# Title 50 — Public Welfare

## Chapter 50-31 — Substance Abuse Treatment Programs

### § 50-31-01. Definitions.

1. "Department" means the department of health and human services.
2. "Medication unit" means a facility established as part of, but geographically separate
from, an opioid treatment program, from which a licensed practitioner dispenses or
administers an opioid treatment medication or collects samples for drug testing or
analysis.
3. "Opioid treatment program" means a program through which medication is dispensed
in the treatment of opioid addiction.
### § 50-31-02. License required.

A person, partnership, association, corporation, or limited liability company without a license
may not establish, conduct, or maintain in this state a substance use disorder treatment
program for the care of persons addicted to alcohol or other drugs. The department, in
accordance with the laws of this state governing injunctions and other process, may maintain an
action in the name of the state against a person, partnership, association, corporation, or limited
liability company for establishing, conducting, managing, or operating a substance use disorder
treatment program without a license.
### § 50-31-03. Application - Contents.

A person, partnership, association, corporation, or limited liability company desiring a
license shall file with the department a verified application containing the name of the applicant,
the type of institution to be operated, the location, the name of the individual or individuals in
charge, and such other information as the department may require.
### § 50-31-03.1. Fees - Rules.

An applicant for licensure under this chapter shall submit a one hundred fifty dollar
nonrefundable fee with the application. The department shall adopt rules as necessary to
implement this section. All fees collected under this section must be paid to the department and
must be used to defray the cost of administering and enforcing this chapter.
### § 50-31-04. Inspection and evaluation of licensed premises.

Every licensed substance use disorder treatment program shall obtain and provide to the
department a local or state authority certification as to the safety of the premises. The
department shall evaluate every licensed substance use disorder treatment program according
to the rules adopted by the department.
### § 50-31-05. Issuance, suspension, and revocation of license.

1. The department may issue licenses to operate substance use disorder treatment
programs, for a period of three years, which are found to comply with the provisions of
this chapter and rules adopted by the department.
2. The department may suspend or revoke a license if a program violates any of the rules
adopted by the department.
3. Before a license may be suspended or revoked, written notice by registered mail,
personal delivery, or electronic mail must be given to the licenseholder. The
licenseholder must be furnished with a copy of the notice by registered mail or
personal delivery. If a license is revoked, a new application for a license may be
considered by the department when the conditions upon which the revocation were
based have been corrected and evidence of this fact has been satisfactorily furnished.
A new license may then be granted after proper inspection has been made and the
applicant has complied with all rules adopted by the department. Within thirty days
after service of the written charges, the applicant or licensee may submit to the

department a written request for an administrative hearing as provided in chapter
28-32.
### § 50-31-06. Information confidential.

Client records and client information that are protected under title 42, Code of Federal
Regulations, part 2, the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-
191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.], or are specifically excluded from disclosure by
other state or federal law, and which are received by the department under this chapter are
confidential. As used in this section, client records and client information does not include
statistical program information or information regarding an applicant's or provider's programs.
### § 50-31-07. State opioid treatment authority.

The behavioral health division of the department is designated as the state opioid treatment
authority.
### § 50-31-08. Opioid treatment programs - Licensure required - Rules.

1. To operate in this state, an opioid treatment program must be granted a license from
the department, certification from the United States department of health and human
services substance abuse and mental health services administration, and registration
from the United States department of justice drug enforcement administration.
2. The department may license a substance use disorder treatment program to operate
an opioid treatment program in the state. A separate license is required for each
location at which an opioid treatment program is operated under this section.
3. The department shall adopt rules relating to licensing and monitoring opioid treatment
programs, including rules for:
a. Standards for approval and maintenance of license;
b. Assessment of need for an opioid treatment program in the proposed location;
c. Patient eligibility for admission to an opioid treatment program;
d. Treatment standards, including counseling and drug testing requirements; and
e. Measures to prevent the diversion to illegal use of any drug used by a program to
treat an opioid addiction.
4. Each state-licensed opioid treatment program shall submit by electronic means
information regarding each prescription dispensed for a controlled substance to the
state's prescription drug monitoring program, unless specifically exempted by federal
law.
### § 50-31-09. Opioid treatment medication unit - Licensure required - Rules.

1. A medication unit may not operate in this state, unless the unit operates under the
license of an opioid treatment program and holds:
a. A separate registration from the United States department of justice drug
enforcement administration; and
b. A medication unit license under the department.
2. The department may license a medication unit. A separate license is required for each
location at which a medication unit is operated under this section.
3. The department shall adopt rules relating to licensing and monitoring a medication
unit, including rules for:
a. Standards for approval and maintenance of licensure;
b. Assessment of need for a medication unit in the proposed location, including
community engagement; and
c. Standards of patient care.
