# Title 75 — Department of Human Services

## Article 75-09.2 — Substance Use Disorder Early Intervention

## Chapter 75-09.2-01 — Alcohol and Drug Early Intervention Program

### § 75-09.2-01-01. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Department" means the North Dakota department of human services.
2. "Division" means the behavioral health division.
3. "Minor in possession program certification" means a certification provided to a provider by the
division to provide an evidence-based alcohol and drug early intervention program for
individuals who violate North Dakota Century Code section 5-01-08.
4. "Provider" means a minor in possession program certified instructor or implementer of an
evidence-based alcohol and drug early intervention program.
5. "Program" means an evidence-based alcohol and drug early intervention program.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-02. Application for minor in possession program certification.

1. Applicants shall submit to the division a signed application and all required information and
documentation for minor in possession program certification in the form and manner
prescribed by the department.
2. The department shall consider an application for minor in possession program certification
complete when it has received all of the required information and documents in accordance
with section 75-09.2-01-04. The division shall notify an applicant if an application is
incomplete.
3. The department may declare an application for minor in possession program certification
withdrawn if an applicant fails to submit all required information and documentation within
thirty days of the department's notification to the applicant the application is incomplete.

History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-03. Minor in possession program certification required.

1. A minor in possession program certification may not be transferred and is valid only for those
providers and programs indicated on the minor in possession program certification.
2. A provider shall make available or display its minor in possession program certification in a
place that is conspicuous to the public.
3. A provider shall be recertified by the division every three years, resubmitting all information
under section 75-09.2-01-04.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-04. Provider criteria.

1. To receive a minor in possession program certification or minor in possession program
recertification, a provider shall submit proof of the following:
a. A bachelor's degree. The requirement of a bachelor's degree may be waived for driving
under the influence seminar instructors licensed under chapter 75-09.1-09 prior to
December 31, 2017;
b. Successfully pass a background check; and
c. Be certified in a department-approved program;
2. If recertifying, a provider shall submit required information in accordance with section
75-09.2-01-08; and
3. Provider's fees must be reasonable.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-05. Background check - Investigation.

1. Each applicant and provider shall disclose to the department if they have been found guilty of,
pled guilty to, or pled no contest to a criminal offense.
2. The applicant and provider shall disclose to the department the type of offense and dates and
location of having been found guilty of, pled guilty to, or pled no contest to a criminal offense.
Such disclosure does not disqualify the applicant or provider, unless having been found guilty
of, pled guilty to, or pled no contest to a crime having direct bearing on the capacity of the
applicant or provider to provide a service under this chapter or the applicant or provider is not
sufficiently rehabilitated.
3. The department may conduct a criminal background check on an applicant or provider.
4. The department shall determine the effect of an applicant or provider having been found guilty
of, pled guilty to, or pled no contest to a criminal offense.

5. The department may investigate and inspect the applicant's or provider's activities, programs,
qualifications, and proposed standards of care.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-06. Criminal conviction - Effect on provider status.

1. An applicant or provider may not be an individual who is known to have been found guilty of,
pled guilty to, or pled no contest to:
a. An offense described in North Dakota Century Code chapters 12.1-16, homicide;
12.1-18, kidnapping; 12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act
on Prevention of and Remedies for Human Trafficking; or in North Dakota Century Code
sections 12.1-17-01, simple assault; 12.1-17-01.1, assault; 12.1-17-02, aggravated
assault; 12.1-17-03, reckless endangerment; 12.1-17-04, terrorizing; 12.1-17-06, criminal
coercion; 12.1-17-07.1, stalking; 12.1-17-12, assault or homicide while fleeing a police
officer; 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous sexual abuse of a
child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption or solicitation of minors;
12.1-20-05.1, luring minors by computer or other electronic means; 12.1-20-06, sexual
abuse of wards; 12.1-20-07, sexual assault; 12.1-21-01, arson; 12.1-22-01, robbery; or
12.1-22-02, burglary, if a class B felony under subdivision b of subsection 2 of that
section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating prostitution;
12.1-31-05, child procurement; 14-09-22, abuse of child; or 14-09-22.1, neglect of child;
or an offense under the laws of another jurisdiction which requires proof of substantially
similar elements as required for conviction under any of the enumerated North Dakota
statutes; or
b. An offense, other than an offense identified in subdivision a, if the department determines
the individual has not been sufficiently rehabilitated.
2. For purposes of subdivision b of subsection 1, an offender's completion of a period of five
years after final discharge or release from any term of probation, parole, or other form of
community correction, or imprisonment, without subsequent conviction, is prima facie
evidence of sufficient rehabilitation.
3. The department has determined the offenses enumerated in subdivision a of subsection 1
have a direct bearing on the individual's ability to serve the public in a capacity involving the
provision of services under this chapter.
4. In the case of a misdemeanor offense described in North Dakota Century Code sections
12.1-17-01, simple assault; 12.1-17-03, reckless endangerment; 12.1-17-06, criminal
coercion; 12.1-17-07.1, stalking; or equivalent conduct in another jurisdiction which requires
proof of substantially similar elements as required for conviction, the department may
determine the individual has been sufficiently rehabilitated if five years have elapsed after final
discharge or release from any term of probation, parole, or other form of community
corrections or imprisonment, without subsequent conviction.
5. An individual is known to have been found guilty of, pled guilty to, or pled no contest to an
offense when it is:
a. Common knowledge in the community;
b. Acknowledged by the individual;
c. Reported to the department as the result of a background check; or

d. Discovered by the department.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-07. Program criteria.

1. The program provided through the minor in possession program certification must be selected
from a list of preapproved evidence-based programs identified by the division.
a. Provider is responsible to become and remain certified or credentialed in selected
preapproved evidence-based programs.
b. Provider must meet all requirements for the selected program.
2. A provider may request an exception to the preapproved list. Exceptions will be reviewed by
the division on a case-by-case basis. The provider shall submit to the division the program
title, sample material, and evidence of effectiveness. The department may deny an exception
granted under this subsection. The decision to deny an exception is not an appealable
decision.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-08. Information management.

Providers shall report annually to the division the following information:
1. Confirmation of program certification;
2. Number of individuals served through the program;
3. Number of repeat individuals served by the program; and
4. The number of classes provided.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-09. Suspension.

The division may suspend a provider's minor in possession program certification at any time after
the onset of an investigation. The department shall post all suspensions and revocations for at least
one year.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
### § 75-09.2-01-10. Program denials and revocations.

1. An applicant's application may be denied if:
a. The applicant fails to comply with section 75-09.2-01-02; or
b. The applicant fails to meet the provider criteria pursuant to section 75-09.2-01-04.

2. A program's minor in possession program certification may be revoked for failure to comply
with sections 75-09.2-01-03, 75-09.2-01-04, 75-09.2-01-07, and 75-09.2-01-08.
History: Effective April 1, 2018.
General Authority: NDCC 50-06-44
Law Implemented: NDCC 5-01-08, 50-06-44
