N.D. Cent. Code § 25-01.1-16 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-16
25-01.1-16. Inventory of stocks and supplies
Status: in_force

25-01.1-16. Inventory of stocks and supplies

The supervising department, annually on June thirtieth of each year, shall require the

superintendent of each institution under its charge to make a complete, minute, and accurate

inventory of the stock and supplies on hand, and the amount and value thereof. The inventory

must be under the following heads:

1. Livestock.

2. Produce of the farm on hand.

3. Automobiles, trucks, and other vehicles.

4. Agricultural implements.

5. Machinery.

6. Mechanical fixtures.

7. Real estate.

8. Beds and bedding in patients' department.

9. Other furniture in patients' department.

10. Personal property of the state in superintendent's department.

11. Readymade clothing.

12. Dry goods.

13. Provisions and groceries.

14. Drugs and medicines.

15. Fuel.

16. Library property.

17. All other property under such heads as the supervising department may deem proper.

A like inventory must be submitted by the proper superintendent of each institution to the

supervising department when requested by the supervising department.
N.D. Cent. Code § 25-02-08 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-08
25-02-08. Expense for care of patient
Status: repealed

25-02-08. Expense for care of patient

Repealed by S.L. 1961, ch. 211, § 9.
N.D. Cent. Code § 25-03.1-06 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-06
25-03.1-06. Right to release on application - Exception - Judicial proceedings
Status: in_force

25-03.1-06. Right to release on application - Exception - Judicial proceedings

An individual voluntarily admitted for inpatient treatment to a treatment facility or the state

hospital must be orally advised of the right to release and must be further advised in writing of

the rights under this chapter. A voluntary patient who requests release must be immediately

released. However, if the superintendent or the director determines the patient is a person

requiring treatment, the release may be postponed until a petition for involuntary commitment

has been filed with the clerk of court and judicial proceedings for involuntary treatment have

been held in the county in which the hospital or facility is located. The patient must be served

the petition within twenty-four hours, exclusive of weekends and holidays, from the time release

is requested, unless extended by the magistrate for good cause shown. The treatment hearing

must be held within seven days from the time the petition is served.
N.D. Cent. Code § 25-01-14 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-14
25-01-14. Claim for or proceedings to recover money in inmates' or patients' fund - Limitation
Status: repealed

25-01-14. Claim for or proceedings to recover money in inmates' or patients' fund -

Limitation.

Repealed by S.L. 1961, ch. 211, § 9.
N.D. Cent. Code § 25-04-05 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-05
25-04-05. Qualifications for accessing services provided by life skills and transition center - Educational or related services without charge for individuals twenty-one years of age and under
Status: in_force

25-04-05. Qualifications for accessing services provided by life skills and transition

center - Educational or related services without charge for individuals twenty-one years

of age and under.

1. The superintendent of the life skills and transition center may admit an eligible or

noneligible individual to the life skills and transition center for residential services

based on consideration of the following factors:

a. Ability of the life skills and transition center to provide the appropriate level of care

based on the individual's need.

b. Health and safety considerations for both the individual served and other

individuals currently being served by the life skills and transition center.

c. The individual may be admitted without exceeding the resident capacity of the

facility as specified in the professional standards of the department.

d. A noneligible individual may not receive residential services to the exclusion of an

eligible individual, unless the noneligible individual is receiving residential

services before the life skills and transition center receives an application to admit

an eligible individual for residential services.

2. The superintendent of the life skills and transition center may approve an eligible or

noneligible individual for nonresidential services provided by the life skills and

transition center if all of the following conditions have been met:

a. Application has been made on behalf of the individual by a department

developmental disabilities program manager, a parent, guardian, or legal

custodian, in accordance with procedures established by the department.

b. Information has been submitted to the life skills and transition center which allows

the superintendent to determine that the eligible or noneligible individual would

benefit from:

(1) Nonresidential stabilization services offered by the life skills and transition

center for the purpose of avoiding institutionalization or further

destabilization of the individual's living situation; or

(2) Consultation services to public and private providers serving noneligible

individuals.

3. Notwithstanding any other provision of this chapter, no eligible individual served,

twenty-one years of age or under, no noneligible individual, eighteen years of age or

under, or the estate or the parent of such individual, may be charged for educational or

related services provided at the life skills and transition center. Except as provided in

subsection 4, the department has prior claim on all benefits accruing to such

individuals served or noneligible individuals for medical and medically related services

under entitlement from the federal government, medical or hospital insurance

contracts, workforce safety and insurance, or medical care and disability programs.

For purposes of this subsection, "related services" means transportation and such

developmental, corrective, and other supportive services, as determined by the

department of public instruction, as are required to assist an individual with a disability

to benefit from special education. The cost of related services other than medical and

medically related services must be paid by the life skills and transition center, the

school district of residence of the child with a disability, and other appropriate state

agencies and political subdivisions of this state. The department of public instruction,

the department, the school district of residence, and other appropriate state agencies

and political subdivisions, as determined by the department of public instruction, shall

determine and agree to that portion of related services, other than medical and

medically related services, for which each agency and political subdivision is liable.

The department of public instruction may adopt rules necessary to implement this

section.

4. Parents of an eligible individual, who is twenty-one years of age or under, are not

required to file, assist in filing, agree to filing, or assign an insurance claim when filing

the claim would pose a realistic threat that the parents would suffer a financial loss not

incurred by similarly situated parents of children with disabilities. Financial losses do

not include incidental costs such as the time needed to file or assist in filing an

insurance claim or the postage needed to mail the claim. Financial losses include:

a. A decrease in available lifetime coverage or any other benefit under an insurance

policy.

b. An increase in premiums or the discontinuation of a policy.

c. An out-of-pocket expense such as the payment of a deductible amount incurred

in filing a claim unless the life skills and transition center pays or waives the

out-of-pocket expense.
N.D. Cent. Code § 25-01.1-01 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-01
25-01.1-01. Definition of supervising department
Status: in_force

25-01.1-01. Definition of supervising department

In this chapter unless the context or subject matter otherwise requires, "supervising

department" means that department, division, board, or office responsible for and exercising

supervision, control, and administration over the state hospital, as provided by law.
N.D. Cent. Code § 25-01.1-07 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-07
25-01.1-07. Rules or policies for procedure and administration of institutions
Status: in_force

25-01.1-07. Rules or policies for procedure and administration of institutions

The supervising department shall make all necessary rules or policies for its own procedure

and for the general administration, supervision, and management of the institutions under its

control and management.
N.D. Cent. Code § 25-03.2-07 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-07
25-03.2-07. Method of providing service
Status: in_force

25-03.2-07. Method of providing service

A psychiatric residential treatment facility for children shall provide for the development of

an individual treatment plan, based upon a comprehensive interdisciplinary diagnostic

assessment, which includes the role of the family, identifies the goals and objectives of the

therapeutic activities and treatment, provides a schedule for accomplishing the therapeutic

activities and treatment goals and objectives, and identifies the individuals responsible for

providing services, consistent with the individual treatment plan, to children. Clinical supervision

of the individual treatment plan must be accomplished as set forth by the department in rules.

