Substitute caregiver provider qualifications

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.