Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1460
(Representatives D. Anderson, Vollmer)
(Senator Thomas)
AN ACT to create and enact two new sections to chapter 50-11 of the North Dakota Century Code,
relating to substitute caregiver and respite care provider requirements in foster homes for adults
and the permitted use of an electronic monitoring device by an adult foster care provider; and to
provide for a legislative management study.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 50-11 of the North Dakota Century Code is created and
enacted as follows:
Substitute caregivers and respite care providers - Requirements.
1.As used in this section:
a."Respite care provider" means an individual enrolled as a qualified service provider who
provides respite care to private pay adult residents in the absence of the provider.
b."Substitute caregiver" means an individual who meets qualified service provider
standards and provides respite care to private pay adult residents in the absence of the
provider.
2.The department may not limit the services of a substitute caregiver or a respite care provider
providing resident care on behalf of a foster home for adults to less than two hundred twenty
calendar days during the twenty-four-month period immediately following the renewal date of
the initial license or for less than one hundred ten calendar days during the twelve-month
period immediately following the date of the issuance of the initial license.
3.Unless a substitute caregiver or a respite care provider provided resident care on behalf of a
foster home for adults for more than twelve hours during a calendar day, the department may
not count the calendar day toward the limit determined by the department in accordance with
subsection 2.
4.This section applies to private pay adult foster care providers.
SECTION 2. A new section to chapter 50-11 of the North Dakota Century Code is created and
enacted as follows:
Adult foster care providers - Temporary assistants - Permitted use of electronic device for
monitoring.
An adult foster care provider may:
1.E mploy a temporary assistant as needed to assist with private pay adult residents that have
physical limitations that require more than one provider to properly assist.
2.Use an electronic device for monitoring an otherwise unattended adult resident within a limited
range, which allows the provider to remain nearby while ensuring the safety of the resident.
Before implementing an electronic device for monitoring, the use of the device must be
approved in writing by the resident or, if the resident is incapacitated, a family member or legal
representative of the resident. H. B. NO. 1460 - PAGE 2
SECTION 3. LEGISLATIVE MANAGEMENT STUDY - LICENSING OF FOSTER HOMES FOR
ADULTS. During the 2025-26 interim, the legislative management shall consider studying the licensing
of foster homes for adults. The study must consider the barriers to receiving services for older adults
and adults with disabilities; regulatory restrictions that create challenges for facilities, providers, and
caregivers; and any funding or reimbursement limitations in federal and state law. The study must
include input from the department of health and human services, older adults and adults with disabilities
in need of services and their family members, residents and their family members, facilities, providers,
and caregivers. The legislative management shall report its findings and recommendations, together
with any legislation required to implement the recommendations, to the seventieth legislative assembly. H. B. NO. 1460 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1460.
House Vote: Yeas 91 Nays 1 Absent 2
Senate Vote:Yeas 47 Nays 0 Absent 0
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State