Clinical supervision must be documented in individual treatment plans and by entries in the

child's record regarding supervisory activity.
N.D. Cent. Code § 25-16-11 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-11
25-16-11. Funds of state department of human services for purchasing residential care, custody, treatment, and education for developmentally disabled persons
Status: repealed

25-16-11. Funds of state department of human services for purchasing residential

care, custody, treatment, and education for developmentally disabled persons.

Repealed by S.L. 2001, ch. 259, § 1.
N.D. Cent. Code § 25-01.2-15 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-15
25-01.2-15. Right to refuse services
Status: in_force

25-01.2-15. Right to refuse services

An adult recipient of services, parents or custodian if the recipient is a minor, or the

recipient's guardian, must be given the opportunity to refuse generally accepted behavioral

health or developmental disability services, including medication, unless those services are

necessary to prevent the recipient from causing serious harm to the recipient or to others. If

services are refused, the recipient, guardian, or parent or custodian of a minor must be informed

of alternate services available, the risks of those alternate services, and the possible

consequences to the recipient of the refusal of generally accepted services.
N.D. Cent. Code § 25-16.2-01 — ND Code / Title 25 / Chapter 25-16.2 / Section 25-16.2-01
25-16.2-01. Work activity center - Definition
Status: in_force

25-16.2-01. Work activity center - Definition

As used in this chapter "work activity center" means a facility, licensed by the department of

health and human services, which is located in the state and operated by a nonprofit corporation

organized for the primary purpose of employing and providing rehabilitative activities for

individuals with physical disabilities, developmental disabilities, or chronic mental illnesses.
N.D. Cent. Code § 25-01.1-27 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-27
25-01.1-27. Rules for purchase of supplies - Jobbers to file address with office of management and budget or institutions
Status: repealed

25-01.1-27. Rules for purchase of supplies - Jobbers to file address with office of

management and budget or institutions.

Repealed by S.L. 1979, ch. 568, § 11.
N.D. Cent. Code § 25-01.1-06 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-06
25-01.1-06. Supervising department to have access to institutions and to books and records of institutions
Status: in_force

25-01.1-06. Supervising department to have access to institutions and to books and

records of institutions.

The supervising department shall have access to all the state institutions under its

management and control and to all books, accounts, vouchers, supplies, and equipment of each

of the institutions so that the supervising department may familiarize itself with the conditions,

needs, and requirements of the institutions. All books, documents, and records relating to the

concerns and business of such institutions except personal records of patients at all times must

be open to the examination of any citizen of this state. Personal records of patients must be

made available upon court order or in accordance with rules and regulations established by the

supervising department.
N.D. Cent. Code § 25-03.1-05 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-05
25-03.1-05. Discharge of voluntary patients
Status: in_force

25-03.1-05. Discharge of voluntary patients

Any voluntary patient who has recovered, or whose treatment the superintendent or director

determines is no longer advisable, must be discharged. If, upon discharge, it is determined that

the individual would benefit from the receipt of further treatment, the superintendent or director

shall offer the individual appropriate treatment on a voluntary basis or shall aid the individual to

obtain treatment from another source on a voluntary basis. With the patient's consent,

appropriate referrals may be made for the patient.
N.D. Cent. Code § 25-03.1-38 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-38
25-03.1-38. Expenses of district court serving Stutsman County
Status: in_force

25-03.1-38. Expenses of district court serving Stutsman County

All expenses of the district court serving Stutsman County involving patients in residence at

the state hospital must be paid by the state hospital under the direction of the department.
N.D. Cent. Code § 25-03.1-08 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-08
25-03.1-08. Application to state's attorney or retained attorney - Petition for involuntary treatment - Investigation by mental health professional
Status: in_force

25-03.1-08. Application to state's attorney or retained attorney - Petition for

involuntary treatment - Investigation by mental health professional.

1. An individual eighteen years of age or over shall present, in good faith, the information

necessary for the commitment of an individual for involuntary treatment to the state's

attorney of the county in which the respondent is presently located, or which is the

respondent's place of residence, or to an attorney retained by the petitioner to

represent the petitioner throughout the proceedings. The attorney shall assist the

petitioner in completing the petition. The petition must be verified by affidavit of the

petitioner and contain assertions that the respondent is a person requiring the

treatment; the facts, in detail, that are the basis of that assertion; the names, telephone

numbers, and addresses, if known, of any witnesses to those facts; and, if known, the

name, telephone number, and address of the nearest relative or guardian of the

respondent, or, if none, of a friend of the respondent.

2. The petition may be accompanied by any of the following:

a. A written statement supporting the petition from a tier 1 mental health

professional or an addiction counselor who is practicing within the professional

scope of practice and who has personally examined the respondent within

forty-five days of the date of the petition.

b. One or more supporting affidavits otherwise corroborating the petition.

3. In assisting the petitioner in completing the petition, the state's attorney may direct a

tier 1 or tier 2 mental health professional designated by the state-operated behavioral

health clinic to investigate and evaluate the specific facts alleged by the petitioner. The

investigation must be completed as promptly as possible and include observations of

and conversation with the respondent, unless the respondent cannot be found or

refuses to meet with the mental health professional. A written report of the results of

the investigation must be delivered to the state's attorney. Copies of the report must be

made available upon request to the respondent, the respondent's counsel, and any

expert examiner conducting an examination under section 25-03.1-11. The state's

attorney or retained attorney shall file the petition if the information provided by the

petitioner or gathered by investigation provides probable cause to believe the subject

of the petition is a person requiring treatment. A state's attorney who determines there

are insufficient grounds for filing a petition may refer the individual to other community

resources. A state's attorney's decision not to institute proceedings may be reviewed

under section 11-16-06.
N.D. Cent. Code § 25-03.3-07 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-07
25-03.3-07. Appointment of guardian ad litem
Status: in_force

25-03.3-07. Appointment of guardian ad litem

At any stage of a proceeding under this chapter, on application of any individual or on its

own motion, the court may appoint a guardian ad litem for a minor or an individual with an

intellectual disability who is a respondent or witness or otherwise involved in the proceeding, if

the minor or an individual with an intellectual disability has no parent, guardian, or custodian

appearing on behalf of the minor or the individual with an intellectual disability or the interests of

those persons conflict with those of the minor or an individual with an intellectual disability. The

department of health and human services shall pay the expense of the guardian ad litem fee as

established by the court.
N.D. Cent. Code § 25-16-13 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-13
25-16-13. Expenses chargeable against eligible individual, eligible individual's estate, or responsible relatives
Status: in_force

25-16-13. Expenses chargeable against eligible individual, eligible individual's estate,

or responsible relatives.

This chapter does not relieve the responsibility of the eligible individual, the eligible

individual's estate, or responsible relatives of the expenses for care and treatment as provided

in chapter 25-04 or 50-06.3. The provisions of chapter 25-04 or 50-06.3 applicable to the

expenses of care and treatment of patients apply to this chapter.
N.D. Cent. Code § 25-04-02 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-02
25-04-02. Purpose of life skills and transition center (Effective through June 30, 2027)
Status: in_force

25-04-02. Purpose of life skills and transition center. (Effective through June 30, 2027)

1. The purpose of the life skills and transition center is to serve as a specialty care and

support resource for eligible individuals with developmental disabilities who are

experiencing crisis or who would benefit from stabilization, and to work together with

parent, guardian, or legal custodian and care teams to identify opportunities for each

individual served to live in a family home or community setting of their choice when

possible.

