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Certificate of need · North Dakota

North Dakota certificate of need

North Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.

Verified Oct 6, 2026Sources: official state and federal agencies

CON program
No
Services covered
—
On this page
Certificate of need

North Dakota CON program

North Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.

CON program
No
Moratoria
Nursing facility beds may not be added to the state's licensed bed capacity between August 1, 2025 and July 31, 2029, except when a facility reverts basic care beds to nursing beds or relicenses beds delicensed after July 31, 2011. Licensed bed capacity may be transferred between entities, and a facility may reconfigure its nursing bed capacity no more than twice in 12 months (NDCC 23-16-01.1).
Recent changes
The CON chapter (NDCC 23-17.2, Certification of Need for Expansion of Hospital Facilities) was repealed in 1995. The nursing facility bed moratorium currently runs August 1, 2025 through July 31, 2029. A CON chapter (33-09-03) remains in the Administrative Code, but its authorizing statute (NDCC 23-17.2-05) was repealed.
Statute
NDCC ch. 23-17.2 (repealed by S.L. 1995, ch. 254, §6); NDCC 23-16-01.1 (long-term care bed moratorium)
FAQ

Frequently asked questions

Does North Dakota have a certificate of need law?

North Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.