North Dakota Administrative Code

1. An individual is eligible for intellectual disabilities - developmental disabilities program management services if the individual has a diagnosis of intellectual disability which is severe enough to constitute a developmental disability. a. A diagnosis of the condition of int…

class. Repealed effective January 1, 1997.

1. Service eligibility for children from birth through age two is based on distinct and separate criteria designed to enable preventive services to be delivered. Young children may have conditions which could result in substantial functional limitations if early and appropriate i…

The extent to which appropriate services other than program management services are available to an eligible individual is dependent upon legislative appropriations and resources. Eligibility for program management services does not create an entitlement to services other than pr…

and four-year-old children. Repealed effective July 1, 2014.

1. An eligible individual or authorized representative may appeal a denial, reduction, or termination of services under this chapter. An appeal under this section must be made within thirty days of the date of the notice of the denial, reduction, or termination. An eligible indiv…

1. The average caseload of the developmental disabilities program managers must be no more than sixty eligible individuals per program manager. 2. The developmental disabilities program manager shall complete the following: a. Review individual rights with eligible individuals an…

As used in this article: 1. "Condition" means that the human service center does not meet a standard contained in this article. 2. "Department" means the department of human services. 3. "Recommendation" means a suggestion offered by the licensure team to strengthen and enhance t…

A human service center may not operate without first having obtained a license issued by the department under North Dakota Century Code section 50-06-05.2. History: Effective February 1, 1996. General Authority: NDCC 50-06-05.2 Law Implemented: NDCC 50-06-05.2 1…

The department shall conduct a review of departmental licensure standards, procedures, and rules prior to the departmental biennial licensure review of the human service center. History: Effective February 1, 1996; amended effective January 1, 2009. General Authority: NDCC 50-06-…

The executive director of the department shall designate an individual from within the department to serve as chairperson of the licensure team that evaluates the regional human service centers. History: Effective February 1, 1996. General Authority: NDCC 50-06-05.2 Law Implement…

The chairperson designated under section 75-05-00.1-04 shall develop a licensure team to conduct onsite reviews at each regional human service center. The licensure team must be composed, at a minimum, of the following individuals: 1. A psychologist or a psychiatrist; 2. A psychi…

The licensure team shall review the following major programs and services: 1. Clinical services; 2. Client management; and 3. Administration and center management. History: Effective February 1, 1996; amended effective January 1, 2009; July 1, 2020. General Authority: NDCC 50-06-…

At the conclusion of the review, each team member shall write a report on the programs and services reviewed. Each report must contain: 1. A description of programs and services reviewed; 2. Strengths; 2 3. Concerns; 4. Conditions; and 5. Recommendations. History: Effective Febru…

Within thirty days after the site visit to the human service center, the licensure team report of the review must be sent to the regional director. History: Effective February 1, 1996. General Authority: NDCC 50-06-05.2 Law Implemented: NDCC 50-06-05.2

1. A human service center receiving a condition shall submit to the licensure team a corrective action plan within thirty days from receipt identifying how the program will become compliant with the standards contained in this article; and 2. The human service center shall have s…

If the human service center, for reasons beyond its control, is unable to satisfy the cited condition, or if the nature of the condition warrants, a provisional or restricted license may be issued. A provisional license allows the human service center to operate while the center …

The licensure team shall request documentation or conduct an onsite review, or both, to ensure the program has implemented their corrective action plan. History: Effective February 1, 1996; amended effective January 1, 2009; July 1, 2020. 3 General Authority: NDCC 50-06-05.2 Law …

The department shall issue a license when a human service center has met all of the licensure standards outlined in this article. History: Effective February 1, 1996. General Authority: NDCC 50-06-05.2 Law Implemented: NDCC 50-06-05.2

All reports of the licensure reviews must be retained on file in the department's central office. Individual site followup reviews must also be retained. History: Effective February 1, 1996. General Authority: NDCC 50-06-05.2 Law Implemented: NDCC 50-06-05.2 4…

As used in this article: 1. "Acute treatment services" means a group of core services designed to address the needs of vulnerable children, adolescents, adults, elderly, and families who have problems. 2. "Addiction evaluation" means an assessment to determine the nature or exten…

Repealed effective January 1, 2009.

1. The human service center shall have a human service council appointed in accordance with North Dakota Century Code section 50-06-05.3. 2. The regional director shall maintain an accurate list of all human service council members, together with council members' addresses and te…

Repealed effective January 1, 2009.