2. The life skills and transition center must be maintained to provide care, treatment,

training, rehabilitation, and supervision for eligible individuals. For this purpose the

department may introduce and establish such rehabilitative and support services as, in

its judgment, will best prepare the individuals served to live in the most integrated,

independent setting possible.

3. The life skills and transition center may provide both residential services and

nonresidential services and effectuate its powers and duties to best serve eligible

individuals who may benefit from those activities.

4. Upon approval of the commissioner of the department or designee and in the opinion

of the superintendent of the life skills and transition center, the life skills and transition

center may provide:

a. Residential services or nonresidential services and effectuate its powers and

duties to best serve noneligible individuals who are experiencing crisis or who

would benefit from stabilization and may benefit from those activities; or

b. Consultation services to public and private providers serving noneligible

individuals.

Purpose of life skills and transition center. (Effective after June 30, 2027)

1. The purpose of the life skills and transition center is to serve as a specialty care and

support resource for eligible individuals with developmental disabilities who are

experiencing crisis or who would benefit from stabilization, and to work together with

parent, guardian, or legal custodian and care teams to identify opportunities for each

individual served to live in a family home or community setting of their choice when

possible.

2. The life skills and transition center must be maintained to provide care, treatment,

training, rehabilitation, and supervision for eligible individuals. For this purpose the

department may introduce and establish such rehabilitative and support services as, in

its judgment, will best prepare the individuals served to live in the most integrated,

independent setting possible.

3. The life skills and transition center may provide both residential services and

nonresidential services and effectuate its powers and duties to best serve eligible

individuals who may benefit from those activities.
N.D. Cent. Code § 25-02-02 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-02
25-02-02. Additional hospital for mentally ill located at Rugby
Status: repealed

25-02-02. Additional hospital for mentally ill located at Rugby

Repealed by S.L. 2017, ch. 353, § 10.
N.D. Cent. Code § 25-02-06 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-06
25-02-06. Nonresidents admitted to state hospital
Status: in_force

25-02-06. Nonresidents admitted to state hospital

A resident of another state or territory may be admitted to the state hospital upon payment

of the full cost of treatment of such nonresident, but no resident of another state or territory may

be received for treatment to the exclusion of any resident of this state.
N.D. Cent. Code § 25-02-04 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-04
25-02-04. Superintendent to possess certain qualifications - Medical director - Employees
Status: in_force

25-02-04. Superintendent to possess certain qualifications - Medical director -

Employees.

The superintendent of the state hospital must be a skilled health care administrator with

professional training and experience relating to the management of facilities for mentally ill and

chemically dependent persons and relating to the needs of the mentally ill and chemically

dependent persons. The medical director, who must be a licensed physician and board-certified

psychiatrist, shall recommend appointment of all physicians and clinical staff, define their

qualifications and duties, and have final authority for the organization and delivery of all medical

and clinical services delivered to patients at the state hospital. The state hospital governing

body has final approval of all physician and clinical staff appointments to the state hospital. The

superintendent shall appoint the medical director in consultation with the supervising officer and

with the approval of the governing body. If the superintendent is not a licensed physician and

board-certified psychiatrist, the medical director, or a qualified designee of the medical director,

shall act as the superintendent's designee in all matters in which the superintendent's opinion

on medical or clinical treatment is required by law. Every physician on the professional staff

must have a license issued by the North Dakota board of medicine.
N.D. Cent. Code § 25-03.1-34 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-34
25-03.1-34. Transfer of patients
Status: in_force

25-03.1-34. Transfer of patients

1. The superintendent or director of a treatment facility may transfer, or authorize the

transfer of, an involuntary patient from a hospital to another facility if the

superintendent or director determines it would be consistent with the medical needs of

the patient to do so. Due consideration must be given to the relationship of the patient

to family, legal guardian, or friends, so as to maintain relationships and encourage

visits beneficial to the patient. If a treatment facility licensed by any state for the care

and treatment of persons who are mentally ill or individuals with a substance use

disorder agrees with the patient or patient's guardian to accept the patient for

treatment, the superintendent or director of the treatment facility shall release the

patient to the other facility.

2. Upon receipt of notice from an agency of the United States that facilities are available

for the care or treatment of any individual ordered hospitalized who is eligible for care

or treatment in a treatment facility of that agency, the superintendent or director of the

treatment facility may cause the individual's transfer to that agency of the United

States for treatment. An individual may not be transferred to any agency of the United

States if the individual is confined pursuant to conviction of any felony or misdemeanor

or the individual has been acquitted of the charge solely on the ground of mental

illness unless the court originally ordering confinement of the individual enters an order

for transfer after appropriate motion and hearing. An individual transferred under this

section to an agency of the United States is deemed committed to that agency under

the original order of treatment.

3. A facility may not transfer a patient to another hospital or agency without first notifying

the patient and the patient's legal guardian, spouse, or next of kin, if known, or a

chosen friend of the patient and the court that ordered treatment. The patient must be

given an opportunity to protest the transfer and to receive a hearing on the protest.

The patient's objection to the transfer must be presented to the court where the facility

is located or to a representative of the facility within seven days after the notice of

transfer was received. If the objection is presented to a representative of the facility,

the representative shall transmit the objection to the court. The court shall set a

hearing date, which must be within fourteen days of the date of receipt of the

objection. If an objection has not been filed or the patient consents to a transfer, the

court may enter an ex parte order authorizing transfer.
N.D. Cent. Code § 25-01.3-04 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-04
25-01.3-04. Reporting of abuse, neglect, or exploitation - Immunity for good-faith reports
Status: in_force

25-01.3-04. Reporting of abuse, neglect, or exploitation - Immunity for good-faith

reports.

1. Every medical, mental health, or developmental disabilities professional, educational

professional, police or law enforcement officer, or caretaker having knowledge of or

reasonable cause to suspect that an adult with developmental disabilities or mental

illness coming before the individual providing services in that individual's official or

professional capacity is abused, neglected, or exploited shall report the circumstances

of that abuse, neglect, or exploitation to the project. For the purposes of this section:

a. "Educational professional" means a professional providing educational services

either at a school, academy, or other educational facility, or at a private facility or

residence, as a teacher, professor, tutor, aide, administrator, or other education

professional.

b. "Medical, mental health, or developmental disabilities professional" means a

professional providing health care or services to persons with developmental

disabilities or mental illnesses, on a full-time or part-time basis, on an individual

basis or at the request of a caretaker, and includes a physician, medical

examiner, coroner, dentist, optometrist, chiropractor, nurse, physical therapist,

mental health professional, hospital personnel, nursing home personnel,

congregate care personnel, social worker, or any other person providing medical,

mental health, or developmental disabilities services.

