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NORTH DAKOTA STATUTES AND CODES

50-19 Maternity Homes

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CHAPTER 50-19MATERNITY HOMES50-19-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Department" means the department of human services.2."Maternity home" means any home or other premises, operating especially to
provide social services, maternity care, and child care to pregnant or recently
delivered mothers and their infants, which receives more than one woman for any
length of time for shelter or care during pregnancy or within one hundred twenty
days after delivery.It does not include any home or other premises owned oroperated by state or federal governments.50-19-02.License required.Any person, partnership, voluntary association,corporation, or limited liability company which operates a maternity home shall secure from the
department a license at least once every two years as required in this chapter.50-19-03. Requirements for license. A license for the operation of a maternity homemust be issued by the department to a reputable and responsible person, partnership, voluntary
association, corporation, or limited liability company, upon showing that:1.The premises to be used are in fit sanitary condition and properly equipped to
provide good care and treatment;2.The persons in active charge of the home and their assistants are qualified by
training and experience to carry on efficiently the duties required of them;3.The home is to be conducted for the public good and in accordance with sound
social policy; and4.The health and well-being of the infants and of the parties who receive services will
be properly safeguarded.50-19-03.1. Conviction not bar to licensure - Exceptions. Conviction of an offensedoes not disqualify a person from licensure under this chapter unless the department determines
that the offense has a direct bearing upon a person's ability to serve the public as the owner or
operator of a maternity home, or that, following conviction of any offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.50-19-04.Inspection and report by state department of health and state firemarshal.The department shall give notice to the state department of health and state firemarshal of each application for a license to operate a maternity home. Upon receipt of the
notice, the state department of health and the state fire marshal shall inspect the facilities and
premises of the applicant to determine compliance with health and fire safety standards and shall
report their findings to the department.50-19-05. Contents of license. The license to operate a maternity home issued underthe provisions of this chapter must set forth:1.The name of the licensee.2.The premises to which the license is applicable.3.The number of patients who may be received in such premises at any one time.4.The date of expiration of the license.Page No. 150-19-06. Regulation by department. The department may prescribe forms for theregistration and record of any individual who receives services in maternity homes and may
adopt reasonable rules for the conduct of such homes as are necessary to carry out the
purposes of this chapter. The department shall require reports from the licensee which must
include a statement of plans made for the mother and her child.50-19-07. Inspection of maternity home and the records thereof. The departmentand its authorized agents may inspect any maternity home licensed under this chapter at any
time. The department and its agents shall have free access to every part of such home and to
the records thereof, and they may see and interview any individual who receives services from
the maternity home.50-19-08.Every birth attended by qualified physician.Repealed by S.L. 2007,ch. 420,

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