reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-08 - Social Detoxification ASAM Level III.2-D › Section 75-09.1-08-04 - Admission and continued stay criteria

Current through Supplement No. 393, July, 2024
Before a client may be admitted to a social detoxification
				  program, the client must meet the diagnostic criteria for a substance-induced
				  disorder of the current DSM and current clearance by a physician or a CIWA-Ar
				  score of less than eight and the presence of any of the following:
1. Diffuse mild central nervous system
				symptoms such as:
a. Cerebral symptoms,
				including slow responses to questions, difficulty in following complicated
				instructions, mild impairment of immediate memory, slurred speech, and mild
				disorientation to time but not to place or client;
b. Coordination symptoms, including mild
				abnormality in movement or gait, difficulty in finger-to-nose or
				finger-to-finger testing and rapid movements;
c. Reflex abnormalities, including normal or
				slightly depressed but symmetrical; or
d. Motor abnormalities, are normal or
				slightly depressed but symmetrical.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-08 - Social Detoxification ASAM Level III.2-D › Section 75-09.1-08-05 - Referral to acute care criteria

Current through Supplement No. 393, July, 2024
A social detoxification program shall refer a client to an
				  acute care facility or consult with a physician upon an increase in score to
				  greater than a seven CIWA-Ar score scale or when a client has any one or more
				  of the following symptoms:
1.
				Seizures or a history of seizures;
2. Current persistent vomiting or vomiting of
				blood;
3. Current ingestion of
				vomit into lungs;
4. Clouded
				sensorium such as gross disorientation or hallucination;
5. A temperature higher than one hundred and
				one degrees Fahrenheit [38.1 degrees Celsius] taken orally;
6. Abnormal respiration such as shortness of
				breath or a respiration rate greater than twenty-six breaths per minute;
7. Elevated pulse such as a heart
				rate greater than one hundred twenty beats per minute or arrhythmia;
8. Hypertension such as blood pressure
				greater than one hundred sixty over one hundred twenty;
9. Sudden chest pain or other sign of
				coronary distress or severe abdominal pain;
10. Recent head injury or any trauma other
				than minor;
11. Unconscious and
				not arousable; or
12. Other signs
				of significant illness such as jaundice, unstable diabetes, acute liver
				disease, severe allergic reaction, progressively severe Antabuse reaction,
				poisoning, progressively worsening tremors, chills, severe agitation, exposure,
				internal bleeding, shock, uncontrollable violence, suicidal or homicidal
				ideations.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-08 - Social Detoxification ASAM Level III.2-D › Section 75-09.1-08-06 - Criteria to determine that social detoxification is not necessary

Current through Supplement No. 393, July, 2024
Social detoxification will not be necessary if:
1. The client exhibits no withdrawal symptoms
				at a blood alcohol level of 0.0 percent;
2. The client has no medical complications
				present;
3. The client's
				nutritional status is moderate to good;
4. The client has a relative, friend, or
				other support system who can stay with the client for the time necessary to
				complete detoxification; or
5. The
				client prefers outpatient detoxification.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Department" means the North Dakota department of human
				  services.
2. "DUI seminar" means an alcohol and drug risk reduction
				  education program for individuals convicted of driving under the influence or
				  actual physical control.
3. "Recommendation" means that a violation of the rule has
				  occurred, however, on a very limited basis. Recommendation can also be given
				  when there is general compliance with a rule but the procedures can be
				  strengthened.
4. "Type I condition" means that a violation of the
				  requirements of any applicable law or regulation has occurred in at least
				  twenty-five percent of the cases reviewed.
5. "Type II condition" means habitual noncompliance with the
				  requirements of any applicable law or regulation, including a type I condition
				  that is still found to be occurring during subsequent visits, any illegal act,
				  or any act that threatens the health and safety of a client.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-02 - Application for licensure

