reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-11 - Substance Use Disorder Treatment Voucher System › Section 75-09.1-11-03 - Program denials and revocations

Current through Supplement No. 393, July, 2024
1. A program's
				application to participate in the voucher system may be denied if:
a. The program is:
(1) Not currently licensed under
				chapter
				75-09.1-01;
(2) Not currently licensed as an out-of-state
				program located within a bordering state; or
(3) Currently licensed as an out-of-state
				program located within a bordering state and has not received an assessment of
				need approval from the department;
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 75-09.1-11-05 - Agreement required

Current through Supplement No. 393, July, 2024
The department shall enter an agreement with an eligible
				  program in a form and manner prescribed by the department.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
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 75-09.1-11-06 - Services qualifying for and reimbursed by the substance use disorder treatment voucher system

Current through Supplement No. 393, July, 2024
The department shall issue a voucher, if approved under
				  section 75-09.1-11-08, as intent of payment for a specific qualifying service
				  for each of the following services:
1.
				Screening. A program may submit a request for payment for screening to
				determine the need for further assessment of a substance use
				disorder.
2. Assessment. A program
				may submit a request for payment for a comprehensive biopsychosocial clinical
				assessment that complies with section
				75-09.1-01-14 when an appropriate
				screening process has been completed, documented, and supports the need. The
				program shall inform the individual of the option of a voucher. If the
				assessment does not result in a recommendation for services consistent with
				ASAM criteria no further vouchers will be issued.
3. Treatment. A program may submit a request
				for payment for treatment when there is a biopsychosocial clinical assessment
				that complies with assessment requirements in 75-09.1, the assessment has been
				completed within the last six months, and the department has approved the
				recommendations. The program shall inform the individual of the option of a
				voucher.
4. Recovery support
				services. A program may submit a request for payment for recovery support
				services when the need for those services is documented in a comprehensive
				biopsychosocial clinical assessment or an updated treatment plan. A voucher for
				recovery support services may be issued as payment for recovery support
				services while the individual is awaiting clinical treatment, during clinical
				treatment, or during extended treatment.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
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 75-09.1-11-07 - Individual eligibility for a substance use disorder treatment voucher

Current through Supplement No. 393, July, 2024
1. The individual completes a voucher
				application in the form and manner prescribed by the department;
2. The individual resides in North
				Dakota;
3. The individual is twelve
				years of age or older;
4. The
				individual grants the department access to treatment and payment records
				consistent with the confidentiality requirements found under title 42, Code of
				Federal Regulations, part 2 and title 45, Code of Federal Regulations, part
				164;
5. The individual does not
				have resources to cover any care for treatment or meets one of the following
				conditions:
a. Individual's third-party
				payment resources will not cover all costs for treatment;
b. Individual has a pending application for
				medical assistance which presents a barrier to timely access to treatment;
				or
c. Individual would not qualify
				for medical assistance and has no alternative third-party payment
				resources.
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 75-09.1-11-08 - Approval of an individual's application and voucher

Current through Supplement No. 393, July, 2024
1. A program shall
				submit the individual's voucher application and proper documentation to the
				department requesting a substance use disorder treatment voucher for screening,
				assessment, treatment, or recovery support services. A licensed professional
				operating within their scope of practice or a certified peer support specialist
				acting consistent with training and certification who is employed by a program
				approved to participate in the substance use disorder treatment voucher system
				can provide services under the voucher system. Documentation submitted by the
				program must be in the form and manner prescribed by the department and must be
				in compliance with established requirements for each voucher request.
2. An approved substance use disorder voucher
				must be activated for ninety days. If the service is not initiated within
				ninety days the voucher will no longer be valid and a new voucher will need to
				be requested. Vouchers will allow payment at the rate established by the
				department for the specific ASAM service indicated. A new voucher will have to
				be activated for each service identified under section
				75-09.1-11-06.
3. Within five working days of receiving a
				request for a voucher, the department shall notify the program submitting the
				request and the individual completing the application of the application
				approval. The department shall notify the individual of the programs that
				provide the specific service covered by the voucher.
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 75-09.1-11-09 - Denial of substance use disorder treatment voucher

