1. Governance of the certified clinic must be informed by representatives of the individuals being served by the certified clinic in terms of demographic factors such as geographic area, sex, disability, and age, and in terms of health and behavioral health needs. Members of the governing or advisory boards must be selected for their expertise in health services, community affairs, local government, finance and accounting, legal affairs, trade unions, faith communities, commercial and industrial concerns, or social service agencies within the communities served or in accordance with North Dakota Century Code section 50-06-05.3.

2. The certified clinic shall incorporate meaningful participation from individuals of various ages with lived experience of mental or substance use disorders, their legal representatives, and their families. Meaningful participation means involving a substantial number of individuals with lived experience, their legal representatives, and their family members in developing initiatives, identifying community needs, goals, and objectives, and providing input on service development and continuous quality improvement processes.

3. The certified clinic shall reflect meaningful participation by meeting one of the two following requirements:

a. At least fifty-one percent of the governing board must be comprised of individuals with lived experience of mental or substance use disorders, their legal representatives, and their families; or

b. Other means must be established to demonstrate meaningful participation in board governance involving individuals with lived experience, their legal representatives, and their families as an alternative arrangement. Individuals with lived experience of mental or substance use disorders, their legal representatives, and their family members must have representation in governance assures input into identifying community needs and goals and objectives of the certified community behavioral health clinic service development, quality improvement, and the activities of the certified clinic. The governing board shall establish protocols for incorporating input from individuals with lived experience, their legal representatives, and their family members, including:

(1) Board meeting summaries must be shared with participants in the alternate arrangement and recommendations from the alternate arrangement must be entered into the formal board record. (2) A member or members of this established alternate arrangement must be invited to board meetings. (3) Representatives of the alternate arrangement must have the opportunity to regularly address the board directly, directly share recommendations with the board, and have their comments and recommendations recorded in the board minutes. (4) The certified clinic shall provide staff support for posting an annual summary of the recommendations from this alternate arrangement on the certified clinic's website. (5) The certified clinic shall provide staff support to the individuals involved in any alternate approach in a manner that is equivalent to the support given to the governing board.

4. If the certified clinic is comprised of a governmental or tribal organization, subsidiary, or part of a larger corporate organization that cannot meet these requirements for board membership, the certified clinic shall specify the reasons why it cannot meet these requirements. The certified clinic shall maintain or develop an advisory structure and describe other methods for individuals with lived experience, their legal representatives, and their families to provide meaningful participation.

5. No more than fifty percent of the governing board members in this subsection may derive more than ten percent of their annual income from the health care industry.

History: Effective April 1, 2026.

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