2. An individual not listed in subsection 1 having knowledge of or reasonable cause to

suspect that an adult with developmental disabilities or mental illness is abused,

neglected, or exploited may report those circumstances to the committee or the

project.

3. An individual other than the alleged perpetrator participating in good faith in the

making of a report, assisting an investigator, furnishing information to an advocate or

other employee of the committee, or in providing protective services under this section,

is immune from any liability, civil or criminal, that otherwise might result from the

reporting of the alleged case of abuse, neglect, or exploitation.
N.D. Cent. Code § 25-03.3-08 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-08
25-03.3-08. Sexually dangerous individual - Procedure on petition - Detention
Status: in_force

25-03.3-08. Sexually dangerous individual - Procedure on petition - Detention

1. Upon the filing of a petition pursuant to this chapter, the court shall determine whether

to issue an order for detention of the respondent named in the petition. The petition

may be heard ex parte. The court shall issue an order for detention if there is cause to

believe that the respondent is a sexually dangerous individual. If the court issues an

order for detention, the order must direct that the respondent be taken into custody

and transferred to an appropriate treatment facility or local correctional facility to be

held for subsequent hearing pursuant to this chapter. Under this section, the

department of health and human services shall pay for any expense incurred in the

detention or evaluation of the respondent.

2. If the state's attorney knows or believes the respondent named in the petition is an

individual with an intellectual disability, the state's attorney shall notify the court in the

petition and shall advise the court of the name of the legal guardian of the respondent

or, if none is known, the court may appoint a guardian ad litem for the respondent.

Before service of the notice required in section 25-03.3-10, the court shall appoint an

attorney for the respondent. An individual with an intellectual disability may be

detained in a correctional facility before the probable cause hearing only when no

other secure facility is accessible, and then only under close supervision.
N.D. Cent. Code § 25-03.1-04 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-04
25-03.1-04. Screening and admission to a public treatment facility
Status: in_force

25-03.1-04. Screening and admission to a public treatment facility

Under rules adopted by the department, screening of an individual to a public treatment

facility for observation, diagnosis, care, or treatment for mental illness or a substance use

disorder must be performed, in person when reasonably practicable, by a state-operated

behavioral health clinic. This screening must be performed in the region where the individual is

physically located. Upon the request of a court, a law enforcement official, a mental health

professional, the individual's legal guardian, a minor's parent or legal custodian, or the individual

requesting services, the state-operated behavioral health clinic shall conduct a screening. If a

request for screening is made by a mental health professional and the individual who is the

subject of the screening does not authorize the disclosure of the individual's protected health

information, upon the request of the state-operated behavioral health clinic, any mental health

professional who treated the individual within the previous six months shall disclose, subject to

the requirements of title 42, Code of Federal Regulations, part 2, to the state-operated

behavioral health clinic any relevant protected health information regarding that treatment. Upon

receipt of the request, the state-operated behavioral health clinic shall arrange for a screening of

the individual and, if appropriate, shall treat the applicant or refer the applicant to the

appropriate treatment facility. Upon admittance to a public treatment facility, the superintendent

or director shall immediately designate a tier 1 or tier 2 mental health professional to examine

the individual.
N.D. Cent. Code § 25-04-04 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-04
25-04-04. Who may receive benefits of life skills and transition center
Status: in_force

25-04-04. Who may receive benefits of life skills and transition center

1. Subject to this chapter and to any rules adopted by the department, the benefits of the

life skills and transition center may be received only by:

a. Eligible individuals who may benefit from services provided by the life skills and

transition center who, in the opinion of the superintendent of the life skills and

transition center are of suitable age and capacity to receive care, treatment,

training, rehabilitation, or supervision by the life skills and transition center or

whose disabilities prevent them from receiving training and instruction in the

public schools;

b. Eligible individuals who, in the opinion of the superintendent of the life skills and

transition center, may benefit from services provided by the life skills and

transition center and who are in need of stabilization supports and cannot be

properly cared for in their family home or other available community settings;

c. Eligible individuals who, in the opinion of the superintendent of the life skills and

transition center, may benefit from either residential services or nonresidential

services provided by the life skills and transition center; or

d. Noneligible individuals who, upon approval of the commissioner of the

department or designee and in the opinion of the superintendent of the life skills

and transition center, may benefit from:

(1) Residential services for up to ninety days, unless an extension is granted for

an additional ninety days by the superintendent of the life skills and

transition center to facilitate effective transition;

(2) Nonresidential services provided by the life skills and transition center; or

(3) Consultation services to public and private providers serving noneligible

individuals.

2. Residents and nonresidents of this state may receive services from the life skills and

transition center. Residents of this state and minors with developmental disabilities

must be given priority in receiving services from the life skills and transition center.
N.D. Cent. Code § 25-04-01.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-01.1
25-04-01.1. Life skills and transition center to be substituted for developmental center at westwood park, Grafton
Status: in_force

25-04-01.1. Life skills and transition center to be substituted for developmental center

at westwood park, Grafton.

The legislative council shall delete, where appropriate, "developmental center at westwood

park, Grafton", "developmental center", or any derivatives of those terms, which when used in

context indicate an intention to refer to those terms, wherever they appear in the North Dakota

Century Code, in supplements to the North Dakota Century Code, and in the North Dakota

Administrative Code, and to insert in lieu of each deletion "life skills and transition center" or an

appropriate derivative of that phrase. These changes are to be made when any volume or

supplement of the North Dakota Century Code is being reprinted. Life skills and transition center

is to be substituted for, shall take any action previously to be taken by, and shall perform any

duties previously to be performed by the developmental center at westwood park, Grafton.
N.D. Cent. Code § 25-01.1-14 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-14
25-01.1-14. Entrance and discharge record of persons at institutions
Status: in_force

25-01.1-14. Entrance and discharge record of persons at institutions

The managing officer of each institution, within thirty days after the commitment or entrance

of a person, patient, or inmate to the institution, shall cause a true copy of the entrance record to

be made and forwarded to the office of the supervising department. When a patient or inmate

leaves, or is discharged, transferred, or dies in any institution, the superintendent or person in

charge, within ten days thereafter, shall send such information to the supervising department

having control of such institution. All such information must be furnished on forms which the

supervising department may prescribe.
N.D. Cent. Code § 25-01.1-31 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-31
25-01.1-31. Audit of monthly statements of expenditures - Abstracts of statement - Payment
Status: in_force

25-01.1-31. Audit of monthly statements of expenditures - Abstracts of statement -

Payment.

When the monthly statement of expenditures of an institution have been audited by the

supervising department having control of such institution and found correct, the supervising

department shall prepare an abstract, in duplicate, showing the name, residence, and the

amount due each claimant, and the institution and the fund thereof on account of which the

payment shall be made. The supervising department shall deliver one copy thereof to the office

of management and budget and the other copy must be retained in the office of the department.

