# Title 23 — Health and Safety

## Chapter 23-44 — Nurse Aide Registry

### § 23-44-01. Definitions.

As used in this chapter, unless the context otherwise requires, the following definitions
apply:
1. "Certified nurse aide" means an individual who is registered on the nurse aide registry
and who has either successfully completed the requirements for the
department-approved training and competency evaluation program or has successfully
completed the requirements of the department-approved competency evaluation
program.
2. "Department" means the department of health and human services.
3. "Home health aide" means an individual who is registered on the nurse aide registry
and who renders personal related service under the supervision of a registered
professional nurse.
4. "Medication assistant" means an individual who is registered on the nurse aide registry
and who has successfully completed the requirements of a department-approved
medication assistant program for a specific employment setting. A medication assistant
may be designated a medication assistant I or a medication assistant II.
5. "Nurse aide" means an individual who is registered on the nurse aide registry and who
has successfully completed the competency requirements identified by the department
to provide nursing or nursing-related services to an individual in a health care facility or
other setting.
6. "Nurse aide registry" means a listing of individuals who the department has
determined have successfully completed the requirements established by the
department to be designated as certified nurse aide, home health aide, nurse aide, or
medication assistant.
### § 23-44-02. Nurse aide registry - Rules.

1. The department shall establish and administer a nurse aide registry. The registry must
include disciplinary findings, including findings of abuse, neglect, or misappropriation
of property, and must include the eligibility of the individual to be employed.
2. The department shall adopt rules to regulate and register an individual who receives
compensation for engaging in the provision of nursing or nursing-related services to an
individual in a health care facility or other setting. The rules do not apply to a licensed
health care professional practicing within the scope of that profession, an unlicensed
assistive person under chapter 43-12.1, or a volunteer in the course of providing
services without pay. In developing the rules, the department shall consult with the
state board of nursing and other key stakeholders.
3. The rules required under subsection 2 must include the regulation of certified nurse
aides, home health aides, medication assistants, and nurse aides. For each category
of regulated individuals, the rules must address:
a. Nurse aide registry requirements;
b. Training and competency requirements;
c. Approval of training programs;
d. Initial registration and renewal of registration of individuals who have met training
and competency requirements;
e. Reporting and investigation of complaints regarding individuals on the registry;
and
f. A disciplinary process for a validated finding of abuse, neglect, or
misappropriation of resident or client property and for other misconduct that has
the potential to be harmful to a resident or client by an individual on the nurse
aide registry.
4. The department shall collect registration fees of twenty-five dollars per individual under
this chapter from the individual or the individual's employer.

5. Registration fees collected by the department must be deposited in the department's
operating account.
### § 23-44-03. Exemption.

Medication administration by an individual within a primary or secondary school under a
program established under section 15.1-19-23 is exempt from the requirements of this chapter,
if the individual has received education and training in medication administration and has
received written consent of the student's parents or guardian.
