of an in-state board-approved nursing education
15 program.
16 3. A licensed nurse of another state who is in good standing and who is employed in this
17 state by the United States government or any of its bureaus, divisions, or agencies.
18 4. A nurse licensed by another state or Canada, whose employment requires the nurse
19 to accompany and care for a patient in transit for health care.
20 5. A nurse licensed by another state whose employment by a resident of that state
21 requires the nurse to accompany and care for the resident in North Dakota.
22 6. An individual who performs nursing tasks for a family member.
23 7. A person that renders assistance pursuant to chapter 23-27.
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1 8. A person licensed or registered under another chapter of this title and carrying out the
2 therapy or practice for which the person is licensed or registered.
3 9. A person that provides medications, other than by the parenteral route:
4 a. Within a correctional facility, in compliance with section 12-44.1-29;
5 b. Within a psychiatric residential treatment facility for children licensed under
6 chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;
7 c. Within a treatment or care center for individuals with developmental disabilities
8 licensed under chapter 25-16;
9 d. Within a group home, a residential child care facility, or an adult foster care facility
10 licensed under section 50-11-01 or North Dakota Administrative Code chapter
11 75-03-16;
12 e. Within the life skills and transition center, to the extent the individual who
13 provides medications is a direct training technician or a vocational training
14 technician as approved by the department of human services;
15 f. Within a human service center licensed under chapter 50-06; or
16 g. Within a primary or secondary school under a program established under section
17 15.1-19-23 if the individual has received education and training in medication
18 administration and has received written consent of the student's parent or
19 guardian.
20 10. A nurse currently licensed to practice nursing by another jurisdiction:
21 a. Whose practice in another state requires that nurse to attend orientation,
22 meetings, or continuing education in North Dakota;
23 b. Who serves as a guest lecturer or short-term consultant; or
24 c. Who provides evaluation undertaken on behalf of an accrediting organization.
25 11. An individual, including a feeding assistant, performing nonhands-on tasks while
26 employed in a Medicare-funded organization.
27 12. A student practicing nursing as part of an out-of-state board-recognized nursing
28 education program, upon written notification to the board and contingent upon clinical
29 site availability.
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1 13. An individual who is registered on the state department of health nurse aide registry,
2 including a certified nurse aide, home health aide, nurse aide, and medication
3 assistant.
4 14. A qualified service provider who meets the criteria set forth in subsection 2 of section
5 50-24.1-18.
6 SECTION 2. AMENDMENT. Section 43-12.1-16 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 43-12.1-16. Delegation of medication administration.
9 A licensed nurse may delegate medication administration to a person exempt under
10 subsections 9 and, 13, and 14 of section 43-12.1-04.
11 SECTION 3. AMENDMENT. Section 50-11-00.1 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 50-11-00.1. Definitions.
14 As used in this chapter:
15 1. "Agency foster home for adults" means a residential home in which foster care for
16 adults is regularly provided by professional staff trained to provide services to older
17 adults or adults with a disability, to four or fewer adults who are not related by blood or
18 marriage to the owner or lessee, for hire or compensation.
19 2. "Approval" means the approval by the department of a home of a Native American
20 family located on a recognized Indian reservation in North Dakota or of a facility
21 owned by the tribe or a tribal member and located on a recognized Indian reservation
22 in North Dakota, not subject to the jurisdiction of the state of North Dakota for licensing
23 purposes, to allow the home or facility to receive title IV-E funding.
24 2.3. "Authorized agent" means the county social service board, unless another entity is
25 designated by the department.
26 3.4. "Department" means the department of human services.
27 4.5. "Facility" means a foster home for adults, agency foster home for adults, family foster
28 home for children, group home, or residential child care facility for children.
29 5.6. "Family foster home for children" means an occupied private residence in which foster
30 care for children is regularly provided by the owner or lessee thereofof the residence
31 to no more than four children, unless all the children in foster care are related to each
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1 other by blood or marriage or unless the department approves otherwise for the
2 placement of siblings, in which case the limitation in this subsection does not apply.
3 6.7. "Foster care for adults" means the provision of food, shelter, security and safety,
4 guidance, and comfort on a twenty-four-hour per day basis, in the residential home of
5 a caregiver or agency, to a personan individual age eighteen or older, who is unable,
6 neglects, or refuses to provide for the person'sindividual's own care.
7 7.8. "Foster care for children" means the provision of substitute parental child care for
8 those children who are in need of care for which the child's parent, guardian, or
9 custodian is unable, neglects, or refuses to provide, and includes the provision of food,
10 shelter, security and safety, guidance, and comfort on a twenty-four-hour basis, to one
11 or more children under twenty-one years of age to safeguard the child's growth and
12 development and to minimize and counteract hazards to the child's emotional health
13 inherent in the separation from the child's family. Foster care may be provided in a
14 family foster home, group home, or residential child care facility.
15 8.9. "Foster home for adults" means an occupied private residence in which foster care for
16 adults is regularly provided by the owner or lessee of the residence, to four or fewer
17 adults who are not related by blood or marriage to the owner or lessee, for hire or
18 compensation.
19 9.10. "Group home" means a licensed or approved residence in which foster care is
20 regularly provided to at least four, but fewer than thirteen, unrelated children.
21 10.11. "Residential child care facility" means a licensed or approved facility other than an
22 occupied private residence providing foster care to thirteen or more unrelated children,
23 except as may be otherwise provided by rule or regulation.