The office of management and budget, upon receipt of the certified abstract, after approval by

the office of the budget, shall issue a warrant or warrants for the amount or amounts thereof and

shall deliver the same to the supervising department for delivery to the proper officer of the

institution, to be paid out in conformity with such rules as the supervising department may

prescribe.
N.D. Cent. Code § 25-04-07 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-07
25-04-07. Disabled defendants
Status: repealed

25-04-07. Disabled defendants

Repealed by S.L. 1991, ch. 121, § 5.
N.D. Cent. Code § 25-03.3-20 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-20
25-03.3-20. Limitation of liability
Status: in_force

25-03.3-20. Limitation of liability

A person acting in good faith upon either actual knowledge or reliable information, who

provides information to the state's attorney or the court pursuant to this chapter, is not subject to

civil or criminal liability.
N.D. Cent. Code § 25-17-03 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-03
25-17-03. Treatment for positive diagnosis - Registry of cases
Status: in_force

25-17-03. Treatment for positive diagnosis - Registry of cases

The department shall:

1. Notify responsible clinicians regarding cases with out-of-range screening results or

positive confirmatory-diagnostic testing results in order to facilitate access to

appropriate treatment. If the responsible clinician is not a licensed clinician, the

responsible clinician shall refer the patient to a licensed clinician for appropriate

followup care.

2. Refer every diagnosed case of a metabolic disease or genetic disease to a licensed

clinician for necessary treatment.

3. Maintain a registry of cases of metabolic diseases and genetic diseases.

4. Provide medical food at no cost to males under age twenty-six and females under age

forty-five who are diagnosed with phenylketonuria or maple syrup urine disease,

regardless of income. If treatment services under this subsection are provided to an

individual by the department, the department may seek reimbursement from any

government program that provides coverage to that individual for the treatment

services provided by the department.

5. Offer for sale at cost medical food to females age forty-five and over and to males age

twenty-six and over who are diagnosed with phenylketonuria or maple syrup urine

disease, regardless of income. These individuals are responsible for payment to the

department for the cost of medical food.

6. Provide low-protein modified food products, if medically necessary as determined by a

qualified health care provider, to females under age forty-five and males under age

twenty-six who are receiving medical assistance and are diagnosed with

phenylketonuria or maple syrup urine disease.
N.D. Cent. Code § 25-16.2-03 — ND Code / Title 25 / Chapter 25-16.2 / Section 25-16.2-03
25-16.2-03. Contract requirement
Status: in_force

25-16.2-03. Contract requirement

Any contract awarded pursuant to this chapter must be in writing and must be made

available by the purchasing party to any person upon request. The contract must include the

purchase price, the quantity of commodity or service purchased, and the time period for which

the commodity or service will be provided.
N.D. Cent. Code § 25-13-05 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-05
25-13-05. State employment of individuals who are blind or otherwise disabled
Status: in_force

25-13-05. State employment of individuals who are blind or otherwise disabled

It is the policy of this state that individuals who are blind, visually impaired, or otherwise

disabled shall be employed in the state service, the service of the political subdivisions of the

state, the public schools, and all other employment supported in whole or in part by public funds

on the same terms and conditions as individuals who are not disabled, unless the particular

disability prevents the performance of the work involved.
N.D. Cent. Code § 25-04-00.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-00.1
25-04-00.1. Definitions
Status: in_force

25-04-00.1. Definitions

For the purposes of this chapter:

1. "Department" means the department of health and human services.

2. "Eligible" means an individual has been deemed eligible by the department for

developmental disability services.

3. "Individual served" is an eligible individual who is a legal resident of the state of North

Dakota and is receiving services from the life skills and transition center.

4. "Noneligible" means a minor who is a legal resident of the state and has not been

deemed eligible by the department for developmental disability services.

5. "Nonresident individual served" includes:

a. Any individual served by the life skills and transition center who is under eighteen

years old and whose responsible relative is not a bona fide resident of this state.

b. Any enrolled member of a federally recognized Indian tribe for whom the United

States government has, through its statutes and regulations, a responsibility for

their care.

6. "Nonresident responsible relative" includes the nonresident spouse, father, or mother

of the individual served. It includes the bureau of Indian affairs in those cases involving

an enrolled member of a federally recognized Indian tribe for whom the United States

government has, through its statutes and regulations, a responsibility for their care.

7. "Nonresidential services" means rehabilitative services and supports that are provided

in a family home or community setting.

8. "Residential services" are specialized services and supports provided at the life skills

and transition center facility which include both room and board and rehabilitative

services in accordance with an individual's care and support plan. Residential services

provided at the life skills and transition center are available to address an individual's

needs for stabilization.
N.D. Cent. Code § 25-01.3-10 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-10
25-01.3-10. Confidentiality and privileged information
Status: in_force

25-01.3-10. Confidentiality and privileged information

1. All information relating to an individual with a disability, including individually

identifiable health information, that is in the possession of the committee, project, or

any advocate is confidential and is not subject to disclosure, except:

a. If an authorization for disclosure is given in writing by each individual with a

disability who may be identifiable from the information, or that individual's

personal representative;

b. In a judicial proceeding when ordered by the presiding judge;

c. To a law enforcement officer for a law enforcement purpose, a health oversight

agency, or, at the discretion of the committee, to any other legally constituted

board or agency serving the interests of an individual with a disability for any

other purpose authorized by this chapter, or any other state or federal law; or

d. To the parents of a minor who is an eligible person under sections 25-01.3-01

through 25-01.3-12 or legal guardians of the person with a disability except that

no information may be disclosed to a person with mental illness who is the

subject of the information when such a disclosure is prohibited by state or federal

law.

2. Unless ordered by a court of competent jurisdiction, the name of an individual who in

good faith makes a report or complaint may not be disclosed by the committee or the

project.
N.D. Cent. Code § 25-06-09 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-09
25-06-09. Blind persons - Duty to report
Status: repealed

25-06-09. Blind persons - Duty to report

Repealed by S.L. 2001, ch. 257, § 5.
N.D. Cent. Code § 25-01-04 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-04
25-01-04. Superintendent of each institution to qualify
Status: in_force

25-01-04. Superintendent of each institution to qualify

The superintendent of each of the institutions mentioned in this chapter, before entering

upon the duties of office, shall take the oath prescribed for civil officers.
N.D. Cent. Code § 25-16.1-03 — ND Code / Title 25 / Chapter 25-16.1 / Section 25-16.1-03
25-16.1-03. Appointment of receiver
Status: in_force

25-16.1-03. Appointment of receiver

The court shall appoint, as receiver, the commissioner of the department who shall

designate a qualified individual not employed by this state or its political subdivisions, or a

nonprofit organization to execute the receivership. The receiver appointed by the court shall use

the income and assets of the provider agency to maintain and operate the provider agency and

to attempt to correct the conditions which constitute a threat to the clients. The receiver may not

liquidate the assets of the provider agency.
N.D. Cent. Code § 25-06-05 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-05
25-06-05. Services to nonresidents
Status: in_force

25-06-05. Services to nonresidents

Individuals who are blind or have a visual impairment who are not residents of this state

may receive services from North Dakota vision services - school for the blind if the individuals

pay the cost of the services as determined by the superintendent of public instruction.

