N.D. Admin. Code 75-09.1-10-06

Current through Supplement No. 395, January, 2025

Section 75-09.1-10-06 - Subsequent licensing inspection and review

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 term of the license. At the time of inspection, the opioid treatment program must have:

1. Maintained accreditation through an accreditation body;

2. Maintained certification from the administration;

3. Maintained registration with the United States department of justice, drug enforcement administration;

4. Maintained licensure as a substance abuse treatment program under any of the following chapters: 75-09.1-02, 75-09.1-02.1, 75-09.1-03, 75-09.1-03.1, 75-09.1-04, 75-09.1-04.1, 75-09.1-05, 75-09.1-05.1, 75-09.1-06, 75-09.1-06.1, 75-09.1-07, and 75-09.1-07.1;

5. Must not have had any of the following occur without being resolved at a facility under the control of the applicant:

a. The facility's license for a substance abuse treatment program or health care agency denied, revoked, or suspended and was not reinstated without restrictions or limitations;

b. A finding that the facility discriminated against, demonstrated cruelty, abuse, negligence, or misconduct toward, or indifference to the welfare of, a patient;

c. Misappropriation of patient property or resources;

d. Failure to meet financial obligations or contracted service commitments which affected patient care;

e. Noncompliance with state or federal regulations in providing substance abuse treatment;

f. Refusal to allow the division access to records, files, books, or portions of the premises relating to operation of the substance abuse treatment program;

g. Willful interference with the preservation of material information or attempt to impede the work of an authorized department representative;

h. The facility advertised itself as licensed when a license has not been issued, or a license has been suspended or revoked; or

i. Failure to demonstrate the capability to provide the appropriate services to assist patients in meeting goals, including:

(1) Abstinence from opioids and opioid substitutes;

(2) Obtaining mental health treatment;

(3) Improving economic independence; and

(4) Reducing adverse consequences associated with illegal use of controlled substances.

6. Must not have had an owner or administrator of a facility under the control of the applicant:

a. Be convicted of child abuse or be adjudicated as a perpetrator of child abuse;

b. Has obtained or attempted to obtain a health care provider license or substance abuse treatment program license by fraudulent means or misrepresentation;

c. Found guilty of, plead guilty to, or plead no contest to any of the offenses identified in paragraph 1 of subdivision c of subsection 1 of section 75-09.1-01-17;

d. Found to have discriminated against, demonstrated cruelty, abuse, negligence, or misconduct toward, or indifference to the welfare of, a patient;

e. Misappropriate patient property or resources;

f. Fail to meet financial obligations or contracted service commitments in a way that affected patient care;

g. Knowingly, or with reason to know, made a false statement of fact in the application or materials attached to the application;

h. Knowingly, or with reason to know, made a false statement of fact or fail to submit necessary information in any matter under investigation by the division; or

i. Not meet criminal background check requirements.

N.D. Admin Code 75-09.1-10-06

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

General Authority: NDCC 50-31-08

Law Implemented: NDCC 50-31-08