24 SECTION 4. AMENDMENT. Section 50-11-02.4 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 50-11-02.4. Criminal history record investigation for foster care for adults -
27 Fingerprinting not required.
28 1. Except as provided in section 50-11-06.9, the department shall secure from any
29 individual employed by, or providing care in, an adult family foster carea facility
30 providing foster care for adults and any adult living in the facility, but not being
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1 provided care in the facility, identifying information other than fingerprints, that is
2 appropriate to accomplish a statewide criminal history record investigation.
3 2. Fingerprints need not be taken and a nationwide background check need not be made
4 if an individual:
5 a. Has resided continuously in this state for eleven years or since reaching age
6 eighteen, whichever is less;
7 b. Is on active United States military duty or has resided continuously in this state
8 since receiving an honorable discharge; or
9 c. Is excused from providing fingerprints under rules adopted by the department.
10 3. The department shall verify that sufficient identifying information has been provided.
11 Upon verification, the department shall submit that information to the bureau of
12 criminal investigation.
13 4. The bureau of criminal investigation shall provide any criminal history record
14 information that may lawfully be made available under chapter 12-60 to the
15 department. The department shall provide a copy of any response received from the
16 bureau of criminal investigation to the facility.
17 5. The department shall pay the cost of securing any criminal history record information
18 made available under chapter 12-60 and section 50-11-06.8 for foster home for adults.
19 An agency foster home for adults is responsible for the cost of securing any criminal
20 history record information made available under chapter 12-60 and section 50-11-06.8.
21 6. The department shall consult with the bureau of criminal investigation to determine the
22 identifying information, other than fingerprints, appropriate to accomplish a statewide
23 criminal history record investigation.
24 7. The department may adopt emergency rules under this section without the finding
25 otherwise required under section 28-32-02.
26 SECTION 5. AMENDMENT. Section 50-11-06.8 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 50-11-06.8. Criminal history record investigation - Fingerprinting required.
29 1. Each facility providing foster care for children shall secure, from a law enforcement
30 agency or any other agency authorized to take fingerprints, two sets of fingerprints and
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1 shall provide all other information necessary to secure state criminal history record
2 information and a nationwide background check under federal law from:
3 a. Any individual employed by, or providing care in, the facility; and
4 b. Any adult living in the facility, but not being provided care in the facility.
5 2. The facility shall assure that information obtained under subsection 1 is provided to the
6 department.
7 3. Upon receipt of all fingerprints and necessary information relating to a license request,
8 the department shall submit the information and fingerprints to the bureau of criminal
9 investigation. The department shall provide a copy of any response received from the
10 bureau of criminal investigation to the facility.
11 4. The bureau of criminal investigation shall request a nationwide background check from
12 the federal bureau of investigation and, upon receipt of a response, provide the
13 response of the federal bureau of investigation to the department. The bureau shall
14 also provide any criminal history record information that may lawfully be made
15 available under chapter 12-60 to the department.
16 5. Upon request by the operators of a facility, a law enforcement agency shall take
17 fingerprints of persons described in this section if the request is made for purposes of
18 this section.
19 6. The department shall pay the cost of securing fingerprints, any criminal history record
20 information made available under chapter 12-60, and a nationwide background check
21 for each facility providing foster care for children.
22 7. An agency that takes fingerprints as provided under this section may charge a
23 reasonable fee to offset the costs of the fingerprinting.
24 8. Except as provided in sections 50-11-02.4 and 50-11-06.9, the department shall
25 secure from a law enforcement agency or any other agency authorized to take
26 fingerprints two sets of fingerprints and all other information necessary to secure state
27 criminal history record information and a nationwide background check under federal
28 law from:
29 a. Any individual employed by, or providing care in, an adult family foster carea
30 facility providing foster care for adults; and
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1 b. Any adult living in an adult family foster carea facility providing foster care for
2 adults, but not being provided care in the facility.
3 9. A criminal history record investigation completed under this section may be used to
4 satisfy the criminal history record investigation requirements of sections 50-11.3-01
5 and 50-12-03.2.
6 SECTION 6. AMENDMENT. Section 50-11-06.9 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 50-11-06.9. Criminal history record investigation for foster home for adults - When
9 not required.
10 A criminal history record investigation may not be required, under section 50-11-06.8 or
11 50-11-02.4, of a family foster care home for adults licensed or approved on August 1, 1999, for
12 so long as that home remains continuously licensed or approved.
13 SECTION 7. AMENDMENT. Section 50-24.1-18 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 50-24.1-18. Personal care option - Basic care facilities - Residential habilitation -
16 Community support services.
17 1. The department of human services may implement a personal care option benefit
18 program. Personal care option benefits may only be made available to qualifying
19 individuals who reside in basic care facilities. As used in this section, "basic care
20 facility" has the meaning provided in section 23-09.3-01.
21 2. The department may implement residential habilitation and community support
22 services in a residential setting or private residence that would allow for the delegation
23 of administration of medication by an employee of a qualified service provider agency.
24 The qualified service provider agency shall employ or contract with a licensed nurse to
25 provide supervision to the employees of a qualified service provider agency who are
26 administering routine medications. The employees of a qualified service provider
27 agency shall complete department-approved training on the administration of routine
28 medications before administering routine medications. The department shall adopt
29 rules as are necessary to establish and govern residential habilitation and community
30 support services in a residential setting or private residence.
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1 SECTION 8. IMPLEMENTATION CONTINGENT UPON APPROPRIATION -
2 APPLICATION. The department of human services is not required to implement or enforce
3 sections 1, 2, 3, 4, 5, and 7 of this Act with respect to agency foster home for adults and
4 administration of routine medication if the legislative assembly does not provide an
5 appropriation to support the implementation and enforcement of sections 1, 2, 3,