N.D. Cent. Code § 50-10.1-04
50-10.1-04. Access to facilities and records
50-10.1-04. Access to facilities and records
To carry out the powers and duties of this chapter, the state long-term care ombudsman and
the ombudsman's authorized agents shall:
1.
Have access to all long-term care facilities within the state and shall have private
access to any resident within any long-term care facility within the state.
2.
Have access to all social and medical records of a resident if:
a.
The ombudsman or the ombudsman's authorized agent has the permission of the
resident or the legal representative of the resident;
b.
Access to the records is necessary to investigate a complaint and the resident is
unable to consent to the review and has no legal representative; or
c.
A legal representative of the resident refuses to give the permission and the
ombudsman or the ombudsman's authorized agent has reasonable cause to
believe that the legal representative is not acting in the best interests of the
resident and the state long-term care ombudsman approves access.