50-10.3-03. Access to long-term care facilities for essential caregivers

50-10.3-03. Access to long-term care facilities for essential caregivers 1. The department, working jointly with the state long-term care ombudsman, residents and tenants, families of residents and tenants, and long-term care facility representatives, shall establish basic protocols to allow a resident of a long-term care facility or the resident's designated decisionmaker designate one or more individuals as the resident's essential caregivers, including during a declaration of disaster or emergency. a. If a declaration of disaster or emergency results in restricted access to a long-term care facility, the department shall review and update the protocols every thirty days during the period of restriction, including an assessment of the need for continuation of the restriction. b. An essential caregiver shall meet the necessary qualifications to enter the long- term care facility to provide in-person physical, spiritual, or emotional support to a resident of a long-term care facility in accordance with the protocols established under this section. 2. The protocols must include: a. Safety measures for an essential caregiver which may include restrictions on travel, enhanced testing for communicable diseases, and the necessary safety equipment required to protect the health and safety of the residents of the long- term care facility; and b. Procedures to replace an essential caregiver due to necessary circumstances, including illness or death of the essential caregiver.