Current through Supplement No. 393, July, 2024
1. The department shall notify the program
				submitting the voucher application and the individual requesting the voucher
				within five working days of receipt of a request for voucher that the voucher
				application is denied. The department shall notify the program that submitted
				the voucher within five working days of a voucher revocation. The department
				shall deny the individual's voucher application if:
a. The individual is not eligible pursuant to
				section 75-09.1-11-07; or
b. The
				program submits a voucher application for a service that is not identified as a
				service provided under section 75-09.1-11-06.
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 75-09.1-11-10 - Appeals of denials of eligibility for substance use disorder treatment voucher

Current through Supplement No. 393, July, 2024
An individual who has requested a substance use disorder
				  treatment voucher may appeal a decision to deny the voucher. An appeal under
				  this section must be made in writing on a form developed and provided by the
				  department within thirty days of the date of the notice issued under section
				  75-09.1-11-09. An individual shall submit the written request for an appeal and
				  hearing under North Dakota Century Code chapter 28-32 to the appeals supervisor
				  for the department. An individual may not appeal a denial resulting from an
				  exhaustion of appropriated funds for the substance use disorder treatment
				  voucher system or an invalid voucher.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
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 75-09.1-11-11 - Exceptions to eligibility rules considered

Current through Supplement No. 393, July, 2024
An individual or a program on behalf of an individual may
				  request an exception to the eligibility criteria. Exceptions will be considered
				  with regard to an individual meeting the eligibility criteria. Exception
				  requests will be reviewed on a case-by-case basis. The department may deny an
				  exception and may revoke an exception granted under this subsection. The
				  decision to deny or revoke an exception is not an appealable
				  decision.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
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 75-09.1-11-12 - Process measures and outcomes measures reports required

Current through Supplement No. 393, July, 2024
Programs receiving payments for services through the voucher
				  system shall collect and report process measures and outcomes measures data to
				  the department as determined by the department.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
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 75-09.1-11-13 - Reimbursement process

Current through Supplement No. 393, July, 2024
Voucher system payments will be issued for only those
				  services meeting the ASAM criteria for levels of care and for the specific,
				  unbundled services provided using a standardized rate schedule. The program
				  shall submit requests for voucher system payments to the department and the
				  department shall issue payment after the program submits the reports required
				  in section 75-09.1-11-12.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
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 75-09.1-11-14 - Training and technical assistance

Current through Supplement No. 393, July, 2024
The department shall provide training and technical
				  assistance to all programs that apply to participate in the substance use
				  disorder voucher system. All approved programs shall participate in the
				  following training:
1. The
				implementation of the substance use disorder voucher system;
2. Determining individual
				eligibility;
3. The process and
				documentation required to submit requests for substance use disorder voucher
				approval;
4. The process and
				documentation required to submit billing for services that may be paid through
				the substance use disorder voucher system;
5. Department-approved standards regarding
				best practices; and
6. Reporting
				requirements.
General Authority:
NDCC
					 50-06-16
Law Implemented:
S.L. 2015, ch. 139, §
					 4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise requires:
1. "Condition"
				means a violation of the requirements of any applicable law or regulation has
				occurred.
2. "Corrective action
				plan" means a plan developed by the medication unit and submitted to the
				division identifying how the medication unit will correct a
				condition.
3. "Department" means
				the North Dakota department of human services.
4. "Division" means the behavioral health
				division of the department.
5.
				"Home-base opioid treatment program" means the opioid treatment program
				licensed according to chapter 75-09.1-10 to operate the medication
				unit.
6. "Interim license" means
				the proposed medication unit has met state requirements to move forward with
				federal requirements. A medication unit may not perform the duties of a
				medication unit under an interim license.
7. "Medication unit" means a facility
				established as part of, but geographically separate from, an opioid treatment
				program from which licensed private medical practitioners or pharmacists
				dispense or administer an opioid agonist or antagonist treatment medication or
				collect biological specimen samples for drug testing or analysis. Medication
				units are not required to be free-standing entities and may be located within
				other facilities, including a hospital, homeless shelter, correctional program,
				or public health location.
8.
				"Medication unit license" means a medication unit has met all state and federal
				requirements to operate the medication unit.
9. "Patient" means an individual who
				undergoes treatment in an opioid treatment program who may receive partial
				services at the medication unit.
10. "Recommendation" means a suggestion
				offered by the licensure team to strengthen and enhance the medication unit and
				services offered by the medication unit.
General Authority:
NDCC 50-31-09
Law Implemented:
NDCC
					 50-31-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-02 - Requirements for medication unit license - Application

