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NDAC 75-09.1-03

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NDAC 75-09.1-03 Clinically Managed High-Intensity Residential Care - Adult ASAM Level III.5

Jurisdiction: ND Agency: North Dakota Department of Health and Human Services
SUD_RESIDENTIAL (100%)
Plain-English summary

This regulation establishes operating standards for Clinically Managed High-Intensity Residential Care programs at ASAM Level III.5 for adults in North Dakota. It defines the service model (therapeutic community or residential treatment center), sets provider criteria including 24-hour clinical staffing and seven-days-per-week programming, specifies required program components such as individual/group therapy, drug screening, and family services, and details admission criteria across all six ASAM dimensions. Operators must ensure clients meet DSM diagnostic criteria for substance dependence and satisfy each ASAM dimension threshold before admission.

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Regulation text
CHAPTER 75-09.1-03
CLINICALLY MANAGED HIGH-INTENSITY RESIDENTIAL CARE - 
ADULT ASAM LEVEL III.5
Section
75-09.1-03-01 Definitions
75-09.1-03-02 Provider Criteria
75-09.1-03-03 Program Criteria
75-09.1-03-04 Admission Criteria
75-09.1-03-01. Definitions.
As used in this chapter:
1. "Clinically managed high -intensity residential services" means a therapeutic community or 
residential treatment center that offers continuous observation, monitoring, and treatment by 
allied professional staff designed to treat clients who are not sufficiently stable to benefit from 
outpatient treatment no matter how intensive and who have significant psychological and 
social problems. A clinically managed high -intensity residential services program does not 
treat clients that exhibit acute intoxication or withdrawal problems also known as ASAM 
dimension one; biomedical conditions and complications also known as ASAM dimension two; 
or emotional, behavioral or cognitive problems also known as ASAM dimension three unless in 
a dual diagnosis program also known as ASAM level III.5 which requires the availability of 
twenty-four-hour medical or nursing interventions.
2. "Therapeutic community" means a treatment program characterized by reliance on the 
treatment community as a therapeutic change agent in which the goals of treatment are 
abstinence from substance use and antisocial behavior and affecting a global change in a 
client's lifestyles, attitudes, and values. The defining characteristics of such a client are found 
in emotional, behavioral, and cognitive conditions also known as ASAM dimension three and 
in the recovery environment also known as ASAM dimension six. For some clients, treatment 
must be considered habilitative rather than rehabilitative which addresses a client's 
educational and vocational deficits as well as socially dysfunctional behavior.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
75-09.1-03-02. Provider criteria.
A clinically managed high-intensity residential care program shall include:
1. Onsite, twenty-four hour per day clinical staffing by licensed counselors, other clinicians, and 
other allied health professionals such as counselor aides;
2. Specialized professional consultation; and
3. A residential program offered no less than seven days per week with the length of stay to be 
determined by the client's condition and functioning.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
75-09.1-03-03. Program criteria.
A clinically managed high-intensity residential care program shall include:
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1. Daily clinical services which include a range of cognitive, behavioral, and other therapies in 
individual or group therapy and psychoeducation as deemed appropriate by an assessment 
and treatment plan;
2. Motivational enhancement and engagement strategies appropriate to the client's stage of 
readiness to change;
3. Counseling and clinical interventions to teach a client the skills needed for daily productive 
activity, prosocial behavior, and reintegration into family or community;
4. Random client drug screening to shape behavior and reinforce treatment gains as appropriate 
to the client's individual treatment plan;
5. A system for referral of a client for identified treatment needs if the service is not available in 
the program;
6. Family treatment services as deemed appropriate by an assessment and treatment plan; and
7. Educational, vocational, and informational programming adapted to individual client needs.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
75-09.1-03-04. Admission criteria.
Before a clinically managed high -intensity residential care program may admit a client, the client 
shall:
1. Meet diagnostic criteria for a substance dependence disorder of the DSM; and
2. Meet admission criteria for clinically managed high-intensity residential services also known as 
ASAM level III.5 in each of the six ASAM dimensions. Specifically, the client must:
a. Not be in need of detoxification from alcohol or drugs or have no signs or symptoms of 
withdrawal or withdrawal needs can be safely managed by the program;
b. Not have a physical condition or complication impacting immediate safety and well -being 
or requiring twenty-four-hour medical or nursing interventions and be capable of 
self-administering any prescribed medications; 
c. Not have an emotional, behavioral, or cognitive condition or complication impacting 
immediate safety and well-being or requiring twenty-four-hour medical or nursing 
interventions unless the client is in a dual diagnosis program but may require a 
residential program because of sufficiently severe functional deficits to maintain 
abstinence or mental stability or both;
d. Have a low readiness to change as evidenced by a lack of awareness of the need for 
treatment characterized by active or passive resistance to treatment; marked difficulty 
understanding the relationship between the substance use and life problems; require a 
structured therapy and a twenty -four-hour programmatic milieu to promote treatment 
progress and recovery; or require repeated, structured motivational interventions 
delivered in a twenty-four-hour milieu;
e. Have a higher readiness to change but issues in other dimensions impair the client's 
ability to translate this into treatment progress and recovery; 
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f. Have a high relapse, continued use, or continued problem potential as evidenced by the 
lack of recognition of relapse triggers or the lack of commitment to continuing care or 
both; the inability to control use of alcohol or other drugs or antisocial behavior with the 
attendant probability of harm to self or others; symptoms such as drug craving, difficulty 
postponing immediate gratification and other drug-seeking behaviors; or imminent 
danger of relapse with dangerous emotional, behavioral, or cognitive consequences 
because of a crisis situation; and
g. Have a problematic recovery environment that makes recovery goals assessed as 
unachievable at a less intensive level of care as evidenced by a moderately high risk of 
physical, sexual, or emotional abuse; substance use so endemic that the client is 
assessed as unable to achieve or maintain recovery; a social network of regular users of 
alcohol or other drugs; a social network characterized by significant withdrawal and 
social isolation; living with an individual who is a regular user, abuser, or dealer of alcohol 
and other drugs; the inability to cope for even limited periods of time outside of 
twenty-four-hour care; a living environment characterized by criminal behavior, 
victimization, and other antisocial norms and values; or the need for staff monitoring 
before safe transfer of the client to a less intensive setting.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
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