Section 75-03-11-13 - Minimum health and training requirements for applicants, operators, and staff members1. If the physical, cognitive, social, or emotional health capabilities of an applicant, operator, or staff member appears questionable, the department may require the individual to present evidence of the individual's ability to provide the required care based on a formal evaluation. The department is not responsible for the costs of any required evaluation.2. A staff member or household member may not use or be under the influence of any alcoholic beverages or illegal drugs while children are in care.3. A staff member may not place a child in an environment that is harmful or dangerous to the child's physical, cognitive, social, or emotional health.4. All staff members responsible for caring for or teaching children shall certify completion of department-approved training related to child care annually. a. A staff member working thirty or more hours per week shall certify a minimum of thirteen hours of department-approved training annually.b. A staff member working fewer than thirty hours and at least twenty hours per week shall certify a minimum of eleven hours of department-approved training annually.c. A staff member working fewer than twenty hours and at least ten hours a week shall certify a minimum of nine hours of department-approved training annually.d. A staff member working fewer than ten hours per week shall certify a minimum of seven hours of department-approved training annually.e. A staff member shall complete one hour of department-approved mandated reporter of suspected child abuse or neglect training.f. The same training courses may be counted toward licensing annual requirements only if at least three years has passed since the last completion date of that training course, with the exception of subdivision e.g. Substitute staff and emergency designees are exempt from the annual training requirement with the exception of subdivision e.5. All staff members responsible for caring for or teaching children shall certify completion of a department-approved basic child care course within ninety days of employment.6. All staff members shall be currently certified within ninety days of employment and prior to staff member having unsupervised access to children under care, in infant and pediatric cardiopulmonary resuscitation and the use of an automated external defibrillator by the American heart association, American red cross, or other similar cardiopulmonary resuscitation and automated external defibrillator training programs that are approved by the department.7. All staff members shall be currently certified within ninety days of employment and prior to staff member having unsupervised access to children under care, in pediatric first aid by a program approved by the department.N.D. Admin Code 75-03-11-13
Effective December 1, 1981; amended effective January 1, 1987; July 1, 1996; July 1, 1996, amendments voided by the Administrative Rules Committee effective August 24, 1996; amended effective January 1, 1999; January 1, 2011.Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-11.1-08
Law Implemented: NDCC 50-11.1-01, 50-11.1-04, 50-11.1-07, 50-11.1-08