Current through Supplement No. 393, July, 2024
1. A medication unit application for
				licensure to operate a medication unit shall hold a current license in good
				standing as an opioid treatment program under chapter 75-09.1-01.
2. Before applying for a license, the
				home-based opioid treatment program shall submit an assessment of need for the
				proposed location of a medication unit and obtain written approval by the
				division. The assessment of need must include an assessment of the following
				criteria:
a. A description of other existing
				services and medication units of the type proposed to meet the needs of the
				population proposed to be served in that location;
b. Justification for the need of a medication
				unit in the location;
c.
				Description of prospective operations for patient care at the medication unit;
				and
d. Community relations plan
				developed in consultation with the county, city, or tribal authority, or
				designees.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-03 - Issuing license to medication unit

Current through Supplement No. 393, July, 2024
The division shall issue a license following:
1. A review and approval of application
				materials for up to one year and subsequent licenses for three years;
2. A licensing review with no conditions
				issued; or
3. A review and approval
				of implementation of any corrective action plan required as a result of a
				licensing review or investigation.
General Authority:
NDCC 50-31-09
Law Implemented:
NDCC
					 50-31-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-04 - Denial of application for medication unit

Current through Supplement No. 393, July, 2024
The division shall deny an applicant's license:
1. When the applicant fails to meet the
				requirements of this chapter; or
2.
				The home-base opioid treatment program's license is not in good standing or has
				been suspended or revoked.
General Authority:
NDCC 50-31-09
Law Implemented:
NDCC
					 50-31-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-05 - Licensing review requirements

Current through Supplement No. 393, July, 2024
1. The
				division shall conduct a licensing review within one year of the initial
				license and at least every three years thereafter to determine continued
				compliance with the standards contained in this chapter.
2. The division may conduct scheduled or
				unscheduled visits at times other than routine licensing reviews.
3. Within thirty days of the licensing
				review, the division shall send a licensure review report to the medication
				unit.
4. A licensure review report
				must contain a description of:
a. The
				medication unit reviewed;
b. Any
				conditions issued; and
c. Any
				recommendations.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-06 - Suspension and revocation of license for medication unit - Appeal

Current through Supplement No. 393, July, 2024
1. The division may suspend or revoke a
				license for one or more of the following reasons:
a. The home-based opioid treatment program's
				license has been suspended or revoked;
b. The medication unit has violated any rules
				of the department; or
c. If the
				medication unit fails to correct conditions or fails to provide a sufficient
				explanation for its failure to take action, the division may suspend or revoke
				the medication unit's license or require other corrective measures from the
				medication unit.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-07 - Medication unit requirements

