NBHA®National Boarding Home Association
Regulations / North DakotaReviewed September 2026

North Dakota

A basic care facility is a residence giving room and board to five or more unrelated people who need health, social or personal care but not regular 24-hour medical or nursing care. These are ND's main board-and-care license, funded only through state programs (not Medicare/Medicaid-certified). Assisted living facilities (at least five units serving five or more unrelated people) and adult foster care homes (personal, nonmedical care in a private home) are licensed separately by HHS. A statutory moratorium bars new basic care beds from Aug. 1, 2025 through July 31, 2029, with limited exceptions.

License categories

Basic care facilitiesAssisted living facilitiesAdult foster care homes

Key laws

N.D.C.C. ch. 23-09.3
Basic Care Facilities — official text
N.D.A.C. ch. 33-03-24.1
Basic Care Facilities (licensing rules) — official text
N.D.A.C. ch. 75-03-21
Licensing of Foster Homes for Adults — official text
N.D.C.C. ch. 50-32 / N.D.A.C. ch. 75-03-34
Assisted Living Facilities — official text

Key requirements

  1. Basic care facilities must have enough trained staff awake and ready to help residents 24 hours a day (N.D.A.C. 33-03-24.1-09.5).
  2. All basic care employees need annual in-service training on fire safety, health needs, infection control and resident rights. Administrators need 12 hours of continuing education a year (N.D.A.C. 33-03-24.1-11).
  3. Resident rights must comply with N.D.C.C. ch. 50-10.2 (N.D.A.C. 33-03-24.1-09).
  4. New basic care bed capacity is under moratorium Aug. 1, 2025 - July 31, 2029, with exceptions for conversions, transfers and underserved areas (N.D.C.C. 23-09.3-01.1).
  5. Adult foster care licenses run up to 12 months at first, then up to 24 months; providers must show competency in listed personal-care procedures (N.D.A.C. 75-03-21).

Sources

  1. https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit/basic-care-facilities
  2. https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit
  3. https://www.hhs.nd.gov/health/regulation-licensure-and-certification/health-facilities-unit/health-facility-concerns
  4. https://ndlegis.gov/cencode/t23c09-3.pdf
  5. https://ndlegis.gov/information/acdata/pdf/33-03-24.1.pdf
  6. https://ndlegis.gov/prod/acdata/pdf/75-03-21.pdf
  7. https://www.hhs.nd.gov/adults-and-aging/assisted-living
  8. https://www.hhs.nd.gov/adults-and-aging/human-services/adults-and-aging/long-term-care-ombudsman-program
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