In this chapter, unless the context or subject matter otherwise requires:

Terms Used In North Dakota Code 50-10.2-01

  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC

1.    “Authorized electronic monitoring” means the placement and use of an authorized electronic monitoring device, by a resident or resident representative, in the resident’s room.

2.    “Authorized electronic monitoring device” means video surveillance cameras, monitoring devices, web-based cameras, video phones, or audio recording or transmitting devices, or a combination of these devices, installed in the room of a resident which are designed to acquire, transmit, broadcast, interact, or record video, communications, or other sounds occurring in the room. The term does not include still cameras or devices used for the purpose of the resident having contact with another person but not for the purpose of electronically monitoring a resident.

3.    “Conflict of interest” means any type of ownership in a facility or membership on the governing body of a facility by a provider of goods or services to that facility or by a member of that individual‘s immediate family.

4.    “Department” means the department of health and human services.

5.    “Facility” means a skilled nursing care facility, basic care facility, assisted living facility, or swing-bed hospital approved to furnish long-term care services.

6.    “Immediate family” means husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepchild, uncle, aunt, niece, nephew, or grandchild.

7.    “Remodeling” means any alteration in structure, refurbishing, or repair that would:

a.    Prevent the facility staff from providing customary and required care; or

b. Seriously endanger or inconvenience any resident with noise, dust, fumes, inoperative equipment, or the presence of remodeling workers.

8.    “Resident” means an individual residing in a facility.

9.    “Resident representative” means a person authorized to act as a resident’s agent under power of attorney for health care or guardianship.