Current through Supplement No. 393, July, 2024
All licensed medication units shall:
1. Provide medication dosing and may provide
				urine screen collection and shall adhere to all state and federal regulations
				for those services. Any other services provided at the medication unit must
				have prior approval by the division;
2. Develop and implement a policy on the
				physical operations of a medication unit in conjunction with services at the
				home-based opioid treatment program;
3. Develop and implement a policy identifying
				the criteria a patient must meet to receive services offered at the medication
				unit;
4. Identify in a patient's
				treatment plan the services received at a medication unit;
5. Provide orientation to each patient
				regarding the services offered through the medication unit;
6. Develop treatment plans that reflect the
				utilization of a medication unit;
7. Develop and implement a process for a
				patient's continuity of care between services conducted at the medication unit
				and the home-based opioid treatment program;
8. Ensure all employee requirements required
				in chapter 75-09.1-10 occur for employees of the medication unit;
9. Ensure the facility is clean and
				well-maintained; and
10. Provide
				protection of patient confidentiality, in accordance with federal and state
				confidentiality requirements.
General Authority:
NDCC 50-31-09
Law Implemented:
NDCC
					 50-31-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-08 - Health and safety

Current through Supplement No. 393, July, 2024
A medication unit shall:
1. Maintain health and safety policies and
				procedures;
2. Develop and
				implement a written emergency plan that addresses provisions for dealing with
				bomb threats, active shooter and other violent actions, fires, medical
				emergencies, natural disasters, and power failures;
3. Have staff certified in basic first aid
				and basic cardiac life support, and trained to respond to a suspected
				overdose;
4. Have overdose reversal
				medication readily available;
5.
				Make readily available first-aid equipment and supplies; and
6. Implement a written policy that addresses
				the use of nicotine products.
General Authority:
NDCC 50-31-09
Law Implemented:
NDCC
					 50-31-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.1 - Substance Abuse Treatment Programs › Chapter 75-09.1-12 - LICENSING STANDARDS FOR MEDICATION UNITS › Section 75-09.1-12-09 - Medication unit closures

Current through Supplement No. 393, July, 2024
If a medication unit closes involuntarily or voluntarily, the
				  home-based opioid treatment program shall:
1. Provide the division with a plan detailing
				the procedures to ensure continuity of care for patients; and
2. Notify the division of the anticipated
				closure at least ninety days prior to the closure and identify the rationale
				for closure and the efforts to establish continuity of care for
				patients.
General Authority:
NDCC 50-31-09
Law Implemented:
NDCC
					 50-31-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context or subject matter
				  otherwise requires:
1. "Department"
				means the North Dakota department of human services.
2. "Division" means the behavioral health
				division.
3. "Minor in possession
				program certification" means a certification provided to a provider by the
				division to provide an evidence-based alcohol and drug early intervention
				program for individuals who violate North Dakota Century Code section
				5-01-08.
4. "Provider" means a
				minor in possession program certified instructor or implementer of an
				evidence-based alcohol and drug early intervention program.
5. "Program" means an evidence-based alcohol
				and drug early intervention program.
General Authority:
NDCC 50-06-44
Law Implemented:
NDCC 5-01-08,
					 50-06-44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-02 - Application for minor in possession program certification

Current through Supplement No. 393, July, 2024
1. Applicants shall
				submit to the division a signed application and all required information and
				documentation for minor in possession program certification in the form and
				manner prescribed by the department.
2. The department shall consider an
				application for minor in possession program certification complete when it has
				received all of the required information and documents in accordance with
				section 75-09.2-01-04. The division shall notify an applicant if an application
				is incomplete.
3. The department
				may declare an application for minor in possession program certification
				withdrawn if an applicant fails to submit all required information and
				documentation within thirty days of the department's notification to the
				applicant the application is incomplete.
General Authority:
NDCC 50-06-44
Law Implemented:
NDCC 5-01-08,
					 50-06-44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-03 - Minor in possession program certification required

Current through Supplement No. 393, July, 2024
1. A minor in
				possession program certification may not be transferred and is valid only for
				those providers and programs indicated on the minor in possession program
				certification.
2. A provider shall
				make available or display its minor in possession program certification in a
				place that is conspicuous to the public.
3. A provider shall be recertified by the
				division every three years, resubmitting all information under section
				75-09.2-01-04.
General Authority:
NDCC 50-06-44
Law Implemented:
NDCC 5-01-08,
					 50-06-44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-04 - Provider criteria

