Current through Supplement No. 394, October, 2024
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.
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