Current through Supplement No. 393, July, 2024
1. A DUI
				seminar must submit to the department an application for a license in the form
				and manner prescribed by the department.
2. The department shall consider an
				application for a DUI seminar license complete when it has received all
				required information and documents. The department shall notify an applicant if
				an application is incomplete.
3.
				The department may declare an application for a DUI seminar license withdrawn
				if an applicant fails to submit all required documentation within sixty days of
				notification of incompleteness.
4.
				A new application for a DUI seminar license must be filed by a program upon
				change of ownership or level of care.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-03 - License required

Current through Supplement No. 393, July, 2024
1. The department
				may issue a provisional license for the operation of a new DUI seminar upon
				approval of a new application.
2.
				A provisional license must expire at a set date not to exceed one year from the
				date of issuance.
3. Prior to
				issuing an unrestricted license, the department must conduct an onsite review
				to determine if a DUI seminar is in compliance with the standards contained in
				this chapter.
4. An unrestricted
				license is in effect for the period specified in the license not to exceed two
				years.
5. A DUI seminar license
				may not be transferred and is valid only for those programs indicated on the
				license.
6. The department shall
				conduct at least biennially a continued license review for any DUI seminar with
				an unrestricted license. The continued license review will be performed to
				determine continued compliance with the standards contained in this chapter.
7. The department may conduct
				scheduled or unscheduled visits of a DUI seminar at times other than a routine
				licensure review.
8. A DUI seminar
				must display its license in a place that is conspicuous to the public.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-04 - Licensure report procedures

Current through Supplement No. 393, July, 2024
1. Within
				thirty days of an onsite review, the department must send a license report to
				the DUI seminar reviewed.
2. A
				license report must contain a description of the programs and services
				reviewed, strengths, concerns, recommendations, and a description of any type I
				or type II conditions.
3. The
				department shall retain all reports of the licensure review while the DUI
				seminar that is the subject of the report is licensed and for at least seven
				years from the time the DUI seminar is no longer licensed.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-05 - Seminar authority and administration

Current through Supplement No. 393, July, 2024
1. A DUI seminar shall identify to the
				department an individual or entity that is responsible for the conduct of the
				DUI seminar.
2. A DUI seminar
				shall be responsible for providing qualified personnel, facilities, and
				equipment needed to carry out the goals and objectives and to meet the needs of
				clients.
3. A DUI seminar shall
				conform to applicable laws and regulations, including accessibility,
				affirmative action, equal employment opportunity, confidentiality, health and
				safety, and licensure.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-06 - Information management

Current through Supplement No. 393, July, 2024
1. A DUI seminar
				shall collect data as prescribed by the department, including information
				necessary for federal and state grant statistical requirements and fiscal
				information such as fee structure.
2. A DUI seminar must apply appropriate
				safeguards to protect client records regardless of whether the records are
				electronically or manually maintained. These safeguards must include:
a. Limiting record access to authorized
				individuals;
b. Suitably
				maintaining a record indexing and filing system;
c. Knowing the essential record location at
				all times;
d. Securing and
				reasonably protecting records in a locked area where they will be reasonably
				protected against loss, damage, and inappropriate access; and
e. Protecting electronic records by routine
				backup.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-07 - Fiscal management

Current through Supplement No. 393, July, 2024
1. A DUI seminar
				shall have an established schedule of fees that is available in printed form
				and applied equitably to all clients.
2. A DUI seminar shall implement a policy
				that prohibits fee splitting with other programs, agencies, entities, or
				individuals as consideration for referral of the client to be served.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-08 - Physical facilities

Current through Supplement No. 393, July, 2024
1. All locations
				owned, rented, or leased by a DUI seminar must meet standards of the state fire
				marshal or an equivalent code or provide a letter from the inspecting authority
				stating that inspections were not done and why.
2. A DUI seminar shall provide adequate
				toilet and lavatory facilities.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-09 - Health and safety program

Current through Supplement No. 393, July, 2024
1. A DUI
				seminar shall develop a written emergency procedure that includes provisions
				for dealing with bomb threats, fires, medical emergencies, natural disasters,
				and power failures.
2. At the
				beginning of the DUI seminar, the DUI seminar instructor shall point out
				emergency evacuation exits and routes to seminar participants.
3. A DUI seminar shall have first-aid
				facilities, equipment, and supplies readily available.
4. A DUI seminar shall implement a written
				policy that addresses the use of smoking products. The policy must address the
				needs of the seminar participants and visitors and comply with local, state,
				and federal laws.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-10 - Infection control

