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NDAC 75-05-03

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NDAC 75-05-03 Clinical Services

Jurisdiction: ND Agency: North Dakota Department of Health and Human Services
CMHC (100%) CRISIS_STABILIZATION (80%) MH_RESIDENTIAL (80%) OUTPATIENT (100%)
Plain-English summary

This chapter establishes clinical service standards for North Dakota Human Service Centers, covering outpatient mental health and substance use services, 24-hour emergency/crisis services, extended care services (including SMI group care, semi-independent living, crisis residential, case management, and recovery centers), medication management, psychiatric and psychological services, community consultation, regional intervention, and addiction programming. Operators must maintain written policies, document all consumer contacts and treatment, ensure psychiatric services are available at least 160 hours per month, and coordinate care across community resources. The chapter governs the full range of clinical services that Human Service Centers must provide or arrange, including both mental health and substance use disorder services.

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Regulation text
CHAPTER 75-05-03
CLINICAL SERVICES
Section
75-05-03-01 Outpatient Services
75-05-03-02 Emergency Services
75-05-03-03 Extended Care Services
75-05-03-04 Medications
75-05-03-05 Psychiatric Services
75-05-03-06 Community Consultation and Education
75-05-03-07 Psychological Services
75-05-03-08 Regional Intervention Services
75-05-03-09 Substance Use and Other Addictive Disorders
75-05-03-01. Outpatient services.
Outpatient services. An outpatient service is an organized, nonresidential service or an office 
practice which provides professionally directed aftercare, individual, group, and other services to 
consumers.
1. Each human service center shall offer a range of outpatient services to consumers based on 
consumers' needs regarding emotional, social, and behavioral problems. These outpatient 
services include services provided or arranged for:
a. Individual counseling; 
b. Group counseling;
c. Family counseling;
d. Psychological and psychometric evaluations of testing; and
e. Psychiatric assessments.
2. Each human service center shall define and provide general outpatient services to vulnerable 
children, adolescents, adults, elderly, and families who are experiencing psychosocial, 
psychiatric, or substance use issues, including any combination of those issues. 
3. Each human service center shall develop written program descriptions of each program 
provided by the center.
4. Outpatient services must be available to consumers during the day and on designated 
evenings or weekends.
5. All significant consumer contacts and treatment provided must be documented in the 
consumer's record.
6. With the consumer's permission, acute treatment outpatient services must be coordinated with 
other private and public agencies. 
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
January 1, 2009; July 1, 2020.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-02. Emergency services.
An "emergency service" is a service that is available at all times to handle crisis situations.
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1. The human service center shall maintain or contract for a twenty-four-hour emergency service. 
Telephone or face-to-face contact must be part of the service. All contacts must be 
documented. 
2. Emergency service personnel must be trained to handle crisis situations. Training must 
include suicide intervention; violent behavior of consumers; and crisis telephone calls. The 
human service center shall document training in each employee's personnel file.
3. Face-to-face crisis counseling must be provided in an environment conducive to treatment and 
control of the consumer in the event of suicidal or violent behavior.
4. A complete list of community resources must be available to emergency service personnel 
and updated by the human service center on an annual basis.
5. An individual receiving emergency services must be given information concerning available 
resources and treatment services. 
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
January 1, 2009.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-03. Extended care services.
1. Community residential services.
a. The regional director shall designate a community living supervisor to supervise the 
community residential services.
b. The human service center shall provide or contract for at least two of the following 
services: 
(1) SMI group care.
(a) SMI group care facilities must:
[1] House no more than sixteen consumers;
[2] Have the ability to house both male and female consumers while 
accommodating privacy for individuals;
[3] Provide at least one full bathroom, consisting of at least a sink, toilet, and 
shower, for every four consumers;
[4] Have bedrooms which are outside rooms with a window that is in good 
working order and may operate as a secondary exit from the room, 
accommodate one or two consumers, provide each consumer with a bed 
appropriate for the consumer's size and weight, with a clean and 
comfortable mattress, bedding appropriate for weather and climate, and 
provide other appropriate bedroom furniture;
[5] Comply with the provisions of the chapter governing lodging or rooming 
houses as outlined in the most recent edition of the national fire protection 
association's life safety code; and
[6] Have an annual fire and safety inspection by the state or local fire 
marshal's office or other accepted local authority.
