North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-10 - Licensing and Treatment Standards for Opioid Treatment Programs › Section 75-09.1-10-03 - Denial of application for opioid treatment program license

Current through Supplement No. 393, July, 2024
1. The division shall deny an applicant's
				license:
a. When it fails to meet the
				requirements of section 75-09.1 -10-02.
b. If the applicant has been denied, or has
				had revoked, the registration, accreditation, or certification required to be
				an opioid treatment program as set forth in subsection 22 of section
				75-09.1-10-01.
c. If any of the following occurred and was
				not resolved at a facility under the control of the applicant:
(1) A license for a substance use disorder
				treatment service or health care agency was denied, revoked, or suspended in
				the past;
(2) Found to have
				discriminated against, demonstrated cruelty, abuse, negligence, or misconduct
				toward, or indifference to the welfare of, a patient;
(3) Misappropriation of patient property or
				resources;
(4) Failed to meet
				financial obligations or contracted service commitments that affected patient
				care;
(5) Has a history of
				noncompliance with state or federal regulations in providing substance abuse
				treatment;
(6) Refused to allow the
				division access to records, files, books, or portions of the premises relating
				to operation of the substance abuse treatment program;
(7) Willfully interfered with the
				preservation of material information or attempted to impede the work of an
				authorized department representative;
(8) Advertised itself as licensed when a
				license has not been issued, or a license has been suspended or revoked;
				or
(9) Has not demonstrated the
				capability to provide the appropriate services to assist patients in meeting
				goals, including:
(a) Abstinence from opioids
				and opioid substitutes;
(b)
				Obtaining mental health treatment;
(c) Improving economic independence;
				and
(d) Reducing adverse
				consequences associated with illegal use of controlled substances.
d. If an owner or
				administrator of a facility under the control of the applicant:
(1) Has been convicted of child abuse or has
				been adjudicated as a perpetrator of child abuse;
(2) Has obtained or attempted to obtain a
				substance abuse treatment program license or health care provider license by
				fraudulent means or misrepresentation;
(3) Has been found guilty of, has pled guilty
				to, or has pled no contest to any of the offenses identified in paragraph 1 of
				subdivision c of subsection 1 of section
				75-09.1-01-17;
(4) Has been found to have discriminated
				against, demonstrated cruelty, abuse, negligence, or misconduct toward, or
				indifference to the welfare of, a patient;
(5) Has misappropriated patient property or
				resources;
(6) Has failed to meet
				financial obligations or contracted service commitments that affect patient
				care;
(7) Has knowingly, or with
				reason to know, made a false statement of fact in the application or materials
				attached to the application;
(8)
				Has knowingly, or with reason to know, made a false statement of fact or failed
				to submit necessary information in any matter under investigation by the
				division; or
(9) Does not meet
				criminal background check requirements.