Current through Supplement No. 393, July, 2024
A DUI seminar shall take universal precautions in the
				  handling of all bodily fluids and implement a written policy for the handling
				  of bodily fluids.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-11 - Referral criteria

Current through Supplement No. 393, July, 2024
1. A DUI seminar
				must secure the written consent of the client or the client's legal
				representative before releasing any confidential information about that client
				and the consent to release of information must conform to the following:
a. Any information released must be limited
				to that necessary for the individual or agency requesting the information or
				for the provider to whom the client is referred to be able to address the
				purpose of the referral;
b. A DUI
				seminar must stamp or write on the records that are being released that any
				further disclosure or redisclosure of information is prohibited unless it is
				authorized by the client or the client's legal representative; and
c. Be in accordance with applicable federal
				and state laws and must include at a minimum:
(1) The content to be released;
(2) The form in which the information is to
				be released such as written, verbal, audio, video, electronic;
(3) To whom the information is to be
				released;
(4) For what purpose the
				information is to be released;
(5)
				The name of the client and date of birth about whom information is to be
				released;
(6) The date on which
				the release is signed;
(7) The
				length of time, event, or condition for which the release is authorized or the
				event or condition upon which consent for release will be withdrawn; and
(8) The signature of the client or
				legal representative.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-12 - Client records

Current through Supplement No. 393, July, 2024
1. A DUI seminar
				shall prepare and maintain a single record for each client so as to communicate
				the appropriate case information. This information must be in a form that is
				clear, concise, complete, legible, and current.
2. The record of each seminar participant
				must include:
a. Seminar attendance record;
b. Department approved post-test;
c. A copy of any department of
				transportation report of addiction treatment form;
d. A copy of any consent to release of
				information form signed by the client; and
e. Any other correspondence related to the
				seminar participant.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-13 - Client rights

Current through Supplement No. 393, July, 2024
1. A DUI seminar
				must assure the right of each client to:
a.
				Be treated with respect and dignity;
b. Be treated without discrimination based on
				physical or mental disability;
c.
				Be treated without regard to race, creed, national origin, sex, or sexual
				preference;
d. Have all
				information handled confidentially in accord with state and federal standards
				of confidentiality; and
e. Not be
				subject to physical, emotional, or sexual abuse or harassment by the staff or
				another client.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-14 - Provider criteria

Current through Supplement No. 393, July, 2024
1. A DUI seminar
				instructor shall have at least a two-year degree or its equivalent or at least
				one year of professional work experience in the education, health, human
				services, or criminal justice field.
2. A DUI seminar instructor shall not engage
				in the illegal use of drugs nor conduct the DUI seminar while under the
				influence of alcohol or other mood-altering drugs.
3. A DUI seminar instructor shall be
				certified by the department to teach the department-approved curriculum. To
				achieve certification by the department, the instructor candidate shall meet
				all DUI seminar instructor requirements, shall successfully complete the
				department-approved DUI seminar instructor training, and shall submit the
				certification application to the department.
4. A DUI seminar instructor shall be
				recertified by the department every two years. To maintain certification by the
				department, a DUI seminar instructor shall teach the DUI seminar at least twice
				per certification cycle and attend DUI seminar instructor recertification
				training coordinated by the department.
5. To achieve certification when a DUI
				seminar instructor has allowed certification to lapse, a DUI seminar instructor
				shall submit a letter to the department that must:
a. Show evidence that the DUI seminar
				program's curriculum has incorporated current DUI information and educational
				changes;
b. Provide an explanation
				for the DUI seminar instructor's lapse in certification; and
c. Contain a statement that the DUI seminar
				program has not provided DUI seminar services during the time period that the
				certification had lapsed.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-15 - Seminar program criteria