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(b) The staff of the SMI group care facility shall:
[1] Assure that the consumer's individual plan includes input from the 
community home counselors and the residential treatment team. 
[2] Maintain an inventory of the consumer's personal belongings when the 
consumer enters the SMI group care facility. 
(c) A brochure of consumers' rights according to section 75 -05-01-10 must be 
given to all new residents of the SMI group care facility upon admission and 
explained in terms the resident can understand.
(2) Semi-independent living arrangement. A semi-independent living arrangement is 
one which, through the use of intensive, in-home support services, gives a 
consumer the ability to reside in the consumer's own home.
(a) The human service center shall develop policies and procedures which 
facilitate conformance with all local building and fire safety codes to encourage 
that safe and sanitary conditions are maintained.
(b) Human service center staff shall develop policies and procedures to ensure 
that semi -independent living services are being provided in the consumer's 
residence.
(c) An evaluation of the consumer's progress in semi -independent living services 
must be documented in the consumer's record on at least a monthly basis or in 
response to a significant event that has an impact on life domains. 
(3) Crisis residential services.
(a) Human service center staff shall develop policies and procedures to assure 
that safe and effective crisis residential services are provided.
(b) Human service center staff shall document the consumer's progress, or lack 
thereof, on a daily basis.
2. Work skills development.
a. The human service center shall either provide or contract for:
(1) Methods to assess the abilities of adults diagnosed with serious mental illness as 
related to employment;
(2) Prevocational skills development and training;
(3) Job exploration; and
(4) Followup. 
b. The human service center shall document the consumer's progress in work skills 
development at least monthly.
3. Case management and aftercare services for an adult diagnosed with serious mental illness. 
a. Case management services must be available to adults diagnosed with serious mental 
illness and a functional impairment. 
b. Case management for an adult diagnosed with serious mental illness must be identified 
on the consumer's individual plan and must be documented in the progress notes.
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c. Aftercare services must be available to all adults diagnosed with serious mental illness in 
a treatment or correctional facility who are returning to the community after discharge. 
The regional director shall designate one or more staff members to provide aftercare 
services. Services must include the following activities, pursuant to appropriately signed 
releases and adherence to applicable privacy provisions:
(1) Regular visits or communication by aftercare staff with the treatment facility to 
monitor progress of those consumers who are admitted to the facility from the 
human service center's service area.
(2) Regular visits or communication by aftercare staff with the correctional facility when 
contacted by the facility regarding a consumer's pending release to monitor 
progress of those consumers who are admitted to the facility from the human 
service center's service area.
(3) Attendance by aftercare staff at meetings established for the purpose of improving 
communication and coordination between the treatment or correctional facility and 
the regional human service center.
(4) Provision of knowledge and communicating by aftercare staff to other regional 
human service center staff regarding treatment or correctional facility admission and 
discharge procedures.
d. The human service center, through case management services, shall ensure that 
extended services are provided for an adult diagnosed with serious mental illness who 
has completed the training and stabilization components of the supported employment 
program and continues to require ongoing support services to maintain competitive 
employment.
e. If individual plans dictate, case management services must provide or arrange for daily 
living skills training in the community.
4. Recovery centers.
a. The human service center shall provide or contract for the operation of a recovery center. 
b. The recovery center shall provide services that support adults diagnosed with serious 
mental illness in their recovery by providing opportunities for learning appropriate 
socialization and leisure or recreational skills through social and recreational milieu, 
information and referral, and community awareness activities.
c. The recovery center must be open a minimum of forty hours per week. The hours of 
operation for the recovery center must be determined with member participation during a 
regularly held and announced membership meeting. Documentation of the meeting, 
including a compilation of consumer comments and votes, must be maintained by the 
recovery center and be open for review. 
d. The recovery center shall employ a full -time director and part -time staff sufficient to 
provide services.
e. The recovery center must have a mechanism for member participation in policy 
formation. The recovery center shall maintain documentation of this participation and the 
documentation must be open for review.
f. The recovery center shall develop a calendar of events seven to ten days in advance 
which must be made available to the membership and the regional human service center.
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g. The regional director shall appoint a human service center staff member as a liaison 
between the human service center and the recovery center.
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
March 1, 1997; August 1, 1997; January 1, 2009; July 1, 2020.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-04. Medications.
