1. A substitute caregiver provider: a. Must be eighteen years of age or older; b. May not be a resident; c. Must possess qualifications of a provider specified in subsections 1 and 2 of section 75-03-21-08 excluding subdivision b of subsection 1 of section 75-03-21-08; and d. Successfully shall complete criminal background check requirements specified in North Dakota Century Code sections 50-11-02.4, 50-11-06.8, and 50-11-06.9.

2. The provider is responsible for the care of residents at all times, including if the duties or tasks of furnishing care have been delegated to a substitute caregiver.

3. Substitute caregivers who are providing care to private pay residents may not provide resident care on behalf of a facility for more than two hundred twenty calendar days during the twenty-four-month period immediately following the renewal date of the initial license or for more than one hundred ten days during the twelve-month period immediately following the date of the issuance of the initial license.

4. For purposes of this section, whenever a substitute caregiver provides resident care on behalf of a facility for more than twelve hours during a calendar day, the calendar day must be

counted toward the two hundred twenty calendar day or one hundred ten calendar day limit a substitute caregiver may provide resident care on behalf of a facility.

History: Effective May 1, 1992; amended effective May 1, 1995; September 1, 2004; January 1, 2009; October 1, 2012; October 1, 2016; April 1, 2026.

General Authority: NDCC 50-06-16, 50-11-03

Law Implemented: NDCC 50-11-03, 50-11-03.6