75-03-44-12. Staffing.

1. The certified clinic shall complete and document a community needs assessment in the manner prescribed by the department and shall complete and document a staffing plan that is responsive to the community needs assessment no less frequently than once every three years.

2. The certified clinic director shall maintain a fully staffed management team as appropriate for the size and needs of the clinic, as determined by the current community needs assessment and staffing plan. The management team must include, at a minimum, a director, clinical director, and a psychiatrist as medical director, except as provided under subsection 3. The medical director does not need to be a full-time staff member of the certified clinic.

3. If a certified clinic is unable, after reasonable efforts, to employ or contract with a psychiatrist as medical director, a certified clinic may employ as the medical director a medically trained behavioral health care professional who can prescribe and manage medications independently and who has the appropriate education, licensure, and experience in psychopharmacology.

4. If a certified clinic is unable to hire a psychiatrist and hires another prescriber instead, a certified clinic shall obtain psychiatric consultation regarding behavioral health clinical service delivery, quality of the medical component of care, and integration and coordination of behavioral health and primary care.

5. The certified clinic shall ensure that clinical and nonclinical staff are appropriate in size and composition: a. For the population receiving services, as determined by the community needs assessment; b. To provide the types of services required by this chapter and as informed by the community needs assessment; c. To address the needs of individuals at the certified community behavioral health clinic, as reflected in the individuals' treatment plans, and as required by this chapter; and

d. By supplementing its core staff as necessary to meet needs identified in the community needs assessment and staffing plan.

6. The certified clinic shall maintain a core workforce informed by the community needs assessment and staffing plan, which is comprised of staff and contracted staff, including:

a. A medically trained behavioral health care provider, either staff or contracted staff, who can prescribe and manage medications independently, including buprenorphine and other food and drug administration-approved medications used to treat opioid, alcohol, and tobacco use disorders;

b. A licensed psychologist or psychologist resident under supervision;

c. A licensed addiction treatment provider;

d. An independently licensed mental health clinician. If a certified clinic is unable, after reasonable efforts, to employ an independently licensed mental health clinician, a certified clinic may employ a master's-level licensed mental health clinician under a supervision plan;

e. A nurse;

f. A peer support specialist;

g. A quality improvement specialist;

h. A care coordinator; and

i. Staff or contracted staff with expertise in addressing trauma and promoting the recovery of children with serious emotional disturbance and adults with serious mental illness.

7. The certified clinic is not precluded by this chapter from utilizing staff working toward professional licensure if staff is working under appropriate supervision within the scope of applicable state laws and regulations.

8. A nonstate operated certified clinic shall maintain liability and malpractice insurance for the staffing and scope of services provided.

History: Effective April 1, 2026.

General Authority: NDCC 50-06-05.2, 50-06-41.4