Current through Supplement No. 393, July, 2024
1. A DUI
				seminar program shall follow the department-approved curriculum's sequence,
				schedule, format, process, and content.
2. A DUI seminar program shall use only those
				videos approved by the department for use in the DUI seminar and shall use
				those videos only at the times when the curriculum schedule permits their use.
3. A DUI seminar program shall
				provide each seminar participant with a new student booklet. Books become the
				property of the client and are not to be reissued.
4. A DUI seminar program shall not continue a
				class for more than two hours without providing the clients with a break.
5. A DUI seminar program shall not
				count time for breaks beyond three ten-minute breaks per four-hour period
				toward the required hours of education to be provided to clients.
6. A DUI seminar program shall maintain a
				current list of licensed substance abuse programs and information on local
				recovery support groups.
7. A DUI
				seminar program shall ask all DUI seminar clients to complete a participant
				evaluation form at the conclusion of each seminar and will retain copies of the
				evaluations in accordance with its record retention policy.
8. A DUI seminar program shall not accept
				into the seminar a client who has completed the department-approved evaluation
				process more than six months prior to participation in the seminar.
9. A DUI seminar program shall conduct the
				seminar in classes that must last no more than four hours per session and only
				one session must be scheduled per calendar day unless an exception is granted
				by the department.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-16 - Seminar care criteria

Current through Supplement No. 393, July, 2024
1. In order
				to fulfill a DUI seminar care criteria, a client shall:
a. Complete all required activities and
				assignments;
b. Attend all seminar
				sessions in sequence;
c. Attain a
				passing mark on the seminar post-test; and
d. Notify the department of transportation
				regarding the incident.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-17 - Discharge criteria

Current through Supplement No. 393, July, 2024
A DUI seminar program will discharge a client when:
1. The client has completed the seminar and
				all seminar requirements;
2. The
				client does not comply with the program; or
3. The client arrives at the seminar under
				the influence or is under the influence during the seminar.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-18 - Sanctions

Current through Supplement No. 393, July, 2024
1. The department may immediately revoke a
				DUI seminar's license upon a finding of a type II condition.
2. A DUI seminar must submit to the
				department a plan of corrective action within thirty days of the licensure
				visit when a type I condition has been found. A type I condition will result in
				a condition with ninety days allowed to implement the plan and satisfy the
				cited condition.
3. The department
				may conduct another onsite review prior to issuing a continued license after a
				DUI seminar has developed a plan of corrective action for any type I or type II
				condition.
4. The department shall
				issue a ninety-day suspension of a DUI seminar's license if the DUI seminar
				fails to timely satisfy a type I condition or develop a plan to satisfy the
				cited condition.
5. At the end of
				a ninety-day suspension of a DUI seminar license, the department may issue a
				provisional license that expires in no more than one year if the cited type I
				condition has been corrected.
6.
				The department shall revoke a DUI seminar license immediately if a DUI seminar
				fails to timely correct a type I condition.
7. During the three hundred sixty-five days
				following a license revocation for any type I or type II condition, a DUI
				seminar that has been the subject of a license revocation is prohibited from
				submitting a new application to the department for consideration for a new
				license for any facility or program.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-09 - DUI Seminar ASAM Level 0.5 › Section 75-09.1-09-19 - Appeals

Current through Supplement No. 393, July, 2024
An applicant for or a holder of a DUI seminar license may
				  appeal a decision to deny, suspend, or revoke a license by filing a written
				  appeal with the department within thirty days of receipt of written notice of
				  such a decision. Upon receipt of a timely appeal, an administrative hearing
				  must be conducted in the manner provided in chapter 75-01-03.
General Authority: NDCC
					 50-06-16, 50-31
Law Implemented: NDCC
					 50-31
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 75-09.1-10-02 - Requirements for opioid treatment program license - Application

