Chapter 03-40. Licensing of Qualified Residential Treatment Program Providers

As used in this chapter: 1. "Accredited" means to be accredited and in good standing by an independent, not-for-profit organization approved by the department. Accreditation organizations preapproved include the commission on accreditation of rehabilitation facilities, the joint …

1. A facility license shall state the effective date. A license is effective for a maximum period of two years. A facility license is nontransferable and is valid only on the premises and for the number of residents indicated on the license. 2. For a licensed facility that change…

1. Applicants must be accredited and in good standing with one of the department-approved national accreditation bodies. 2. A person may not apply for a license to operate a facility under this chapter until the department has reviewed the need for the additional residential plac…

1. The following time periods are allowed for correction of violations of North Dakota Century Code chapter 50-11 or this chapter: a. For a violation that requires an inspection by a state fire marshal or local fire department, five days; b. For a violation that requires substant…

1. The department may assess a fiscal sanction of twenty-five dollars per day for each day the facility remains out of compliance with a correction order. 2. The issuance of a fiscal sanction does not preclude the department's pursuit of other actions, including provisional licen…

1. A provisional license must state: a. The facility has failed to comply with applicable standards and regulations of the department; b. The areas of noncompliance noted by the department in a written document; and c. An expiration date not to exceed one year from the date of is…

1. A facility license may be denied or revoked under the terms and conditions of North Dakota Century Code chapter 50-11 or if the applicant or facility has violated any provision of North Dakota Century Code chapter 50-11 or fails to meet the minimum requirements of this chapter…

1. A facility may not receive a licensing amendment to increase or decrease facility bed capacity without approval of the department. 2. To qualify for an increase or decrease, a facility shall: a. Submit a written request; b. Provide a rationale for bed capacity change; and c. B…

The facility shall have a policy to ensure proper and efficient procedure in the event a facility would close. Prior to closing, the facility administrator shall provide at least a sixty-day written notice to the department: 7 1. Detailing a plan for closure, including: a. Date o…

1. Each facility shall have a governing body responsible for the operation, policies, activities, practice, and overall operations of the facility. The governing body shall: a. Be composed of at least five members. A list of the names and contact information of members of the gov…

A facility shall have a written disaster plan to accommodate emergencies. The disaster plan must allow the department or custodial agency to identify, locate, and ensure continuity of services to residents who are displaced or adversely affected by a disaster. The disaster plan m…

A facility shall have a performance and quality improvement plan that advances efficient, effective service delivery, effective management practices, and the achievement of strategic and treatment program goals and outcomes. 1. A facility shall have a written performance and qual…

1. The facility shall maintain an individual file on each employee. The file must include: a. File inventory detailing first and last date of employment, reason employment ended, training totals per year, and performance evaluation dates; b. The application for employment includi…

The governing body of the facility shall designate a facility administrator for the facility. 1. The governing body of the facility shall clearly define, in writing, the responsibilities of the facility administrator. If the facility is licensed for ten or more residents, the fac…

1. The facility shall clearly define, in writing, the responsibilities of the clinical director. The duties of the clinical director must be devoted to the provision of clinical services. 2. The clinical director must have a master's degree in a behavioral science field and must …

1. The facility clearly shall define, in writing, the responsibilities of the treatment coordinator employees, including communicating with the resident's custodian, parent, or guardian throughout the week while placed in the facility, to update the resident's custodian, parent, …

1. The facility clearly shall define, in writing, the duties and responsibilities of the direct care employees. 2. All direct care employees must: a. Be at least twenty-one years of age; b. Have a high school diploma or equivalent; or c. Have at least one year of experience worki…

1. The facility clearly shall define, in writing, the duties and responsibilities of the nurse which must be within the scope of North Dakota Century Code chapter 43-12.1. 2. A facility shall provide for an onsite nurse to accommodate the medical needs of residents. 3. The nursin…

1. The facility clearly shall define, in writing, the responsibilities of family engagement specialists. The duties of the family engagement specialist must be devoted to the provision of family engagement and aftercare service supports to best meet the needs of the resident and …

A facility may contract for or otherwise arrange professional services not provided by the facility when necessary for implementation of a resident's treatment plan. If a facility does contract for professional service providers to offer treatment onsite, the facility shall: 1. M…

1. A facility that uses nonemployees shall: a. Develop and provide a copy of a description of duties and specified responsibilities; 14 b. Designate an employee to supervise and evaluate nonemployees; and c. Develop a plan for the orientation and training of nonemployees to inclu…

The facility shall identify to the department all personnel positions, using the titles and duties described in this chapter. For purposes of internal operations, a facility may use any definition or title for its positions. All personnel must be capable of performing assigned du…

1. For purposes of this section, "persons who have a definite interest in the well-being of the residents" include: a. The resident's custodian, parent, or guardian, except to the extent the parental rights have been terminated or limited by court order; b. The referring agency t…

1. Upon hire and annually thereafter, all personnel shall certify having read the law requiring the reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1, and having read and received a copy of the facility's written child abuse and neglect pro…

employment by facility. 1. The department requires an initial fingerprint-based criminal background check for all personnel with direct contact with residents. Subsequent fingerprint-based background checks are not required for personnel maintaining continuous employment at the f…

Repealed effective April 1, 2024.