Nonresidents may not receive services to the exclusion of residents of this state.
N.D. Cent. Code § 25-11-05 — ND Code / Title 25 / Chapter 25-11 / Section 25-11-05
25-11-05. Transfer of patients - Approval of court
Status: in_force

25-11-05. Transfer of patients - Approval of court

The compact administrator is hereby directed to consult with the immediate family of any

proposed transferee and, in the case of a proposed transferee from an institution in this state to

an institution in another party state, to take no final action without approval of the district court

which committed the patient, or if such patient was not committed, then without approval of the

district court serving Stutsman County.
N.D. Cent. Code § 25-03.2-08 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-08
25-03.2-08. Revocation or denial of license
Status: in_force

25-03.2-08. Revocation or denial of license

The department may revoke a license or deny an application for a license under this

chapter if:

1. Any requirement and condition of this chapter for the issuance of a license is not met,

or has ceased to be met;

2. The license was issued or requested upon fraudulent or untrue representations;

3. The owner or operator has violated any rule of the department; or

4. The owner, operator, or an employee of the facility is or has been found guilty of an

offense determined by the department to have a direct bearing on the person's ability

to serve as an owner, operator, or employee, or the department determines, following

conviction of an offense, that the person is not sufficiently rehabilitated under section

12.1-33-02.1.
N.D. Cent. Code § 25-04-19 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-19
25-04-19. Quality assurance review committees - Reports - Immunity
Status: in_force

25-04-19. Quality assurance review committees - Reports - Immunity

Any information, data, report, or record generated by or made available to an internal quality

assurance review committee of the life skills and transition center or members thereof is

confidential and may be used by the committee and the members thereof only in the exercise of

the proper functions of the committee. The proceedings and records of the committee and the

members thereof are not subject to subpoena or discovery or introduction into evidence in any

civil action arising out of any matter under consideration by the committee. Any information,

document, or record otherwise available from original sources is not immune from discovery or

use in any civil action merely because it was presented during the proceedings of the

committee, nor may any person who testified before the committee or who is a member of it be

prevented from testifying as to matters within that person's knowledge, but a witness cannot be

asked about that witness's testimony before the committee. This section does not relieve any

person of any liability incurred as a result of furnishing health care to the resident. No person

furnishing information, data, reports, or records to the committee with respect to any resident of

the life skills and transition center is, by reason of furnishing the information, data, reports, or

records, liable in damages to any resident, or answerable for willful violation of a privileged or

confidential communication. No member of the committee is liable in damages to any person for

any action taken or recommendation made within the scope of the functions of the committee if

the committee member acts without malice and in the reasonable belief that the action or

recommendation is warranted by the facts known to the member.
N.D. Cent. Code § 25-01-02 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-02
25-01-02. Transfer of patients between institutions
Status: in_force

25-01-02. Transfer of patients between institutions

The supervising officer may transfer patients of the state hospital or life skills and transition

center between such institutions whenever the superintendent of any such institution shall

recommend such transfer and the supervising department is satisfied, upon investigation, that

such transfer is advisable. If any patient, so transferred, is maintained at the expense of the

county from which the patient was committed, the cost of the patient's maintenance in the

institution to which the patient is transferred must be charged to such county and must be

collected therefrom upon notice to the county auditor of such county by the supervising officer.
N.D. Cent. Code § 25-11-06 — ND Code / Title 25 / Chapter 25-11 / Section 25-11-06
25-11-06. Transmission of copies of chapter
Status: in_force

25-11-06. Transmission of copies of chapter

Duly authorized copies of this chapter must, upon its approval, be transmitted by the

secretary of state to the governor of each state, the attorney general and the administrator of

general services of the United States, and the council of state governments.
N.D. Cent. Code § 25-16-03.2 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-03.2
25-16-03.2. Corrective actions
Status: in_force

25-16-03.2. Corrective actions

1. If the department finds the provider agency is not in compliance with this chapter or

the rules adopted by the department, the department may notify the provider agency of

required corrective actions.

2. The provider agency shall submit a corrective action plan addressing the corrective

actions.

3. If the provider agency fails to comply with the corrective action plan by the date certain

for correction, the department may:

a. Issue a restricted license; or

b. Revoke the license.
N.D. Cent. Code § 25-01-17 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-17
25-01-17. Religious exercise of patient or resident under the care of the department of health and human services
Status: in_force

25-01-17. Religious exercise of patient or resident under the care of the department of

health and human services.

1. The department of health and human services may not:

a. Substantially burden the exercise of religion by patient or resident under the

department's care unless the burden is in furtherance of a compelling

governmental interest and is the least restrictive means of furthering that

compelling governmental interest;

b. Treat religious conduct more restrictively than any comparable secular conduct

unless the department demonstrates the disparate treatment is necessary to

further a compelling governmental interest and is the least restrictive means of

furthering that compelling governmental interest; or

c. Deny clergy access to a patient or resident for the purpose of providing religious

services unless the department demonstrates the denial is necessary to further a

compelling governmental interest and is the least restrictive means of furthering

that compelling governmental interest.

2. A patient or resident of the department of health and human services claiming to be

aggrieved by a violation of this section, may assert, after exhausting appropriate

administrative remedies, that violation as a claim or defense in a judicial proceeding

and obtain appropriate relief, including costs and reasonable attorney's fees.
N.D. Cent. Code § 25-04-14 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-14
25-04-14. Expenses chargeable against individual or individual's estate - Filing claims
Status: in_force

25-04-14. Expenses chargeable against individual or individual's estate - Filing

claims.

Expenses for care and treatment of each individual served or noneligible individual by the

life skills and transition center must, if practicable, be in accordance with the cost of providing

care and treatment for the different degrees or conditions of mental and physical health and

charges may be adjusted in accordance with the individual served's or noneligible individual's

ability to pay which must include an estimate of potential future receipts, including amounts from

estates. The department shall recover from the individual served or noneligible individual or

from a discharged individual expenses chargeable for care and treatment. If any individual

served or noneligible individual is receiving social security benefits or is a veteran or a

dependent of a veteran who has received, is receiving, or is entitled to receive compensation or

pension from the veterans' administration, the expenses are a current claim against the

individual served or noneligible individual and may be recovered monthly by the department

except that any amount required by the payer of the benefits to be paid directly to the individual

served or noneligible individual must, upon approval of the department, be credited to the

individual served's or noneligible individual's personal account from any money thus received.
N.D. Cent. Code § 25-02-05.1 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-05.1
25-02-05.1. Specialists
Status: repealed

25-02-05.1. Specialists

Repealed by S.L. 1957, ch. 196, § 22.
N.D. Cent. Code § 25-16.2-01.1 — ND Code / Title 25 / Chapter 25-16.2 / Section 25-16.2-01.1
25-16.2-01.1. Purpose
Status: in_force

25-16.2-01.1. Purpose

It is in the public interest to advance employment opportunities to individuals with disabilities

so that those individuals may acquire job skills and training and gain greater independence and

quality of life. This state is committed to promoting self-sufficiency, integrating individuals with

disabilities into our communities, and maximizing the earning potential of individuals with

disabilities.
N.D. Cent. Code § 25-03.1-22 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-22
25-03.1-22. Length of involuntary and continuing treatment orders
Status: in_force

25-03.1-22. Length of involuntary and continuing treatment orders

1. An order for involuntary treatment following a preliminary hearing may not exceed

fourteen days. An order for involuntary treatment following a treatment hearing may

not exceed ninety days.