Current through Supplement No. 393, July, 2024
1. An applicant for licensure to operate an
				opioid treatment program, must hold a current license in good standing, or be
				eligible and become licensed prior to operating an opioid treatment program, as
				a substance abuse treatment program under any of the following chapters:
				75-09.1-02, 75-09.1-02.1, 75-09.1-03, 75-09.1-03.1, 75-09.1-04, 75-09.1-04.1,
				75-09.1-05, 75-09.1-05.1, 75-09.1-06, 75-09.1-06.1, 75-09.1-07, or
				75-09.1-07.1. Chapter 75-09.1-01 applies to this chapter with the following
				exceptions:
a. Section
				75-09.1-01-20. Discharge and
				transfer criteria.
b. Section
				75-09.1-01-25. Accreditation as a
				basis for licensing.
c. Section
				75-09.1-01-26.
				Sanctions.
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 75-09.1-10-04 - Issuing license to opioid treatment program

Current through Supplement No. 393, July, 2024
The division shall issue a license after a review of
				  application materials and an onsite visit confirms the applicant has the
				  capacity to operate in compliance with this chapter. The division may issue an
				  initial license for up to one year and subsequent licenses for up to two
				  years.
General Authority:
NDCC
					 50-31-08
Law Implemented:
NDCC
					 50-31-08
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 75-09.1-10-05 - Suspension and revocation of license - Appeal

Current through Supplement No. 393, July, 2024
1.
a. The
				division may suspend or revoke a license for one or more of the following
				reasons:
(1) The opioid treatment program has
				violated any of the opioid treatment program licensing rules;
(2) The opioid treatment program has procured
				any license through fraud or deceit;
(3) The department, or any other state
				agency, has revoked any other license issued to the opioid treatment
				program;
(4) Any principal of the
				opioid treatment program 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;
(5) The opioid treatment program has failed
				to report any important change in the information about a project as
				required;
(6) The opioid treatment
				program has failed to operate in accordance with the representations made in
				its application;
(7) The opioid
				treatment program has failed to operate in compliance with any applicable law,
				rule, or regulation;
(8) The opioid
				treatment program ceases to provide, or within one hundred eighty days from the
				date the license takes effect fails to commence to provide, the services it is
				authorized to provide.
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 75-09.1-10-06 - Subsequent licensing inspection and review

Current through Supplement No. 393, July, 2024
The division shall conduct licensure reviews of each licensed
				  opioid treatment program at least once per year, with or without prior notice.
				  The division shall inspect the opioid treatment program's services for
				  compliance with all licensure requirements to determine the renewal term of the
				  license. At the time of inspection, the opioid treatment program must
				  have:
1. Maintained accreditation
				through an accreditation body;
2.
				Maintained certification from the administration;
3. Maintained registration with the United
				States department of justice, drug enforcement administration;
4. Maintained licensure as a substance abuse
				treatment program under any of the following chapters: 75-09.1-02,
				75-09.1-02.1, 75-09.1-03, 75-09.1-03.1, 75-09.1-04, 75-09.1-04.1, 75-09.1-05,
				75-09.1-05.1, 75-09.1-06, 75-09.1-06.1, 75-09.1-07, and 75-09.1-07.1;
5. Must not have had any of the following
				occur without being resolved at a facility under the control of the applicant:
a. The facility's license for a substance
				abuse treatment program or health care agency denied, revoked, or suspended and
				was not reinstated without restrictions or limitations;
b. A finding that the facility discriminated
				against, demonstrated cruelty, abuse, negligence, or misconduct toward, or
				indifference to the welfare of, a patient;
c. Misappropriation of patient property or
				resources;
d. Failure to meet
				financial obligations or contracted service commitments which affected patient
				care;
e. Noncompliance with state
				or federal regulations in providing substance abuse treatment;
f. Refusal to allow the division access to
				records, files, books, or portions of the premises relating to operation of the
				substance abuse treatment program;
g. Willful interference with the preservation
				of material information or attempt to impede the work of an authorized
				department representative;
h. The
				facility advertised itself as licensed when a license has not been issued, or a
				license has been suspended or revoked; or
i. Failure to demonstrate the capability to
				provide the appropriate services to assist patients in meeting goals,
				including:
(1) Abstinence from opioids and
				opioid substitutes;
(2) Obtaining
				mental health treatment;
(3)
				Improving economic independence; and
(4) Reducing adverse consequences associated
				with illegal use of controlled substances.
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 75-09.1-10-07 - Opioid treatment program requirements

