(Effective through September 30, 2019) 1. Notwithstanding sections 25-03.2-03 and 25-03.2-08, unless a needs assessment conducted by the department indicates a need for the licensing of additional bed capacity, the department may not issue a license under this chapter for any additional bed capacity for a psychiatric residential treatment facility for children above the state‘s gross number of beds licensed as of June 30, 2003. This subsection does not apply to nor prohibit the department from licensing additional bed capacity for a new psychiatric residential treatment facility for children if the additional beds are designated for the care of children and adolescents who are residents of other states.

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Terms Used In North Dakota Code 25-03.2-03.1

2.    Notwithstanding subsection 1, the department may develop a policy to:

a.    Exchange residential child care facility bed capacity licensed under chapter 50-11 with psychiatric residential treatment facility bed capacity; or

b.    Exchange psychiatric residential treatment facility bed capacity with residential child care facility bed capacity licensed under chapter 50-11.

Moratorium on expansion of psychiatric residential treatment facility for children bed capacity – Exchange of bed capacity. (Effective after September 30, 2019) 1.    Notwithstanding sections 25-03.2-03 and 25-03.2-08, unless a needs assessment conducted by the department indicates a need for the licensing of additional bed capacity, the department may not issue a license under this chapter for any additional bed capacity for a psychiatric residential treatment facility for children above the state’s gross number of beds licensed as of June 30, 2003. This subsection does not apply to nor prohibit the department from licensing additional bed capacity for a new psychiatric residential treatment facility for children if the additional beds are designated for the care of children and adolescents who are residents of other states.

2.    Notwithstanding subsection 1, the department may develop a policy to:

a.    Exchange qualified residential treatment program bed capacity licensed under chapter 50-11 with psychiatric residential treatment facility bed capacity; or

b.    Exchange psychiatric residential treatment facility bed capacity with qualified residential treatment program bed capacity licensed under chapter 50-11.