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Can I offer a referral program for my customers in North Dakota? What are the requirements?

Based on the additional context documents, it appears that offering a referral program in North Dakota may be permissible under certain conditions.

Referral Program Requirements in North Dakota

NDAC Section 75-09.1-01-21

According to NDAC Section 75-09.1-01-21, a referral program must implement a written policy for referral and recommendations for services not available through the program. All referrals and recommendations must be made part of the treatment or discharge plan. The program must also implement a written policy that verifies appropriate referral during and after treatment. Additionally, the program must secure the written consent of the client or a client’s legal representative before releasing any confidential information about that client [2.1].

NDAC Section 75-09.1-07-03

Furthermore, an outpatient services program must provide skilled treatment services that may include any combination of individual or group counseling, motivational enhancement, brief intervention, cognitive-behavioral therapy, opioid substitution therapy, family therapy, educational groups, occupational and recreational therapy, or other psychotherapy. The program must provide services in an amount, frequency, and intensity appropriate to a client’s treatment plan. Counseling or assessment of a client regarding the client’s abuse of alcohol or a controlled substance must be provided by a licensed addiction counselor as provided in North Dakota Century Code chapter 43-45 [5.1].

NDCC Section 50-31-02

It is important to note that a person, partnership, association, corporation, or limited liability company without a license may not establish, conduct, or maintain in this state a substance abuse treatment program for the care of persons addicted to alcohol or other drugs [7.1].

Prohibited Referral Programs in North Dakota

NDCC Section 51-16.1-03

NDCC Section 51-16.1-03 prohibits sellers or lessors from offering rebates, discounts, or anything of value to a buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee giving the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale to another person, if the earning of the rebate, discount, or other thing of value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to the sale or lease [1.1].

NDCC Section 51-16.1-02

Additionally, NDCC Section 51-16.1-02 prohibits pyramid promotional schemes, and it is not a defense to a criminal or civil prosecution under this section that the plan contains a limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan or operation [1.2].

Therefore, it is recommended that you consult with a legal professional to determine if offering a referral program would be permissible under North Dakota law, and to ensure that your program complies with all relevant regulations and requirements.

Source(s):
Jurisdiction

North Dakota