Current through Supplement No. 393, July, 2024
All licensed opioid treatment programs must comply with the
				  following:
1. Patients must receive
				appropriate, comprehensive behavioral therapy from a licensed clinical
				professional, such as a licensed addiction counselor, a licensed independent
				clinical social worker, a licensed psychologist, or a licensed psychiatrist who
				is providing intervention beyond pharmacological management.
2. The opioid treatment program may continue
				medication-assisted treatment as long as the patient derives benefit from the
				treatment, desires to continue treatment and the physician or health care
				professional agrees to continue the treatment. A fixed length of time in
				treatment is not required as indefinite medication-assisted treatment may be
				clinically indicated. The medical director shall consider other medications
				during the course of treatment.
3.
				Federally approved pharmacological treatments for opioid addiction may be
				dispensed only by a licensed opioid treatment program.
4. The opioid treatment program shall
				establish comprehensive education and training requirements for physicians and
				other health care professionals, pharmacists, and licensed alcohol and drug
				abuse and behavioral health counselors affiliated with the opioid treatment
				program, which include relevant aspects of behavioral therapy and
				pharmacological treatment.
5. The
				opioid treatment program shall establish written rules of conduct for patients,
				which include a clear description of violations that may result in a patient's
				discharge from the treatment program. These rules must require a patient to
				participate in urinalysis as the opioid treatment program may direct.
General Authority:
NDCC
					 50-31-08
Law Implemented:
NDCC
					 50-31-08
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 75-09.1-10-08 - Care of adolescents in opioid treatment program

Current through Supplement No. 393, July, 2024
For a patient younger than eighteen years of age to be
				  eligible for maintenance treatment in the opioid treatment program, the patient
				  is required to have had two documented attempts at short-term detoxification
				  treatment or drug-free treatment within a 12-month period. The program
				  physician or other health care professional shall document in the patient's
				  record that the patient continues to be or is again physiologically dependent
				  on narcotic drugs. A patient under eighteen years of age may not be admitted to
				  a maintenance treatment program unless a parent, legal guardian, or other
				  person authorized by law to consent to treatment for the patient completes and
				  signs consent form, "Form FDA 2635 Consent to Methadone
				  Treatment".
General Authority:
NDCC
					 50-31-08
Law Implemented:
NDCC
					 50-31-08
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 75-09.1-10-09 - Treatment

Current through Supplement No. 393, July, 2024
1. The opioid treatment program shall ensure
				the clinical assessment of each patient takes into account the patient's
				history of opioid addiction.
2. At
				all stages of treatment, psychosocial and medical treatment must be of
				sufficient intensity and duration to be effective.
General Authority:
NDCC
					 50-31-08
Law Implemented:
NDCC
					 50-31-08
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 75-09.1-10-10 - Opioid treatment program administrative organization and responsibilities

Current through Supplement No. 393, July, 2024
1. Each
				opioid treatment program shall develop a referral and consultative relationship
				with a network of agencies and providers capable of providing primary and
				specialty services for the range of behavioral difficulties, psychiatric
				comorbid conditions, medical complications, and communicable diseases that may
				be part of a patient's treatment needs. Any information exchanged across this
				network must facilitate treatment and protect patient privacy, consistent with
				the Health Insurance Portability and Accountability Act, and title 42, Code of
				Federal Regulations, part 2.
2.
				Each opioid treatment program shall create a written statement of its mission
				and goals for patient care.
3. An
				opioid treatment program shall maintain individualized personnel files as a
				record of employment. These files must contain employment and credentialing
				data, employment application data, date of employment, updated licensing and
				credentialing data, detailed job descriptions, performance evaluations, and
				appropriate training records.
4. An
				opioid treatment program shall require a criminal history record investigation
				as set forth under section
				75-09.1-01-17 for an employee
				prior to allowing the employee to work with either adult or adolescent
				patients.
5. An opioid treatment
				program shall complete outcomes and data reports as requested by the
				division.
6. An opioid treatment
				program shall utilize the prescription drug monitoring program at least monthly
				for each patient.
General Authority:
NDCC
					 50-31-08
Law Implemented:
NDCC
					 50-31-08
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 75-09.1-10-11 - Facility and clinical environment