Repealed effective December 1, 1991.

Repealed effective January 1, 2009.

Repealed effective February 1, 1996.

1. The human service centers shall comply with the requirements of the department's data collection system. 2. The human service center shall implement a utilization review program to assess quality client care, which reviews appropriateness of admissions, services provided, dura…

1. The regional director shall adopt and maintain a written emergency management plan which provides crisis counseling for disaster emergencies in counties within the center's catchment area. The emergency management plan must be available on the premises. Clients must be instruc…

1. Individuals responsible for admissions shall provide all human service center consumers, and the consumers' families or guardians, as appropriate, with a written statement regarding the exercise and protection of the consumers' civil rights. The statement must include the assu…

Repealed effective January 1, 2009. 6

Outpatient services. An outpatient service is an organized, nonresidential service or an office practice which provides professionally directed aftercare, individual, group, and other services to consumers. 1. Each human service center shall offer a range of outpatient services t…

An "emergency service" is a service that is available at all times to handle crisis situations. 1 1. The human service center shall maintain or contract for a twenty-four-hour emergency service. Telephone or face-to-face contact must be part of the service. All contacts must be d…

1. Community residential services. a. The regional director shall designate a community living supervisor to supervise the community residential services. b. The human service center shall provide or contract for at least two of the following services: (1) SMI group care. (a) SMI…

1. The human service center must have written policies and procedures designed to ensure that all medications, including those medications administered or supervised by contracted providers, are administered safely and properly in accordance with state laws. 2. Medication orders …

1. The regional director shall employ or contract with a psychiatrist to be the medical director. The medical director shall provide consultation, treatment, and psychiatric evaluations for consumers at the human service center and shall provide input in program planning and deve…

The human service center shall: 1. Provide information to the general public and local agencies regarding center services. 2. Inform consumers and agencies about center services and how to access those services. 3. Respond to requests for educational presentations and inservice t…

1. The regional director shall employ or contract with one or more psychologists who meet the requirements of North Dakota Century Code chapter 43-32. 2. Psychological services include psychological evaluations, psychometric testing, psychological consultations, and psychotherapy…

1. The regional director shall designate staff to coordinate, administer, and supervise the regional intervention service. 2. The regional intervention service must refer consumers to appropriate community-based treatment in lieu of state hospital admission, when available. Histo…

The human service center must have an addiction program which meets the requirements of articles 75-05 and 75-09.1. History: Effective January 1, 2009; amended effective July 1, 2020. General Authority: NDCC 50-31 Law Implemented: NDCC 50-31 7…

1. The regional director shall designate admission personnel who are responsible for the initial contact with the individual and, as determined appropriate, the individual's family to define and evaluate the presenting problems and make disposition for necessary services. 2. If, …

Repealed effective December 1, 1991.

1. Each consumer who has been admitted for service to the human service center shall have an individual plan based on the admission data and needs of the consumer. 2. Overall development and implementation of the individual plan are the responsibility of the professional staff me…

1. Progress notes related to the consumer's treatment plan goals and objectives must describe the consumer's progress in treatment chronologically and must document the consumer's response to services related to the treatment. 2. Progress notes must address the following: a. Acti…

For clinical services, the consumer, case manager, and case manager's supervisor shall review individual plans at least every six months, except when consumer circumstances necessitate a change to the treatment plan. History: Effective November 1, 1987; amended effective December…

1. The case manager shall enter a treatment or service completion summary in the consumer's record when consumers have not received treatment within six months after documented attempts to contact the consumer have been made, when termination is mutually agreed upon by the consum…

1. When a consumer needs treatment or service which the human service center does not provide, staff shall assist the consumer in obtaining the services, if available. 2. The staff shall provide pertinent information to the referral agency. Before any referral is made, a release …

1. The regional director shall designate a staff member who is responsible for the safekeeping of each consumer's record. 2. All data and information in the consumer's record is confidential. a. Records must be maintained in accordance with federal and state confidentiality requi…

In this chapter: 1 1. "Appeal" means a request for an impartial due process hearing or an impartial due process hearing to resolve the issue under dispute. 2. "Assistive technology device", also referred to as "rehabilitation technology device", means any item, piece of equipment…

1. The vocational rehabilitation program assists an eligible individual with physical or mental disabilities to prepare for and achieve an employment outcome. The vocational rehabilitation process is based upon an individualized plan for employment oriented to the achievement of …