North Dakota Administrative Code

1. For purposes of initial licensure, the applicant shall demonstrate the applicant has sufficient income to operate the applicant's program of services and, upon relicensure, the agency shall demonstrate ongoing financial stability. 2. The agency shall prepare an annual budget b…

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

1. Except as otherwise provided in this section, agency records concerning clients that have received, are receiving, or seek to receive supervised independent living programming must be safeguarded. The agency shall ensure the safety of client records against loss, theft, deface…

A supervised independent living program shall have a performance and quality assurance plan that advances efficient, effective service delivery, management practices, and the achievement of goals and outcomes. 6 1. An agency quality assurance plan must include agency performance …

1. The agency shall employ supervised independent living program employees with sufficient qualifications to enable the supervised independent living program employees to perform the agency's fiscal, clerical, and maintenance functions associated with operating the program. 2. Th…

The agency shall designate a program administrator to oversee the agency's supervised independent living program. 1. The agency clearly shall define, in writing, the responsibilities of the program administrator. At a minimum, the program administrator's responsibilities shall in…

1. The agency clearly shall define, in writing, the responsibilities of the supervised independent living program transition coordinator. At a minimum, responsibilities must include: a. Performance of intake services; b. Provide client case management and coordination of services…

An agency that utilizes nonemployees who regularly work directly with clients shall: 1. Require nonemployees be at least two years older than the client; 2. Require each nonemployee to successfully complete a fingerprint-based criminal background check and a child abuse and negle…

1. The agency shall ensure employees receive training, as applicable to their position, and in current program and service delivery specific to transition to adulthood. All employees in contact with clients must receive at least fifteen hours of training per year with evidence of…

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

Repealed effective April 1, 2024.

employment by agency. 1. The department requires an initial fingerprint-based criminal background check for each employee or nonemployee with direct contact with clients. Subsequent fingerprint-based background checks are not required for an employee who maintains continuous empl…

1. Upon hire and annually thereafter, all agency employees and nonemployees 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 agency's written child…

1. An agency licensed to provide supervised independent living programming may engage in service delivery based on different housing options, referenced as a supervised independent living setting. The agency is not required to offer each setting and shall specify during applicati…

The supervised independent living program may be made available for a variety of clients in need of transition services. The agency shall detail in policy, clients eligible for program acceptance and the expectations of a client's ability to live independently with minimal superv…

Agencies licensed to provide supervised independent living programming shall define in writing policy and procedures specific to acceptance of a client into the program. The agency shall have written policies that describe the program and services offered, range of client charact…

1. The agency shall adopt written program policy that must include: a. A description of the agency's plan for the provision of services required in this chapter, as well as assessment and evaluation procedures to be used in program planning and service delivery; b. A description …

The agency shall adopt a written policy that ensures the agency shall develop a written transition plan for each client, to aid in the client's personal transition to adulthood and independence. 1. The client's transition plan must be: a. Developed within thirty days of acceptanc…

Repealed effective April 1, 2024.

Upon acceptance to the supervised independent living program, a client's case file is confidential and must be protected from unauthorized examination unless permitted or required by law or regulation. The agency shall adopt a policy regarding the retention of client files. 1. Th…

A client served by the agency also in foster care shall have all incident and sentinel events reported to the placement and care agency. The agency shall report sentinel events to the department. 1. The agency shall have written policy outlining the critical incident and sentinel…

Upon written application and good cause shown to the satisfaction of the department, the department may grant a variance regarding a specific provision of this chapter upon such terms as the department may prescribe, except no variance may permit or authorize a danger to the heal…

The terms used in this chapter have the same meanings as in North Dakota Century Code section 50-10.2-01. In addition, as used in this chapter, unless the context or subject matter otherwise requires, "roommate" means a resident occupying the same room as the resident requesting …

1. A resident is presumed to have the capacity to consent to authorized electronic recording if the resident understands and appreciates the nature and consequences of the decision to consent to authorized electronic recording, including the benefits and risks of the decision. If…

1. The forms and information relating to authorized electronic recording must be provided by the facility upon request in a language, form, and manner residents, resident representatives, and visitors can access and understand. 1 2. At the request of the resident or the resident …

