2013 North Dakota Century Code Title 50 Public Welfare Chapter 50-31 Substance Abuse Treatment Programs
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CHAPTER 50-31
SUBSTANCE ABUSE TREATMENT PROGRAMS
50-31-01. Definitions.
1. "Department" means the department of human services.
2. "Opioid treatment program" means a program through which medication is dispensed
in the treatment of opioid addiction.
50-31-02. License required.
A person, partnership, association, corporation, or limited liability company without a license
may not establish, conduct, or maintain in this state a substance abuse treatment program for
the care of persons addicted to alcohol or other drugs. The department, in accordance with the
laws of this state governing injunctions and other process, may maintain an action in the name
of the state against a person, partnership, association, corporation, or limited liability company
for establishing, conducting, managing, or operating a substance abuse treatment program
without a license.
50-31-03. Application - Contents.
A person, partnership, association, corporation, or limited liability company desiring a
license shall file with the department a verified application containing the name of the applicant,
the type of institution to be operated, the location, the name of the individual or individuals in
charge, and such other information as the department may require.
50-31-04. Inspection and evaluation of licensed premises.
Every licensed substance abuse treatment program shall obtain and provide to the
department a local or state authority certification as to the safety of the premises. The
department shall evaluate every licensed substance abuse treatment program according to the
rules adopted by the department.
50-31-05. Issuance, suspension, and revocation of license.
1. The department is authorized to issue licenses to operate substance abuse treatment
programs, for a period of two years, which are found to comply with the provisions of
this chapter and rules adopted by the department.
2. The department may suspend or revoke a license if a program violates any of the rules
adopted by the department.
3. Before a license may be suspended or revoked, written notice must be given to the
licenseholder. The licenseholder must be furnished with a copy of the notice by
registered mail. If a license is revoked, a new application for a license may be
considered by the department when the conditions upon which the revocation were
based have been corrected and evidence of this fact has been satisfactorily furnished.
A new license may then be granted after proper inspection has been made and the
applicant has complied with all rules adopted by the department. Within thirty days
after service of the written charges, the applicant or licensee may submit to the
department a written request for an administrative hearing as provided in chapter
28-32.
50-31-06. Information confidential.
Information received by the department through inspections of programs under this chapter
is confidential and may not be disclosed except in a proceeding involving the issuance of a
license.
50-31-07. State opioid treatment authority.
The division of mental health and substance abuse services of the department is
designated as the state opioid treatment authority.
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50-31-08. Opioid treatment programs - Licensure required - Rules.
1. To operate in this state, an opioid treatment program must be granted a license from
the department, certification from the United States department of health and human
services substance abuse and mental health services administration, and registration
from the United States department of justice drug enforcement administration.
2. The department may license a substance abuse treatment program to operate an
opioid treatment program in the state. A separate license is required for each location
at which an opioid treatment program is operated under this section.
3. The department shall adopt rules relating to licensing and monitoring opioid treatment
programs, including rules for:
a. Standards for approval and maintenance of license;
b. Assessment of need for an opioid treatment program in the proposed location;
c. Patient eligibility for admission to an opioid treatment program;
d. Treatment standards, including counseling and drug testing requirements; and
e. Measures to prevent the diversion to illegal use of any drug used by a program to
treat an opioid addiction.
4. Each state-licensed opioid treatment program shall submit by electronic means
information regarding each prescription dispensed for a controlled substance to the
state's prescription drug monitoring program, unless specifically exempted by federal
law.
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