Section 75-03-21.1-07 - Provisional license1. An applicant may submit an application, on a form provided, for a provisional license, permitting the provision of a new provider agency. a. A provisional license may be issued to an applicant who complies with the rules and regulations of the department and North Dakota Century Code chapter 50-11 and who has the initial level of accreditation by the council on quality and leadership for services for individuals with disabilities in accordance with 2015 third edition of the Basic Assurances tool, including all factors and indicators.b. A provisional license issued under this subsection may be renewed for an additional six months only upon the department's determination the agency has made significant progress toward full accreditation by the council of quality and leadership for services for individuals with disabilities in accordance with 2015 third edition of the Basic Assurances tool, including all factors and indicators, as determined by the department.c. The department shall terminate a provisional license and issue an unrestricted license to the agency upon full accreditation by the council of quality and leadership for services for individuals with disabilities in accordance with 2015 third edition of the Basic Assurances tool, including all factors and indicators, as determined by the department. d. The department shall issue a notice of denial or revocation of a provisional license in accordance with North Dakota Century Code section 50-11-08.e. Notice of a denial or revocation of a provisional license may be appealed in the same manner as a notice of denial or revocation of a license.2. A provisional license may be issued to an agency with an acceptable plan of correction notwithstanding a finding of noncompliance with the rules and regulations of the department and North Dakota Century code chapter 50-11.a. A provisional license may not be issued to an agency whose practices or facilities pose a clear and present danger to resident health and safety, including fire safety requirements as evidenced in writing by the state fire marshal, negligent or intentional misrepresentations to the department regarding any aspect of the agency's operations, or any violation that places a resident's life in danger.b. A provisional license may be issued for any or all services provided, or facilities operated by an agency, as determined by the department.c. Upon a finding that the agency is not in compliance, the department shall notify the agency, in writing, of its intent to issue a provisional license. The notice must provide the reasons for the action, the specific statute or rule violated, the specific services that are affected by the provisional license, specify the time allowed for correction, and describe the corrective actions required of the agency.d. The agency, within ten days of the receipt of notice under subdivision c, shall submit to the department, on a form provided, a plan of correction. The plan of correction must include the elements of noncompliance, a description of the corrective action to be undertaken, and a date of compliance. The department may accept, modify, or reject the agency's plan of correction and shall notify the agency of the department's decision within thirty days. If the plan of correction is rejected, the department shall notify the agency that the license is being revoked in accordance with North Dakota Century Code section 50-11-08. The department may conduct periodic inspections of the facilities and operations of the agency to evaluate the implementation of a plan of correction.e. The department shall terminate a provisional license and issue an unrestricted license to the agency upon successful completion of an accepted plan of correction, as determined by the department.f. A provisional license issued under this subsection may be issued for any period not exceeding one year. A provisional license may be renewed for an additional six months only upon the department's determination the agency has made significant progress toward meeting the rules and regulations of the department and North Dakota Century Code chapter 50-11, as identified in the plan of correction or the agency has shown good cause for failure to implement the plan of correction. A provisional license is nontransferable and valid only for the facilities or services identified thereon.N.D. Admin Code 75-03-21.1-07
Adopted byAdministrative Rules Supplement 375, January 2020, effective1/1/2020General Authority: NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03