Current through Supplement No. 393, July, 2024
1. To receive a
				minor in possession program certification or minor in possession program
				recertification, a provider shall submit proof of the following:
a. A bachelor's degree. The requirement of a
				bachelor's degree may be waived for driving under the influence seminar
				instructors licensed under chapter 75 - 09.1 - 09 prior to December 31, 2017;
b. Successfully pass a background
				check; and
c. Be certified in a
				department - approved program
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-05 - Background check - Investigation

Current through Supplement No. 393, July, 2024
1. Each applicant
				and provider shall disclose to the department if they have been found guilty
				of, pled guilty to, or pled no contest to a criminal offense.
2. The applicant and provider shall disclose
				to the department the type of offense and dates and location of having been
				found guilty of, pled guilty to, or pled no contest to a criminal offense. Such
				disclosure does not disqualify the applicant or provider, unless having been
				found guilty of, pled guilty to, or pled no contest to a crime having direct
				bearing on the capacity of the applicant or provider to provide a service under
				this chapter or the applicant or provider is not sufficiently
				rehabilitated.
3. The department
				may conduct a criminal background check on an applicant or provider.
4. The department shall determine the effect
				of an applicant or provider having been found guilty of, pled guilty to, or
				pled no contest to a criminal offense.
5. The department may investigate and inspect
				the applicant's or provider's activities, programs, qualifications, and
				proposed standards of care.
General Authority:
NDCC 50-06-44
Law Implemented:
NDCC 5-01-08,
					 50-06-44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-06 - Criminal conviction - Effect on provider status

Current through Supplement No. 393, July, 2024
1. An applicant or
				provider may not be an individual who is known to have been found guilty of,
				pled guilty to, or pled no contest to:
a. An
				offense described in North Dakota Century Code chapters 12.1-16, homicide;
				12.1-18, kidnapping; 12.1-27.2, sexual performances by children; or 12.1-41,
				Uniform Act on Prevention of and Remedies for Human Trafficking; or in North
				Dakota Century Code sections 12.1-17-01, simple assault; 12.1-17-01.1, assault;
				12.1-17-02, aggravated assault; 12.1-17-03, reckless endangerment; 12.1-17-04,
				terrorizing; 12.1-17-06, criminal coercion; 12.1-17-07.1, stalking; 12.1-17-12,
				assault or homicide while fleeing a police officer; 12.1-20-03, gross sexual
				imposition; 12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04,
				sexual imposition; 12.1-20-05, corruption or solicitation of minors;
				12.1-20-05.1, luring minors by computer or other electronic means; 12.1-20-06,
				sexual abuse of wards; 12.1-20-07, sexual assault; 12.1-21-01, arson;
				12.1-22-01, robbery; or 12.1-22-02, burglary, if a class B felony under
				subdivision b of subsection 2 of that section; 12.1-29-01, promoting
				prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05, child
				procurement; 14-09-22, abuse of child; or 14-09-22.1, neglect of child; or an
				offense under the laws of another jurisdiction which requires proof of
				substantially similar elements as required for conviction under any of the
				enumerated North Dakota statutes; or
b. An offense, other than an offense
				identified in subdivision a, if the department determines the individual has
				not been sufficiently rehabilitated.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-07 - Program criteria

Current through Supplement No. 393, July, 2024
1. The program
				provided through the minor in possession program certification must be selected
				from a list of preapproved evidence-based programs identified by the division.
a. Provider is responsible to become and
				remain certified or credentialed in selected preapproved evidence-based
				programs.
b. Provider must meet all
				requirements for the selected program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-08 - Information management

Current through Supplement No. 393, July, 2024
Providers shall report annually to the division the following
				  information:
1. Confirmation of
				program certification;
2. Number of
				individuals served through the program;
3. Number of repeat individuals served by the
				program; and
4. The number of
				classes provided.
General Authority:
NDCC 50-06-44
Law Implemented:
NDCC 5-01-08,
					 50-06-44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-09 - Suspension

