§ 50-32-01 — Definitions

In this chapter, unless the context otherwise requires:
1. "Assisted living facility" means a building or structure containing a series of at least five
living units operated as one entity to provide services for five or more individuals who
are not related by blood, marriage, or guardianship to the owner or manager of the
entity and which is kept, used, maintained, advertised, or held out to the public as a
place that provides or coordinates individualized support services to accommodate the
individual's needs and abilities to maintain as much independence as possible. An
assisted living facility does not include a facility that is a congregate housing facility,
licensed as a basic care facility, or licensed under chapter 23-16, chapter 23-17.7,
chapter 25-16, or section 50-11-01.4.
2. "Department" means the department of health and human services.
3. "Entity" means an individual, institution, organization, limited liability company, or
corporation, whether or not organized for profit.
4. "Individualized support services" means services provided to individuals who may
require assistance with the activities of daily living of bathing, dressing, toileting,
transferring, eating, medication management, and personal hygiene.
5. "Living unit" means a portion of an assisted living facility that contains a sleeping area,
an entry door that can be locked, and a private bath with a toilet, bathtub or shower,
and sink and which is occupied as the living quarters of an individual who has entered
into a lease agreement with the assisted living facility.
6. "Related by blood or marriage to the owner or manager" means an individual who is a
spouse or former spouse of the owner or manager or is a parent, stepparent,
grandparent, stepgrandparent, child, stepchild, grandchild, stepgrandchild, brother,
sister, half-brother, half-sister, stepbrother, or stepsister of the owner or manager or the
owner's or manager's spouse or former spouse.