Section 75-04-01-03.1 - [Effective 1/1/2025] Types of licensesA license issued pursuant to North Dakota Century Code chapter 25-16 and this chapter must be identified as a provisional, unrestricted, or restricted license.
1. A "provisional license" may be issued to an applicant who complies with the rules of the department, North Dakota Century Code chapters 25-01.2 and 25-16, and who has engaged in obtaining accreditation. The licensee shall obtain accreditation by the expiration of the provisional license. A provisional license may be extended for an additional six months only upon the department's determination the licensee has made significant progress toward obtaining accreditation.2. An "unrestricted license" may be issued to an applicant who complies with the rules of the department and North Dakota Century Code chapters 25-01.2 and 25-16, and who is accredited.3. A "restricted license" may be issued to a licensee upon a finding of noncompliance with the rules of the department and North Dakota Century Code chapters 25-01.2 and 25-16. a. The department may not issue a restricted license to a licensee whose practices or facilities pose a clear and present danger to the health and safety of eligible individuals.b. The department may issue a restricted license for any or all services provided, or facilities operated by the licensee.c. Upon a finding that the licensee is not in compliance, the department shall notify the licensee, in writing, of its intent to issue a restricted license. The notice must provide the reasons for the action, the specific services that are affected by the restricted license, and describe the corrective actions required of the licensee.d. The licensee shall, within ten days of the receipt of notice under subdivision c, 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 certain of compliance. The department may accept, modify, or reject the licensee's plan of correction and shall notify the licensees of its decision within thirty days. If the plan of correction is not submitted or it is rejected, the department shall notify the licensee the license has been revoked. The department may conduct periodic inspection of the facilities and operations of the licensee to evaluate the implementation of the plan of correction.e. The department shall terminate a restricted license and issue an unrestricted license to the licensee upon successful completion of an accepted plan of correction.f. A restricted license may be extended for an additional six months upon the department's determination the licensee has made significant progress toward meeting the standards identified in the plan of correction or the licensee has shown good cause for failure to implement the plan of correction.N.D. Admin Code 75-04-01-03.1
Adopted by Administrative Rules Supplement 2024-395, January 2025, effective 1/1/2025.General Authority: NDCC 25-01.2-18, 25-16-06, 50-06-16
Law Implemented: NDCC 25-01.2-18, 25-16-02, 25-16-03