1. The human service center must have written policies and procedures designed to ensure that 
all medications, including those medications administered or supervised by contracted 
providers, are administered safely and properly in accordance with state laws.
2. Medication orders must be written only by a physician or other professional licensed by law 
and permitted by license to write medication orders and who is in direct care and treatment of 
consumers.
3. All medications, including those prescribed by a prescribing professional employed by the 
human service center, prescribed by non -human service center prescribing professionals, or 
those taken over the counter must be recorded in the consumer's record at admission and 
reviewed at each psychiatric appointment, and any changes must be documented in the 
record.
4. When medications are prescribed by a prescribing professional and administered by human 
service center staff who are certified or licensed to administer medications, the prescribing 
professional's orders must be signed and a record of the administration of the medications 
must be kept.
5. There must be a system of checking to detect unhealthy side effects or toxic reactions of 
medications administered to a consumer.
6. Medication storage areas must be well -lighted, safely secured, and maintained in accordance 
with the security requirements of federal, state, and local laws. Only those individuals certified 
or licensed to administer medications may have access to medication storage areas.
7. The human service center staff shall inform each consumer who receives medications 
prescribed at a human service center or shall inform a consumer's family, custodian, or 
guardian, as appropriate, of the benefits, risks, side effects, and consequences of medication 
noncompliance. At a minimum, the prescribing professional prescribing the medication shall 
record that this information was provided. A consumer's signed informed consent statement is 
acceptable in addition to the record, but not in lieu of the record. The record must include:
a. An entry documenting that a discussion regarding medications prescribed has occurred.
b. Documentation that a specific discussion of tardive dyskinesia has occurred, if that is a 
potential side effect of any prescribed antipsychotic medication.
8. An assessment instrument used to detect signs of tardive dyskinesia must be administered 
every six months or sooner if medically indicated to all consumers on antipsychotic 
medications for which tardive dyskinesia is a potential side effect. Documentation of the 
results must be entered into the consumer record. Each human service center must have a 
mechanism for tracking when the assessment is due for each consumer. 
9. Each human service center must have written policies and procedures for any supported 
medication program performed at the center or performed under a contract for services. A 
supported medication program includes filling pill boxes, supervising medication, or other 
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self-administered medication programs. Documentation in the consumer's record will show 
education and training provided to a consumer to move or to attempt to move the patient 
toward medication independence. 
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
January 1, 2009.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-05. Psychiatric services.
1. The regional director shall employ or contract with a psychiatrist to be the medical director. 
The medical director shall provide consultation, treatment, and psychiatric evaluations for 
consumers at the human service center and shall provide input in program planning and 
development of services. 
2. Psychiatric services must be available at a minimum of one hundred sixty hours per month. 
This includes psychiatrist, clinical nurse specialist, and nurse practitioner time combined. 
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
January 1, 2009.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-06. Community consultation and education.
The human service center shall:
1. Provide information to the general public and local agencies regarding center services. 
2. Inform consumers and agencies about center services and how to access those services.
3. Respond to requests for educational presentations and inservice training for public and private 
agencies, as staff time allows, or refer the requests to other community resources.
4. Provide technical assistance to communities in assessing mental health needs and service 
options.
5. Document the number of hours, consumers, and type of activity spent on community 
consultation and education.
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
January 1, 2009.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-07. Psychological services.
1. The regional director shall employ or contract with one or more psychologists who meet the 
requirements of North Dakota Century Code chapter 43-32.
2. Psychological services include psychological evaluations, psychometric testing, psychological 
consultations, and psychotherapy services.
History: Effective November 1, 1987; amended effective December 1, 1991; February 1, 1996; 
January 1, 2009.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
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75-05-03-08. Regional intervention service.
1. The regional director shall designate staff to coordinate, administer, and supervise the regional 
intervention service.
2. The regional intervention service must refer consumers to appropriate community-based 
treatment in lieu of state hospital admission, when available.
History: Effective December 1, 1991; amended effective February 1, 1996; January 1, 2009.
General Authority: NDCC 50-06-05.2
Law Implemented: NDCC 50-06-05.2
75-05-03-09. Substance use and other addictive disorders.
The human service center must have an addiction program which meets the requirements of 
articles 75-05 and 75-09.1.
History: Effective January 1, 2009; amended effective July 1, 2020.
General Authority: NDCC 50-31
Law Implemented: NDCC 50-31
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