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N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing)

North DakotaregulationNorth Dakota Department of Health and Human Services (Division of Health Facilities)· effective 1998-01-01

What this rule requires your agency to do

  • 1A home health aide must complete a nurse aide training and competency evaluation program totaling at least seventy-five clock hours (with at least sixteen classroom hours before, and at least sixteen hours of, supervised practical training) under general RN supervision, and pass an RN-conducted competency evaluation before providing services; patient records must be retained ten years from discharge (seven for deceased patients) (§ 33-03-10.1-18; § 33-03-10.1-16(9)).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 2The governing body is legally responsible for quality of care, patient safety, and legal compliance; it shall employ a qualified administrator, maintain an organizational plan, and ensure development/implementation of required policies and procedures including personnel records that check state registries/licensure boards before employment and document competency evaluation of home health aides (§ 33-03-10.1-10).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 3An entity meeting the definition of home health agency must obtain a license before establishing or operating; it may not use the terms "home health agency" or "home health services" without a license, must obtain an initial license before accepting patients, and the license (valid to December 31 of the year issued) must be displayed conspicuously and is nontransferable (§ 33-03-10.1-03(1),(8)).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 4When arranging services from individuals not directly employed or from other agencies, the agency shall have a signed written agreement meeting specified minimums, including verification of licensure/registration, supervision of contract personnel, and assurance that contractors meet the same requirements as agency personnel (§ 33-03-10.1-10(7)).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 5The agency shall orient new employees and cover prevention/control of infections, patient rights, and safety/emergency procedures with all staff annually; home health aides must receive twelve hours of inservice education within a twelve-month period supervised by a qualified registered nurse (§ 33-03-10.1-12).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 6The agency shall develop, implement, and document an ongoing agencywide quality assessment program and complete a performance improvement project annually (§ 33-03-10.1-11).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 7Home health aide services must be provided by a registered nurse-supervised aide who meets the training/competency requirements of § 33-03-10.1-18; if a patient receives skilled nursing plus aide services the RN shall make supervisory visits at least every two weeks, or at least every sixty days if the patient receives only aide/homemaker/companion services (§ 33-03-10.1-14(2),(4)).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))
  • 8The agency shall notify the department in writing at least thirty days in advance of ownership/operating-rights transfer, name change, or service/geographic-area change, and within thirty days of a change in administrative staff or nurse executive (§ 33-03-10.1-03(9)-(10)).(N.D. Admin. Code Chapter 33-03-10.1 - Home Health Agencies (Licensing))

Applies to: personal care

Establishes licensing, governing-body, nursing-supervision, patient-rights, clinical-record, and home health aide training/competency requirements for North Dakota home health agencies (amended effective October 1, 2025).

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.