N.D. Admin. Code 75-03-17-02

Current through Supplement No. 394, October, 2024

Section 75-03-17-02 - Procedures for licensing

1.Application. An application for license or for renewal as a facility must be submitted to the department. The department shall determine the suitability of the applicant for licensure under this chapter. The application must contain any materials the department may require, including:

a. A comprehensive list and description of the program plan which includes:

(1) A plan demonstrating compliance with this chapter;

(2) A copy of current accreditation certification, accreditation letter, and findings report;

(3) The facility's organizational chart;

(4) The treatment modalities offered, including milieu therapy, family therapy, psychopharmacology, and psychotherapy;

(5) Prohibited treatment modalities; and

(6) The services provided directly by the facility and those provided by other community resources, including special education as required by law and contracted services.

b. A copy of all policies and procedures as required by this chapter with a detailed plan for their implementation.

c. A list of licensed professionals employed or to be employed by or contracting with the facility.

2.License contents. The license to operate a psychiatric residential treatment facility for children must specify:

a. The name of the licensee;

b. The premises for which the license is applicable;

c. The number of children who may reside at the facility at any one time;

d. The date of expiration of the license;

e. The facility license number; and

f. The name of the accreditation body.

3.Initial license and license renewal.

a. An initial license for a new facility is in effect for one year. Subsequent licenses shall be renewed at least once every two years, either through a full onsite license review or the facility may receive deemed status, at the discretion of the department.

b. The license is valid only on the premises indicated and is not transferable.

c. License renewals are based on the outcomes of the department's licensure reviews, the facility's ongoing compliance with the licensure rules set forth in this chapter, and the facility's accreditation standings. The facility must list the department as a confidential inquiry for the accrediting body on their accreditation intent to survey prior to each accreditation review. If the accrediting body determines a facility to not be in good standing, the facility shall report that determination to the department within five working days after the facility has learned of that determination.

d. A facility shall submit a license renewal application on a form required by the department to the department licensor fifteen days prior to the date the department has notified the facility will be the date the facility's licensure review will begin.

4.Provisional license. The department may issue a provisional license, effective for up to ninety days, to a facility that has failed to comply with any of the standards of this chapter or with any other state law or regulation, compliance with which is required for licensure. The facility will have thirty days from the issuance of the provisional license to submit a written plan of correction for the department's review and approval. The department may perform an onsite followup visit to assure that the standards have been met by the facility.

a. The department may renew a provisional license if the licensee demonstrates to the department that it has made progress towards compliance and can be fully compliant within the next ninety days. A provisional license may be renewed but may not exceed one hundred eighty consecutive days.

b. When a facility operating under a provisional license notifies the department that it has corrected its deficiencies, the department must ascertain whether all deficiencies have been corrected. Upon finding compliance and sustainability, the department shall issue an unrestricted license for the balance of the licensing period.

c. The department may apply restrictions to a provisional license to limit the number of children in residence or the ages of the children in residence while the provisional license is in effect.

5.License display. A facility shall display its license in a conspicuous place within the facility.

6.Notice of change. A facility shall notify the department in writing at least thirty days before any of the following changes occur:

a. Transfer of or change in ownership.

b. Transfer of operating rights, including a lease of the facility where the lessor retains no control of the operation or management of the facility.

c. Change in the name of the facility.

7.Denial and revocation of a license. Failure to comply with any of the standards of this chapter or other state law or regulation is cause for refusal or revocation of a license. Conviction of an offense by an owner or operator of a facility does not disqualify the facility from licensure unless the department determines that the offense has a direct bearing upon an individual's ability to serve the public as an owner or operator of a psychiatric residential treatment facility for children, or that, following conviction of any offense, the individual is not sufficiently rehabilitated under section 12.1-33-02.1.

8.Appeal. An applicant may appeal a license denial or a department decision not to allow an increase or decrease in bed capacity in accordance with North Dakota Century Code chapter 28-32 and North Dakota Administrative Code chapter 75-01-03.

9.License report procedures.

a. Within thirty days of an onsite review of a facility, the department shall send a license report to the facility that was reviewed.

b. A license report must contain a description of the programs and services reviewed, strengths, concerns, recommendations, and conditions.

N.D. Admin Code 75-03-17-02

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

Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

Amended by Administrative Rules Supplement 2022-385, July 2022, effective 7/1/2022.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 25-03.2-10

Law Implemented: NDCC 25-03.2-02, 25-03.2-03,25-03.2-04, 25-03.2-05, 25-03.2-08