Current through Supplement No. 393, July, 2024
The division may suspend a provider's minor in possession
				  program certification at any time after the onset of an investigation. The
				  department shall post all suspensions and revocations for at least one
				  year.
General Authority:
NDCC 50-06-44
Law Implemented:
NDCC 5-01-08,
					 50-06-44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-09.2 - Substance Use Disorder Early Intervention › Chapter 75-09.2-01 - Alcohol and Drug Early Intervention Program › Section 75-09.2-01-10 - Program denials and revocations

Current through Supplement No. 393, July, 2024
1. An applicant's
				application may be denied if:
a. The
				applicant fails to comply with section 75-09.2-01-02; or
b. The applicant fails to meet the provider
				criteria pursuant to section 75-09.2-01-04.
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-01 - General Administration › Chapter 75.5-01-01 - Organization of Board of Social Work Examiners › Section 75.5-01-01-01 - Organization and functions of the board of social work examiners

Current through Supplement No. 393, July, 2024
1.
History.
The 1983 legislative
				assembly passed comprehensive licensing legislation for the social work
				profession. This Act has been codified as North Dakota Century Code chapter
				 43-41. The governor appoints a
				six-member board, with the members serving staggered three-year terms.
Between 1983 and 1985, persons proving to be practicing
				  social work or determined to be a past or future employee doing social work as
				  affirmed by an employer were allowed a waiver of the baccalaureate degree or
				  licensure requirements. Eligible persons were North Dakota residents practicing
				  social work in North Dakota or another state, and non-North Dakota residents
				  engaged in the practice of social work in another state but offered a social
				  work position in North Dakota.
2.
Functions.
The board of
				social work examiners or its authorized representative is responsible for
				licensing qualified applicants to practice social work and to ensure that
				licensees comply with the laws and regulations governing that practice.
3.
Inquiries.
Request
				for information concerning the licensing of social workers may be made to:
North Dakota Board of Social Work Examiners
P. O. Box 914
Bismarck, ND 58502-0914
Telephone: (701) 222-0255
Facsimile: (701) 224-9824
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC 28-32-02.1
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-01 - Interpretive Rules › Section 75.5-02-01-02 - Accredited college or university

Current through Supplement No. 393, July, 2024
With regard to the statutory requirement set forth in North
				  Dakota Century Code section
				   43-41-04, that an applicant for a
				  social work license must earn a degree from a college or university whose
				  social work program has been accredited by an accrediting body approved by the
				  board, the following programs meet the accreditation requirement:
1. Programs currently accredited.
2. Programs in initial accreditation review
				status.
3. Programs in approved
				candidacy status.
4. Programs in
				conditional accreditation status.
General Authority: NDCC 43-41-09
Law Implemented: NDCC 43-41-04
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-01 - Application

Current through Supplement No. 393, July, 2024
A person may not engage in social work practice in this state
				  unless that person is a licensed baccalaureate social worker, a licensed master
				  social worker, or a licensed clinical social worker.
Requests for application forms must be made with the board's
				  office. Applications for initial licensure, except licensure of applicants
				  licensed in another jurisdiction, must include:
1. A completed, signed application
				form.
2. An official transcript
				showing proof of required degree submitted to the board's office by the
				academic institution from which the degree was earned.
3. Proof of successful completion of the
				appropriate examination submitted to the board's office by the administrating
				body of the examination.
4. For
				applicants for licensed clinical social worker, a completed verification of a
				doctorate or a master's degree in social work and have successfully completed
				supervised practice form and verification of social work employment
				form.
5. A minimum of three written
				references providing evidence of the applicant meeting the requirements for
				professional conduct and competence required under the licensing act.
a. Applicants never having worked as a social
				worker must submit one reference from a social work faculty member, one
				reference from a field placement supervisor, and one reference from a licensed
				social worker.
b. All other
				applicants must submit three references - two from social workers at the
				applicant's proposed level of licensure or higher, and one from a work
				supervisor. All providers of references must be familiar with the applicant's
				work.
c. In appropriate
				circumstances, the board may waive or change the requirements for
				references.
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-02 - License examination