Current through Supplement No. 393, July, 2024
1.
				Each opioid treatment program shall ensure that its facility:
a. Has sufficient space and adequate
				equipment for the provision of services, including diagnosis, evaluation, and
				treatment of other medical, psychiatric, and behavioral disorders, if they are
				to be provided onsite.
b. Is clean
				and well-maintained.
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 75-09.1-10-12 - Risk management

Current through Supplement No. 393, July, 2024
1. Each opioid
				treatment program shall:
a. Establish
				procedures to guard against critical incidents.
b. Provide a mechanism to address patient
				emergencies by establishing an emergency contact system, as appropriate within
				confidentiality requirements.
c.
				Ensure that there are staff members on duty who are trained and proficient in
				cardiopulmonary resuscitation, management of opioid overdose, medical
				emergencies, and other techniques as appropriate.
d. Establish and regularly update policies
				and procedures which address safety and security issues for patients and staff,
				including training for staff to handle physical or verbal threats, acts of
				violence, inappropriate behavior, and other escalating and potentially
				dangerous situations, especially those in which security guards or police need
				to be summoned.
e. Shall provide
				information to patients on an ongoing basis, on the risks of discontinuing
				services, and on the potential consequences of using other
				substances.
f. Establish a policy
				on creation and use of individualized induction and dosing schedules for each
				patient.
g. Establish a policy for
				patients to take home medication for unsupervised use.
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 75-09.1-10-13 - Opioid treatment program closures

Current through Supplement No. 393, July, 2024
If an opioid treatment program closes involuntarily or
				  voluntarily, the opioid treatment program shall:
1. Provide the division with a plan detailing
				procedures to ensure continuity of care for patients. The plan must include
				steps for the orderly transfer of patients, records, and assets to other
				programs or practitioners to:
a. Assure
				appropriate referral of patients to avoid disruption in patient care;
b. Preserve the con.dentiality of patient
				records; and 16
c. Ensure
				appropriate access to financial records and accounts.
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 75-09.1-10-14 - Diversion control

Current through Supplement No. 393, July, 2024
Each opioid treatment program shall develop:
1. A diversion control plan that demonstrates
				accountability to its patients and to the community. The diversion control plan
				should reflect the efficient use of personnel and other resources to achieve
				the highest quality of patient care, while reducing possibilities for diversion
				of controlled substances from legitimate treatment to illicit use.
2. Each opioid treatment program shall inform
				its patients that diversion will be reported to law enforcement and the
				division and shall indicate how suspicions or evidence of diversion will be
				handled clinically. Each opioid treatment program shall establish clinical
				procedures to minimize diversion risk to ensure appropriate treatment, such as:
a. Routine toxicology screens;
b. Pill call backs for counting;
c. Bubble packing of prescriptions;
				and
d. Making copies of the
				identification numbers listed on the "strip" packaging to be available for call
				backs.
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 75-09.1-10-15 - Medical and behavioral health standards

