N.D. Admin. Code 33-07-06-01
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, and 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. "Certified nurse aide" means an individual who has successfully completed the requirements for the department-approved nurse aide training and competency evaluation program, or department-approved competency evaluation program and is entered on the department's nurse aid registry.
3. "Department" means the state department of health and consolidated laboratories.
4. "Facility" means skilled nursing facility or nursing facility licensed by the department, and does not include any institution that is for the care and treatment of mental diseases or for the mentally retarded or persons with related conditions.
5. "Misappropriation of 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.
6. "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.
7. "Nurse aide" means any individual providing nursing or nursing-related services to individuals in a nursing facility or other health care facility, who is not a licensed health professional or someone who volunteers to provide such services without pay.
8. "Nurse aide competency evaluation" means a department-approved testing mechanism consisting of both a written or oral and a manual skills component, testing the necessary knowledge needed by a nurse aide to provide safe care in a nursing facility or other health care facility.
9. "Nurse aide registry" means a listing of all individuals who have satisfactorily completed a department-approved competency evaluation program who have submitted the required initial or renewal information for inclusion on the department's registry and individuals with documented findings of abuse, neglect, or misappropriation of resident property.
10. "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.
11. "Qualified instructor" for a nursing facility nurse aides 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 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 professions who have a minimum of one year experience in their field may supplement the instructor.
12. "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 following considerations: severity of the noncompliance issue, frequency of the noncompliance issue, and history of prior noncompliance issues.
13. "Supervised practical skills training" means manual skills training provided through a department-approved nurse aide training program in a laboratory or other setting in which the nurse aide demonstrates knowledge while performing tasks on an individual under the direct supervision of a qualified instructor or a licensed nurse under the general supervision of a qualified instructor.
N.D. Admin Code 33-07-06-01
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC 23-16-01, 23-17.3-08