2. If the director or superintendent believes a patient continues to require treatment, the

director or superintendent, not less than fourteen days before the expiration of the

initial order, shall petition the court where the facility is located for a determination that

the patient continues to be a person requiring treatment and for an order of continuing

treatment, which order may be for a period not to exceed one year. The court shall set

a hearing date that must be within fourteen days after the petition was filed, unless

extended for good cause shown.

3. A respondent subject to a continuing treatment order of indefinite duration retains the

rights to periodic review and to petition for discharge under section 25-03.1-31 as that

section existed on July 31, 1993.
N.D. Cent. Code § 25-02-15 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-15
25-02-15. Absence of member of county mental health board - Substitute
Status: repealed

25-02-15. Absence of member of county mental health board - Substitute

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-07-12 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-12
25-07-12. Provision of services - Collaboration - Competition
Status: in_force

25-07-12. Provision of services - Collaboration - Competition

The school for the deaf may collaborate with public and private entities for the provision of

services to individuals who are deaf or hearing impaired. The school for the deaf may not

compete with any public or private entity offering the same services within a region.
N.D. Cent. Code § 25-16-15 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-15
25-16-15. Depreciation recapture on the sale of fixed assets
Status: repealed

25-16-15. Depreciation recapture on the sale of fixed assets

Repealed by S.L. 2003, ch. 231, § 2.
N.D. Cent. Code § 25-03.1-11 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-11
25-03.1-11. Involuntary treatment - Examination - Report
Status: in_force

25-03.1-11. Involuntary treatment - Examination - Report

1. The respondent must be examined within a reasonable time by an expert examiner as

ordered by the court. If the respondent is taken into custody under the emergency

treatment provisions of this chapter, the examination must be conducted within the

time limitations set forth in section 25-03.1-26. Any expert examiner conducting an

examination under this section may consult with or request participation in the

examination by any mental health professional and may include with the written

examination report any findings or observations by that mental health professional.

This examination report, and that of the independent examiner, if one has been

requested, must be filed with the court and immediately sent to the petitioner and the

respondent. The report must contain:

a. Evaluations of the respondent's physical condition and mental status.

b. A conclusion as to whether the respondent is a person requiring treatment, with a

clear explanation of how that conclusion was derived from the evaluation.

c. If the report concludes the respondent is a person requiring treatment, a list of

available forms of care and treatment that may serve as alternatives to

involuntary hospitalization.

d. The signature of the examiner who prepared the report.

2. For purposes of any examination conducted pursuant to this section:

a. An evaluation of a respondent's physical condition may be made only by a tier 1b

mental health professional.

b. An evaluation of a respondent's mental status may be made only by a tier 1

mental health professional.

c. An evaluation of whether the respondent is an individual with a substance use

disorder may be made only by a tier 1 mental health professional or a licensed

addiction counselor.

3. If the expert examiner concludes the respondent is not a person requiring treatment,

the court may without taking any other additional action terminate the proceedings and

dismiss the petition. If the expert examiner concludes the respondent is a person

requiring treatment, or makes no conclusion whether the respondent is a person

requiring treatment, the court shall set a date for hearing and shall give notice of

hearing to the persons designated in section 25-03.1-12. If the respondent is in

custody and is alleged to be a person who is mentally ill or a person who is both

mentally ill and has a substance use disorder, the preliminary hearing date must be

within five days, exclusive of weekends and holidays, of the date the respondent was

taken into custody through emergency commitment under section 25-03.1-25 unless a

delay or continuance is concurred in by the respondent or unless extended by the

magistrate for good cause shown. If a preliminary hearing is not required, the

treatment hearing must be held within five days, exclusive of weekends and holidays,

of the date the court received the expert examiner's report, not to exceed fourteen

days from the time the petition was served.
N.D. Cent. Code § 25-11-03 — ND Code / Title 25 / Chapter 25-11 / Section 25-11-03
25-11-03. Power to make supplementary agreements - Limitation
Status: in_force

25-11-03. Power to make supplementary agreements - Limitation

The compact administrator is hereby authorized and empowered to enter into

supplementary agreements with appropriate officials of other states pursuant to articles VII and

XI of the compact. In the event that such supplementary agreements require or contemplate the

use of any institution or facility of this state or require or contemplate the provision of any

service by this state, no such agreement may have force or effect until approved by the head of

the department or agency under whose jurisdiction said institution or facility is operated or

whose department or agency will be charged with the rendering of such service.
N.D. Cent. Code § 25-16.2-02 — ND Code / Title 25 / Chapter 25-16.2 / Section 25-16.2-02
25-16.2-02. Direct bidding with work activity centers for highway grade stakes
Status: in_force

25-16.2-02. Direct bidding with work activity centers for highway grade stakes

Unless no work activity center bids on the contract, the office of management and budget or

the department of transportation, whichever may be authorized to purchase highway grade

stakes, shall award any contract for the purchase of highway grade stakes to work activity

centers. The office of management and budget or the department of transportation shall request

bids from work activity centers and shall award any contract for the purchase of highway grade

stakes on the basis of these factors:

1. Whether the product contracted for is supplied by the work activity center at a fair

market price.

2. Whether the product to be supplied by the work activity center meets the specifications

of the department of transportation.

3. The ability, capacity, and skill of the work activity center to perform the contract

required.

4. The character, integrity, reputation, judgment, experience, and efficiency of the work

activity center.

5. Whether the work activity center can perform the contract within the time specified.

6. The quality of performance of previous contracts negotiated with the work activity

center.

7. The previous and existing compliance by the work activity center with laws relating to

the contract.
N.D. Cent. Code § 25-03.1-30 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-30
25-03.1-30. Discharge of hospitalized patient - Transfer to alternative treatment - Termination of alternative treatment
Status: in_force

25-03.1-30. Discharge of hospitalized patient - Transfer to alternative treatment -

Termination of alternative treatment.

1. The superintendent or director at any time may discharge a voluntarily hospitalized

patient who is clinically suitable for discharge.

2. The superintendent or director shall discharge a patient hospitalized by court order if

the patient's mental condition is such that the patient no longer is a person requiring

treatment.

3. If a patient discharged under subsection 1 or 2 has been hospitalized by a court order,

or if court proceedings are pending, the treatment facility shall notify the court of the

discharge.

4. A person responsible for providing treatment, other than hospitalization, to an

individual ordered to undergo a program of alternative treatment may terminate the

alternative treatment if the patient is clinically suitable for termination of treatment. The

person shall terminate the alternative treatment if the patient no longer is a person

requiring treatment and shall notify the court upon that termination.

