North Dakota Administrative Code

An intensive outpatient program shall provide: 1. A combination of individual and group therapy as deemed appropriate by an assessment and treatment plan; 2. Medical and nursing services as deemed appropriate by an assessment and treatment plan; 3. A system for consultation or re…

Before an intensive outpatient treatment program may admit a client, the client shall: 1. Meet diagnostic criteria for a substance-related disorder of the current DSM; and 2. Meet admission criteria for ASAM level II.1 outpatient in all six ASAM dimensions and at least two of the…

As used in this chapter: 1. "Assertive referral" means the identification of appropriate services and actively assisting the client to connect with the service provider and follow through with the plan of service. 2. "Chronic" means diagnosed chemical dependency or severe and per…

1. An outpatient services program shall offer no more than eight hours of programming per week. 2. An outpatient services program shall offer the program with the length of stay to be determined by a client's condition and functioning. History: Effective October 26, 2004. General…

1. An outpatient services program shall provide skilled treatment services that may include any combination of the following: a. Individual or group counseling, motivational enhancement, brief intervention, cognitive-behavioral therapy, opioid substitution therapy, family therapy…

For admission to outpatient services, the client shall meet the criteria set forth in subsections one and two and at least one of the remaining criteria: 1. Meet diagnostic criteria for substance-induced disorders of the DSM; and 2. Meet admission criteria for ASAM level I outpat…

As used in this chapter: 1. "Assertive community treatment" means an effective, evidence-based, outreach-oriented, service delivery model that provides comprehensive community substance abuse treatment, rehabilitation, and support services to clients in their home, work, school, …

1. An outpatient services program shall offer no more than five hours of programming per week. 2. An outpatient service program shall offer the program with the length of stay to be determined by a client's condition and functioning. History: Effective October 26, 2004. General A…

An outpatient services program shall provide skilled treatment services that may include any combination of the following: 1. Individual or group counseling or both, motivational enhancement, brief intervention, cognitive-behavioral therapy, opioid substitution therapy, family th…

Before an outpatient services program may admit a client, a client must: 1. Meet diagnostic criteria for substance-induced disorders of the DSM; and 2. Meet admission criteria for ASAM level I outpatient services in all six ASAM dimensions and at least one of the following: a. De…

1. "CIWA-Ar" means the revised clinical institute withdrawal assessment for alcohol scale published in the archives of general psychiatry 48:442-447, May 1991, which is a ten-item scale for clinical quantification of the severity of alcohol withdrawal syndrome. 2. "Detoxification…

A social detoxification program must provide: 1. Hospital affiliation providing twenty-four-hour medical backup; 2. A trained staff member familiar with complications associated with alcohol and other drug use and with community resources awake on all shifts; 3. A quite, positive…

A social detoxification provider shall: 1. Maintain a safe, comfortable, positive environment in a residential setting; 2. Have an agreement with local medical providers that ensure readily accessible emergency care when needed; 3. Implement a protocol so that the nature of the m…

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…

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…

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,…

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…

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 dep…

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 depar…

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…

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…

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 reg…

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 …

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 lava…

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 eva…

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. History: Effective October, 26, 2004. General Authority: NDCC 50-06-16, 50-31 Law Implemented: NDCC 50-31

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…

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.…

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; 5 d. Have all in…

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 n…

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 whe…

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 inc…

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. Hist…

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 …

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 …

In this chapter, unless the context or subject matter otherwise requires: 1. "Accreditation" means the process of review and acceptance by an accreditation body. 2. "Accreditation body" means a body that has been approved by the administration under title 42, Code of Federal Regu…

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. The division shall deny an applicant's license: a. When it fails to meet the requirements of section 75-09.1-10-02. b. If the applicant has been denied, or has had revoked, the registration, accreditation, or certification required to be an opioid treatment program as set fort…

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 ye…

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) T…

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 …

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 p…

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 progr…

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. Histo…

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, a…

1. Each opioid treatment program shall ensure that its facility: 10 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 ons…

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 sta…

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, a…

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 c…

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 pat…