A facility clearly and conspicuously shall post a sign where authorized electronic recording is being conducted to alert and inform other residents, staff, and visitors to the facility. The sign must be provided in a language, form, and manner residents, staff, and visitors can a…

1. The resident or resident representative shall select the type of recording device that will be used in the resident's room, accounting for any restrictions imposed by the roommate or roommate's resident representative. If the resident or resident representative chooses to inst…

For the purposes of this chapter: 1. "Certified peer support specialist I" means a peer support specialist who has been approved by the division as certified in North Dakota as a certified peer support specialist I. 2. "Certified peer support specialist II" means a peer support s…

1. An applicant shall meet the following criteria to be eligible to become a certified peer support specialist I: a. Self-identify as an individual who has personal lived experience and is willing to publicly identify as an individual in recovery from a mental health disorder, su…

1. An applicant shall submit a signed application for certification and all required information and documentation for certification in the form and manner prescribed by the division, along with: a. Proof of successful completion of division-approved peer support training; b. Thr…

1. An applicant shall submit a signed application for certification and all required information and documentation for certification in the form and manner prescribed by the division, along with: a. Proof of successful completion of division-approved peer support supervision trai…

1. Certifications are effective when approved by the division and the certificate has been issued to the certified peer support specialist I or II. 2. Certificates are effective for a period of two years. 3. Certificates expire at midnight of the expiration date provided on the c…

1. To renew a certification, a certified peer support specialist I shall submit an application for recertification, along with all required supporting information and documentation in the form and manner prescribed by the division. Application for recertification will be accepted…

1. Twenty hours of continuing education are required for a two-year certification period. At least two hours of continuing education must be on the topic of peer support specialist ethics. No more than four hours of continuing education can be completed by self-study or distance …

1. The division may revoke the certification of a peer support specialist based on a determination that it is necessary to protect the welfare, health, and safety of the residents of the state. 2. Formal complaints against a certified peer support specialist may be made to the di…

A certified peer support specialist from another state may obtain certification in this state if the department has entered into a reciprocity agreement with the state that issued the individual's certificate. History: Effective July 1, 2020. General Authority: NDCC 50-06-16 Law …

1. "Applicant" means an entity applying for certification or renewal as a certified community behavioral health clinic. 2. "Application" means a department form submitted by an applicant for certified community behavioral health clinic certification and renewal. 1 3. "Behavioral …

An applicant shall meet the following criteria to be eligible for a certified community behavioral health clinic certification: 1. Be accredited by a nationally recognized accreditation body with standards specific to delivery of behavioral health care services for mental illness…

1. Prior to submitting an application for a certified community behavioral health clinic, an applicant shall submit to the department an intent to pursue certification in the form and manner prescribed by the department. 2. An applicant's intent to pursue certification must be ap…

1. An applicant shall submit to the department an application and all required information and documentation for a certified community behavioral health clinic certification in the form and manner prescribed by the department. 2. The department shall consider an application compl…

1. The department shall conduct a review of the submitted application. 2. The department may conduct an onsite visit as part of the application for a certified community behavioral health clinic certification. 3. If the department determines the application does not meet criteria…

1. Upon approval of an applicant's first approved application, the department shall issue an initial certified community behavioral health clinic certification. 2. An initial certified community behavioral health clinic certification is in effect for the period specified in the c…

1. The department shall conduct a certified community behavioral health clinic certification review within the initial certified community behavioral health clinic certification period. The department's review may include requests for documentation and an onsite visit. 2. If the …

1. A certified community behavioral health clinic certification is effective when approved by the department and the certified community behavioral health clinic certificate has been issued to the applicant. 2. A certified community behavioral health clinic certificate is effecti…

1. The department shall conduct scheduled or unscheduled certified community behavioral health clinic certification reviews, which may include site visits, to ensure compliance with this chapter. 2. Within thirty days of a review of certified community behavioral health clinic ce…

1. The department shall issue a report requiring the certified clinic to develop a corrective action plan if at any time during the certified community behavioral health clinic certification period, including the renewal process and initial certification, the certified clinic is …

1. The department may revoke the certified community behavioral health clinic certification for the following reasons: a. The certified clinic fails to provide the department with requested documentation demonstrating compliance with this chapter; b. The certified clinic fails to…