As used in this chapter:

Terms Used In North Dakota Code 23-09.3-01

1.    “Basic care facility” means a residence, not licensed under chapter 23-16 by the department, that provides room and board to five or more individuals who are not related by blood or marriage to the owner or manager of the residence and who, because of impaired capacity for independent living, require health, social, or personal care services, but do not require regular twenty-four-hour medical or nursing services and:

a.    Makes response staff available at all times to meet the twenty-four-hour per day scheduled and unscheduled needs of the individual; b.    Is kept, used, maintained, advertised, or held out to the public as an Alzheimer’s, dementia, or special memory care facility; or

c.    Is attached to a nursing home or assisted living facility and its staff are available to meet the needs of all residents and comply with state and federal regulations.

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

3.    “Services” includes responsibility for resident health and safety, assistance with activities of daily living and instrumental activities of daily living, provision of leisure, recreational, and therapeutic activities, supervision of nutritional needs, and medication administration.