Current through Supplement No. 393, July, 2024
1. The license
				examination must be approved by the board. A passing examination score is valid
				only if the licensure application is postmarked or delivered to the board's
				office within one year from the date of the examination. The board shall
				certify the eligibility of all applicants and determine uniform passing and
				failing cutoff points.
2. Students
				currently enrolled and in good standing in accredited social work programs may
				apply for and take the appropriate examination during the semester or quarter
				in which they will graduate. A license may not be granted until proof of
				graduation is received by the board.
3. With the exception of students in good
				standing in the last semester or quarter of an accredited social work program,
				only applicants who meet the educational requirements of a baccalaureate or
				graduate degree in social work from an accredited social work program may take
				the qualifying examination.
4. An
				applicant who fails the examination may retake the examination after ninety
				days from the initial examination date.
General Authority:
NDCC 43-41-09
Law Implemented:
NDCC 43-41-04,
					 43-41-09
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-03 - License fees

Current through Supplement No. 393, July, 2024
The board adopts the following fee schedule:
Application fee
$25 (nonrefundable)
Initial license fee
$75
Renewals
$75
Late renewal fee (includes renewal fee)
$150
Licensure upgrade fee
$25
Continuing education fees
Individual licenseholder
$10
Program approval
$25
Provider approval
$100
Administrative fees
Licensee list
$100
Nonsufficient funds fee
As permitted by state statute
General Authority: NDCC 43-41-04.1, 43-41-09
Law Implemented: NDCC 43-41-04.1, 43-41-09
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-03.1 - Failure to complete licensure requirements

Current through Supplement No. 393, July, 2024
If the applicant fails to meet the requirements for licensure
				  within one year, the applicant must submit a new application.
General Authority: NDCC 43-41-09
Law Implemented: NDCC 43-41-09
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-04.1 - Supervision of applicants for licensure as a licensed clinical social worker

Current through Supplement No. 393, July, 2024
1. The applicant
				for licensure as a licensed clinical social worker must submit a plan for
				supervision to the board's office prior to beginning the process of working
				toward licensed clinical social work status, to include the name of the
				proposed supervisor and a copy of the supervisor's license. Should the
				supervisor change, a new plan must be submitted to the board's office by the
				applicant.
2. The applicants must
				participate in a minimum of one hundred fifty hours of face-to-face clinical
				supervision with a supervisor approved by the board. Not more than fifty hours
				of supervision may be group supervision.
3. The applicant must maintain a record of
				supervision hours, including dates, time, and content of supervisory sessions,
				should the board request same for verification purposes.
4. The applicant must complete and document a
				minimum of three thousand hours of supervised clinical social work experience
				during the four-year post-master's degree period.
5. The clinical supervisor must:
a. Evaluate the supervisee's knowledge and
				document minimal competencies in the areas of an identified theory base,
				application of a differential diagnosis, establishing and monitoring a
				treatment plan, development and appropriate use of the professional
				relationship, assessing the client for risk of imminent danger, and
				implementing a professional and ethical relationship with clients and
				colleagues.
b. Provide individual
				or group, or individual and group, face-to-face supervision.
c. Maintain documentation of supervision,
				including date, time, and content of supervisory sessions.
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-05 - License renewal

Current through Supplement No. 393, July, 2024
All licenses expire on December thirty-first of every
				  odd-numbered year. On or before October sixteenth of every odd-numbered year,
				  the board will send a notice of renewal and an application for renewal to each
				  licensee at the last address provided to the board by each licensee. A
				  completed application for renewal must be postmarked or delivered to the
				  board's office on or before November fifteenth of the odd-numbered year. If a
				  completed application is not postmarked or delivered to the board's office on
				  or before November fifteenth of the odd-numbered year, the applicant must pay
				  the late fee.
If a completed application for renewal is not received by the
				  board's office on or before December thirty-first of the odd-numbered year, the
				  license expires, and the person may not practice social work until a new
				  application for initial licensure is made and license is granted by the board.
The board may waive the late fee or extend the expiration
				  date for any applicant having proof of medical or other hardship rendering the
				  applicant unable to timely file a completed application. A completed
				  application for renewal must include:
1. Completed and signed renewal application
				form.
2. The license renewal fee.
3. Verification of required
				continuing education.
General Authority: NDCC 43-41-09
Law Implemented: NDCC 43-41-12
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-03 - The Licensing Process › Section 75.5-02-03-07 - Continuing education requirements