1. All personnel must be capable of performing assigned tasks. 2. All employees shall undergo an initial health screening, performed by or under the supervision of a physician not more than one year prior to or thirty days after employment to verify good physical health to work i…

1. For purposes of this section: 20 a. "Reside" means to sleep and keep personal belongings; and b. "Structure" means a building that is or may be free standing. The existence of a walkway, tunnel, or other connecting device on, above, or below ground is not effective to make one…

1. All employees in contact with residents shall receive at least twenty hours of training per year, with evidence of completion in the employee file. 2. Required trainings to prepare employees to meet the needs of residents served by the facility include: a. Certified first aid;…

1. Upon placement, a resident's case record is confidential and must be protected from unauthorized examination unless permitted or required by law or regulation. The facility shall adopt a policy regarding the retention of resident records. 2. The resident record must include on…

Facility shall utilize trauma informed treatment and shall adopt a plan for the model which must include a description of services offered to residents and their families. The facility shall clearly state which services are provided directly by the facility and which services mus…

A facility may operate an optional respite care program with approval of the department. Respite care is defined as temporary relief care for a resident with special medical, emotional, or behavioral needs, which requires time-limited supervision and care by a licensed foster car…

1. Admissions policies and procedures. A facility shall have written resident admission policies and procedures that describe the primary treatment offered onsite, range of presenting behaviors the facility shall treat, and procedures for admitting a resident. 2. Admissions and d…

1. All placements of children made from out of state must follow the interstate compact on the placement of children or the interstate compact for juveniles and be in full compliance with the appropriate interstate compact. It is the responsibility of the facility to ensure, prio…

1. A treatment coordinator shall develop a written, individualized treatment plan for each resident. Upon admission, the facility shall conduct an initial assessment of the resident's treatment and service needs and develop a treatment plan. An initial abbreviated treatment plan …

Each resident must have their discharge plan developed upon admission and reviewed ongoing as part of the treatment plan. 1. Persons involved in discharge planning should include: a. Resident; b. Resident's parent or guardian; c. Custodian, if applicable; d. Psychiatrist, if appl…

The facility shall create a written policy detailing how the facility embeds foundational concepts of family-driven, resident-guided care into the overall treatment model. The facility's policy shall account for situations in which termination of parental rights has occurred and …

The facility shall establish written policies and procedures regarding how the six-month aftercare requirements must be implemented to best meet the needs of residents and families, including completion of an aftercare plan that identifies how the facility will ensure continuity …

1. A facility shall have written policies and procedures for notification if a resident has left the facility without permission or fails to return to the facility after an approved leave. Facility policy and procedures must detail how the determination is made that a resident is…

The facility shall have written policy outlining the documentation of incidents and sentinel events that occur while the resident is in placement. Policy must include: 1. Description of an incident as an unplanned occurrence that resulted or could have resulted in injury to peopl…

A facility shall develop a suicide prevention plan that addresses several key components, including: 1. Personnel training; 2. Intake screening; 3. Ongoing risk assessments; 4. Levels of supervision for resident's; 5. Intervention options; 6. Use of suicide prevention kits with c…

1. The facility shall adopt a comprehensive written plan of preventive, routine, and emergency medical care for residents, including first aid, dental, optical care, and administration of prescription and nonprescription medicine. If a resident is due for a medical examination, t…

1. For purposes of this section: a. "General supervision" means regular coordination, direction, and inspection of the exercise of delegation of medication administration by a physician or nurse of an employee not licensed to administer medications. b. "Medication administration"…

1. A facility shall create a trauma informed culture that promotes respect, healing, and positive behaviors and which minimizes the use of restrictive behavior management interventions to the extent possible. 2. The facility shall provide the resident, custodian, and parents or g…

The facility shall provide and administer emergency safety interventions as follows: 1. For purposes of this section: a. "Drug used as a restraint" means any drug that: (1) Is administered to manage a resident's behavior in a way that reduces the safety risk to the resident or ot…

Repealed effective October 1, 2021.

1. A facility shall comply with all state, county, and local building and zoning codes and ordinances as well as all applicable state, county, and local safety, sanitation laws, codes, and ordinances. 2. A facility must be inspected annually by the local fire department or the st…

1. The facility shall appoint an employee to be responsible for complying with requirements for healthy and safe food and nutrition practices. 2. All food service personnel shall have in-service training annually. Training topics must relate to proper food handling procedures, ma…

1. The facility shall arrange for residents to have a personal supply of clean, well-fitting clothing and shoes for both indoor and outdoor wear and appropriate for the season. 2. The facility shall make room assignments to best meet the needs and vulnerabilities of residents. Th…

This section applies to the transportation of residents in a facility-owned or leased vehicle, driven by personnel. A facility shall develop a comprehensive transportation policy addressing the following: 1. Driver information. A facility shall maintain a list of approved persoen…