Requirements for opioid treatment program license - Application

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: 75-09.1-02, 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, or 75-09.1-07.1. Chapter 75-09.1-01 applies to this chapter with the following exceptions: a. Section 75-09.1-01-20. Discharge and transfer criteria. b. Section 75-09.1-01-25. Accreditation as a basis for licensing. c. Section 75-09.1-01-26. Sanctions. 2. Prior to applying for a license to operate an opioid treatment program in this state, a prospective opioid treatment program provider shall provide documentation proving the need for an opioid treatment program in the specific area of the state being considered, and shall obtain written approval from the division to pursue licensure. The potential provider's documentation must include an assessment of the following criteria: a. Whether other existing services and facilities of the type proposed are available or accessible to meet the needs of the population proposed to be served. b. The extent to which the underserved need will be met adequately by the proposed program. c. The impact of the service on the ability of low-income persons, racial and ethnic minorities, women, persons with disabilities, the elderly, and other underserved groups to obtain needed health care. 3. If the applicant is applying for licensure for the first time in this state, but operates an opioid treatment program in another state, the applicant shall submit a copy of national and state certification and accreditation documentation, and copies of all survey reports written by national and state certification and accreditation organizations for each site where they have operated an opioid treatment program over the past six years. 4. After receiving approval, the prospective opioid treatment program shall obtain: a. Accreditation by an accreditation body. b. Certification from the United States department of health and human services substance abuse and mental health services administration. An opioid treatment program that has applied to the administration for provisional certification while the opioid treatment program is working towards accreditation with an accrediting body may apply for licensure under this chapter. c. Registration from the United States department of justice, drug enforcement administration, office of diversion control. d. As determined necessary for any physician with the opioid treatment program, a data 2000 waiver for buprenorphine. 5. A potential opioid treatment program shall: a. Submit documentation to the division showing the potential opioid treatment program provider has completed an assessment of need to determine there is a need for the proposed opioid treatment program as required under subsection 2. b. Provide documentation ensuring the location for the new opioid treatment program meets county, tribal, or city land use ordinances. c. Submit a completed community relations plan developed in consultation with the county, city, or tribal authority, or their designees, to minimize the impact of the opioid treatment program on the business and residential neighborhoods in which the program will be located. The plan must include documentation of strategies used to: (1) Obtain community input regarding the proposed location; (2) Address any concerns identified by the community; and (3) Develop an ongoing community relations plan to address new concerns expressed by the community as the concerns arise. d. Submit a copy of the application for registration to the United States department of justice, drug enforcement administration. e. Submit a copy of the application for certification to the center. f. Submit a copy of the application for accreditation by an accreditation body. g. Submit a plan describing reasonable transportation opportunities available to persons in need of treatment in their proposed service area to access the opioid treatment program. h. Submit any additional information required by the division to assure the state and efficient operation of the facility. 6. An opioid treatment program shall enroll as an approved Medicaid provider in this state within ninety days of licensure under these rules.