Regulation detail

NDAC 75-09.1-03.1

Up to date
Ask Ariadne
SR
NDAC 75-09.1-03.1 changed

NDAC 75-09.1-03.1 Clinically Managed Medium-Intensity Residential Care - Adolescent ASAM Level III.5

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

This North Dakota regulation establishes licensing and operational standards for Clinically Managed Medium-Intensity Residential Care programs at ASAM Level III.5 for adolescents with substance use disorders. It defines the program type, sets provider staffing requirements (24-hour clinical staffing, seven days per week), specifies required program components (individual/group therapy, drug screening, family services, educational programming), and details ASAM-based admission criteria across all six dimensions. Operators must ensure clients meet DSM diagnostic criteria for a substance-related disorder and satisfy each ASAM dimension threshold before admission.

View official source
Regulation text
CHAPTER 75-09.1-03.1
CLINICALLY MANAGED MEDIUM-INTENSITY RESIDENTIAL CARE - 
ADOLESCENT ASAM LEVEL III.5
Section
75-09.1-03.1-01 Definition
75-09.1-03.1-02 Provider Criteria
75-09.1-03.1-03 Program Criteria
75-09.1-03.1-04 Admission Criteria
75-09.1-03.1-01. Definition.
As used in this chapter, "clinically managed medium -intensity residential care" means a substance 
abuse treatment program that offers continuous observation, monitoring, and treatment by allied 
professional staff of individuals with significant psychological and social problems who are not 
sufficiently stable to benefit from outpatient treatment no matter how intensive. Such programs include 
therapeutic group homes, therapeutic communities, psychosocial model rehabilitation centers, or 
extended residential rehabilitation programs. A clinically managed medium -intensity residential care 
program should not treat a client who exhibits 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 level III.5 that requires the availability of twenty -four-hour medical or 
nursing interventions. Clinically managed medium -intensity residential care programs must provide 
relatively extended, subacute treatments that aim to effect fundamental personal change for the 
adolescent who has significant social and psychological problems and the goals and modalities of 
treatment focus not only on the adolescent's substance use but also a holistic view that takes into 
account the client's behavior, emotions, attitudes, values, learning, family, culture, lifestyle, and overall 
health. A clinically managed medium-intensity residential care program is particularly suitable for 
treatment of entrenched patterns of maladaptive behavior, extremes of temperament, and development 
or cognitive abnormalities related to mental health symptoms or disorders.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
75-09.1-03.1-02. Provider criteria.
A clinically managed medium-intensity residential care program shall:
1. Offer onsite twenty -four-hour-a-day clinical staffing by licensed counselors, other clinicians, 
and other allied health professionals such as counselor aides;
2. Make available specialized professional consultation; and
3. Offer the residential program no less than seven days per week with the length of stay to be 
determined by a client's condition and functioning.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
75-09.1-03.1-03. Program criteria.
A clinically managed medium-intensity residential care program shall include:
1
1. Daily clinical services including 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 a 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 and community;
4. Random client drug screening to shape behavior and reinforcement treatment gains as 
appropriate to a 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 and caregiver treatment services as deemed appropriate by an assessment and 
treatment plan;
7. Educational, vocational, and informational programming adaptive to individual client needs; 
and
8. Onsite staff provided or contracted onsite or offsite accredited educational services if a client 
is in school; general educational development preparation if the client does not possess a high 
school diploma and is no longer in school; or short -term educational services linked to home 
school designed to maintain current learning. 
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
75-09.1-03.1-04. Admission criteria.
Before a clinically managed medium -intensity residential care program may admit a client, the 
client must:
1. Meet diagnostic criteria for a substance-related disorder of the DSM; and
2. Meet admission criteria for clinically managed medium-intensity residential services also 
known as ASAM level III.5 in each of the six ASAM dimensions. Specifically, the client:
a. Is at risk of or is experiencing subacute intoxication or withdrawal with mild to moderate 
symptoms and needs containment and increased treatment intensity without frequent 
access to medical or nursing services to support engagement in treatment, ability to 
tolerate withdrawal, and prevention of immediate continued use; 
b. Does not have a physical condition or complication impacting immediate safety and 
well-being, requiring twenty -four- hour medical or nursing interventions but biomedical 
conditions distract from recovery efforts and require residential supervision or continued 
substance use would place a the client at risk for serious damage to physical health 
because of a co-occurring biomedical condition and the resident is capable of 
self-administering any prescribed medications;
c. Does not have an emotional, behavioral, or cognitive condition or complication impacting 
immediate safety or well -being requiring twenty -four-hour medical or nursing 
interventions unless in a dual diagnosis program but does have problems in the areas of 
2
dangerousness or lethality; interference with addiction recovery efforts; social functioning; 
ability for self-care; or course of illness;
d. Has 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; the client 
requires a structured therapy and a twenty -four-hour programmatic milieu to promote 
treatment progress and recovery; or the client requires repeated, structured motivational 
interventions delivered in a twenty-four-hour milieu; 
e. Has a readiness to change but issues in other dimensions impair the ability to translate 
this into treatment progress and recovery;
f. Has 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; 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; or
g. Has a chaotic home 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; living with a family or other household member who is a regular user, 
abuser, or dealer of alcohol or other drugs; neglect or lack of supervision; the inability to 
cope, even for 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 to a less -intensive 
setting.
History: Effective October 26, 2004.
General Authority: NDCC 50-06-16, 50-31
Law Implemented: NDCC 50-31
3