Current through Supplement No. 393, July, 2024
1.
a. A
				physician or other health care professional for the opioid treatment program
				must diagnose opioid use disorder for an individual to be admitted for opioid
				treatment. The physician or other health care professional shall document or
				cosign the diagnosis, and admit each patient to maintenance treatment or
				detoxification treatment, as medically necessary. If pharmacological treatment
				is medically appropriate and prior to prescribing methadone, the physician or
				other health care professional shall assess whether it is appropriate to treat
				the patient with buprenorphine.
b.
				An individual must have a one-year history of addiction to be admitted to a
				maintenance treatment program. An individual with less than a one-year history
				of dependence may be admitted to undergo detoxification treatment. The absence
				of current physiological dependence is not an exclusion criterion; admission is
				acceptable when clinically justified. An opioid treatment program may accept
				arrest and medical records, information from significant others and relatives,
				and other information as documentation of the one-year history of
				addiction.
c. An opioid treatment
				program may waive the requirement that the individual have a one-year history
				of active addiction for an individual with a history of narcotic dependence who
				does not have current or active use, as a result of being released from a penal
				institution or having been previously treated.
d. A physician or other health care
				professional shall assess and review assessment results with each patient
				before the patient is approved for treatment with an opioid agonist treatment
				medication. If the physician or other health care professional determines
				admission of an individual is an emergency, the physician or other health care
				professional may review a medical examination performed by another qualified
				health care professional to make the required diagnosis that would allow
				admission of the individual, provided the physician or other health care
				professional reviews and countersigns the patient record within seventy-two
				hours of the patient's admission. The physician or other health care
				professional would subsequently review the assessment with the patient and
				discuss the medical services to be provided.
e. An opioid treatment program shall make an
				intravenous drug injecting individual or a pregnant woman a priority when
				prioritizing individuals for admission.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-11 - Substance Use Disorder Treatment Voucher System › Section 75-09.1-11-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context or subject matter
				  otherwise requires:
1. "ASAM criteria"
				means the current edition of the criteria of the American society of addiction
				medicine.
2. "Certified peer
				support specialist" means a human being meeting the requirements of certified
				peer support specialist I or certified peer support specialist II in compliance
				with chapter 75-03-43.
3. "Comprehensive biopsychosocial clinical
				assessment" means an assessment that integrates information regarding the
				biological, psychological, and social factors of an individual's life in
				determining the nature of the individual's substance use disorder and criteria
				for treatment.
4. "Department"
				means the North Dakota department of health and human services.
5. "Individual" means an individual who meets
				the identified eligibility criteria for services under the substance use
				disorder treatment voucher system.
6. "Outcomes measures" means the events or
				conditions that indicate the effectiveness of the substance use disorder
				treatment services.
7. "Process
				measures" means the steps and actions taken to implement the substance use
				disorder treatment services.
8.
				"Program" means an individual, partnership, association, corporation, or
				limited liability company that establishes, conducts, or maintains a substance
				abuse treatment program license in compliance with
				75-09.1-01 or similar license
				from a bordering state for the care of individuals with a substance use
				disorder. "Program" does not include a DUI seminar, which is governed by
				75-09.1-09 or a substance
				abuse treatment program operated by a state agency.
9. "Voucher" means funding issued by the
				department to a licensed substance abuse treatment program, excluding human
				service centers and the state hospital, for the purpose of providing eligible
				individuals substance use disorder treatment and recovery services.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-42
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-11 - Substance Use Disorder Treatment Voucher System › Section 75-09.1-11-02 - Application for program participation in the substance use disorder treatment voucher system

Current through Supplement No. 393, July, 2024
The department shall approve or deny a program's application
				  within twenty working days of receipt of a complete application. The department
				  may declare an application withdrawn if an applicant fails to submit all
				  required documentation within sixty days of the department's notification to
				  the applicant that the application is incomplete. A complete application
				  includes:
1. A signed application in
				the form and manner prescribed by the department;
2. A signed agreement pursuant to section
				75-09.1-11-05;
3. Receipt of the program's
				policies:
a. Ensuring compliance with this
				chapter;
b. Ensuring that a
				screening is completed to determine an individual's need for further assessment
				of a substance use disorder;
c.
				Ensuring that a screening is completed to determine financial eligibility
				consistent with the individual eligibility criteria in subsection 5 of section
				75-09.1-11-07;
d. Defining specific ASAM level of care
				services provided through the substance use disorder treatment voucher
				system;
e. Ensuring that only
				appropriately licensed or certified staff are providing the specific level of
				care service that is being reimbursed through the voucher system;
f. Identifying services based on best
				practice, including individualized, trauma-informed, recovery-oriented, and
				person-centered programming for reimbursement through the substance use
				disorder voucher system;
g.
				Defining specific procedures to ensure reporting of process measures and
				outcomes measures consistent with department requirements;
h. Defining and developing specific
				procedures to ensure timely and accurate billing for services qualifying for
				reimbursement through the voucher system;
i. Defining procedures allowing the
				department access to records; and
j. Ensuring the reporting of any change in
				licensing status to the department; and