Current through Supplement No. 393, July, 2024
1. A social work
				practitioner licensed in North Dakota must complete thirty approved continuing
				education contact hours for the two-year licensing period to maintain licensure
				in North Dakota. No more than ten hours may be completed by independent
				learning which may include activities like online studies without live
				interaction. At least two hours must concern social work ethics.
a. Fifteen approved continuing education
				hours are required if a social worker is initially licensed between January
				first and June thirtieth of the odd-numbered year.
b. No continuing education hours are required
				if a social worker is initially licensed on or after July first of an
				odd-numbered year.
c. Continuing
				education hours cannot be earned until after the license effective date and
				only within the current licensing period.
d. Continuing education hours may only be
				applied to one licensing period.
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-04 - Private Practice and Third-Party Payment › Section 75.5-02-04-01 - Activities constituting the private practice of social work

Current through Supplement No. 393, July, 2024
Only those individuals licensed in North Dakota at the
				  licensed clinical social work level may engage in the private practice of
				  social work. Pursuant to North Dakota Century Code section 43-41-05, the
				  following criteria will be applied:
1.
				A private practitioner of social work on either a full- or part-time basis, is
				responsible for that person's own practice, exercises sole responsibility for
				the client, establishes conditions of exchange with clients, and identifies
				oneself as a social worker in offering services.
2. Services provided by a social worker are
				not considered private practice unless those services are provided independent
				of any supervising or sponsoring organization, or are provided within a private
				agency framework where the social worker is a partner or shareholder, and a fee
				is collected from or on behalf of the client.
3. If the social worker provides a
				continuation of services following termination of services to the client by the
				employing agency, the social worker must be considered to be in private
				practice unless the followup service is expressly designated as part of the
				social worker's responsibilities and the sponsoring agency or organization
				retains responsibility for the services that are provided.
General Authority:
NDCC 43-41-09
Law Implemented:
NDCC
					 43-41-05
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-05 - Reciprocity › Section 75.5-02-05-01 - Applications for licensure by an applicant licensed in another jurisdiction

Current through Supplement No. 393, July, 2024
An applicant for a license pursuant to North Dakota Century
				  Code section
				   43-41-07 must include:
1. A completed, signed application for
				licensure;
2. Proof, submitted by
				another jurisdiction, that the applicant holds a current license that is not
				issued on a temporary or restricted basis, is not encumbered or on probation,
				and is not suspended or revoked;
3. A copy of the other jurisdiction's law and
				rules setting forth the qualifications for licensure in the other jurisdiction
				at the time the applicant was initially licensed in the other jurisdiction.
				Under unusual circumstances, this may be waived by the board; and
4. Any additional information requested by
				the board.
General Authority: NDCC 43-41-09
Law Implemented: NDCC 43-41-09
North Dakota Administrative Code › Title 75.5 - Social Work Examiners, Board of › Article 75.5-02 - Licensure › Chapter 75.5-02-05 - Reciprocity › Section 75.5-02-05-02 - Military spouse reciprocity

Current through Supplement No. 393, July, 2024
1. The board shall
				license an individual that meets the definition of military spouse set forth in
				North Dakota Century Code section 43-51-01 who meet the following requirements:
a. The military spouse demonstrates
				competency in social work through methods or standards determined by the board
				which must include experience in social work for at least two of the four years
				preceding application; and
b. The
				board determines the issuance of the licensee will not substantially increase
				risk of harm to the public.