5. If, upon the discharge of a hospitalized patient or the termination of alternative

treatment of an individual under this chapter, the individual would benefit from further

treatment, the hospital or provider of alternative treatment shall offer appropriate

treatment on a voluntary basis or shall aid the individual to obtain treatment from

another source on a voluntary basis.

a. With the individual's consent, the superintendent or director shall notify the

appropriate community agencies or persons of the release and of the suggested

release plan. Community agencies include regional mental health centers, state

and local counseling services, public and private associations the function of

which is to assist persons who are mentally ill or individuals with a substance use

disorder, and the individual's physician.

b. The agencies and persons notified of the individual's release shall report to the

facility that initial contact with the individual has been accomplished.

6. If, before expiration of an initial treatment order, the superintendent or director

determines a less restrictive form of treatment is more appropriate for a patient

hospitalized by court order, the superintendent or director may petition the court that

last ordered the patient's hospitalization to modify the order of the court. The petition

must contain statements setting forth the reasons for the determination the patient

continues to be a person requiring treatment, the reasons for the determination a less

restrictive form of treatment is more appropriate for the patient, and describing the

recommended treatment program. If the patient consents, without a hearing, the court

may modify the treatment order of the court by directing the patient to undergo the

agreed treatment program for the remainder of the treatment order. The patient must

be given an opportunity to protest the discharge and modification of treatment order

and to receive a hearing on the merits of the protest.
N.D. Cent. Code § 25-02-11 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-11
25-02-11. County mental health board - Members, appointment, term, quorum
Status: repealed

25-02-11. County mental health board - Members, appointment, term, quorum

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-07-07 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-07
25-07-07. Transportation of indigent children to and from school for deaf
Status: repealed

25-07-07. Transportation of indigent children to and from school for deaf

Repealed by S.L. 1979, ch. 336, § 3.
N.D. Cent. Code § 25-03.2-04.1 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-04.1
25-03.2-04.1. Criminal history record investigation - Fingerprinting required
Status: in_force

25-03.2-04.1. Criminal history record investigation - Fingerprinting required

1. Each psychiatric residential treatment facility for children shall secure, from a law

enforcement agency or any other agency authorized to take fingerprints, two sets of

fingerprints and shall provide all other information necessary to secure state criminal

history record information and a nationwide background check under federal law from

a facility operator, and any individual employed by the facility, contracted service

provider of the facility, and nonemployee of the facility, having contact with any child

cared for by the facility.

2. The facility shall assure information obtained under subsection 1 is provided to the

department.

3. Upon receipt of all fingerprints and necessary information relating to a criminal history

record investigation, the department shall submit the information and fingerprints to the

bureau of criminal investigation. The department shall provide a copy of the state

criminal history record information response received from the bureau of criminal

investigation to the facility or authorized agent making the request.

4. The bureau of criminal investigation shall request a nationwide background check from

the federal bureau of investigation and, upon receipt of a response, provide the

response of the federal bureau of investigation to the department. The bureau of

criminal investigation also shall provide any criminal history record information that

may lawfully be made available under chapter 12-60 to the department.

5. Upon request by the operators of a facility or employees of a facility, a law

enforcement agency shall take fingerprints of individuals described in this section if the

request is made for purposes of this section.

6. The department shall pay the cost of securing fingerprints, any criminal history record

information made available under chapter 12-60, and a nationwide background check

for each psychiatric residential treatment facility for children.

7. An agency that takes fingerprints as provided under this section may charge a

reasonable fee to offset the costs of the fingerprinting.

8. A criminal history record investigation completed under this section may be used to

satisfy the criminal history record investigation requirements of sections 50-06-01.9,

50-06-01.10, 50-11-06.8, 50-11.3-01, and 50-12-03.2. The federal bureau of

investigation's criminal history record investigation obtained from one criminal history

record investigation purpose may not be reused to satisfy the requirements for another

federal bureau of investigation's criminal history record investigation for a different

purpose.
N.D. Cent. Code § 25-03.1-34.2 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-34.2
25-03.1-34.2. Interstate contracts for treatment of mental illness or a substance use disorder
Status: in_force

25-03.1-34.2. Interstate contracts for treatment of mental illness or a substance use

disorder.

1. For purposes of this section, "bordering state" means Minnesota, Montana, or South

Dakota.

2. Unless prohibited by another law and subject to the exceptions in subsection 4, the

department may contract with:

a. An appropriate treatment or detoxification facility in a bordering state for the

treatment of mental illness or substance use disorders or for providing substance

use disorder detoxification services for residents of North Dakota; or

b. A bordering state to allow for a public or private agency or facility to provide

treatment of mental illness or substance use disorders or to provide substance

use disorder detoxification services in North Dakota to residents of a bordering

state.

3. An individual who receives treatment for mental illness or a substance use disorder or

who receives substance use disorder detoxification services in another state under this

section is subject to the laws of the state in which treatment or detoxification is

provided. An individual who receives treatment or detoxification in another state under

this section must be informed of the consequences of receiving treatment or

detoxification in another state, including the implications of the differences in state

laws.

4. A contract may not be entered under this section for treatment or detoxification to an

individual who:

a. Is serving a sentence after conviction of a criminal offense;

b. Is the subject of a presentence investigation; or

c. Has been committed involuntarily in North Dakota under chapter 25-03.1 for

treatment of mental illness or a substance use disorder, except as provided under

subsection 6.

5. Contracts entered under this section must, at a minimum:

a. Describe the services to be provided;

b. Establish responsibility for the costs of services;

c. Establish responsibility for the costs of transporting an individual receiving

services under this section;

d. Specify the duration of the contract;

e. Specify the means of terminating the contract;

f. Specify the terms and conditions for refusal to admit or retain an individual; and

g. Identify the goals to be accomplished by the placement of an individual under this

section.

6. The department may enter negotiations with appropriate personnel of a bordering

state to develop an agreement that conforms to the requirements of this section. An

agreement with a bordering state may enable the placement in North Dakota of an

individual who requires detoxification services, is on an emergency hold, or who has

been involuntarily committed as mentally ill or having a substance use disorder in a

bordering state and enable the temporary placement in a bordering state of a patient

who requires detoxification services or who is on an emergency hold in North Dakota

under chapter 25-03.1.

7. An agreement with a bordering state must specify that:

a. North Dakota courts retain jurisdiction over North Dakota residents, and the

bordering state affords to North Dakota residents the rights afforded to the

residents under North Dakota law; and

b. Responsibility for payment for the cost of care of a resident of a bordering state

remains with the bordering state of which that individual is a resident and the cost

of care of a North Dakota resident remains with the state of North Dakota.

8. Individuals committed by a court of a bordering state and placed in North Dakota

facilities continue to be in the legal custody of the bordering state. The bordering

state's laws governing length of commitment, re-examinations, and extension of

commitment must continue to apply to these residents. In all other respects, residents

of a bordering state placed in North Dakota facilities are subject to North Dakota laws.

9. This section applies to detoxification services provided on a voluntary or involuntary

basis.

10. A public or private entity entering an agreement with a bordering state under this

section shall provide the department a copy of the agreement and any future

agreements or amendments within thirty days of the date of entering or amending the

agreement.
N.D. Cent. Code § 25-01.2-14 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-14
25-01.2-14. Individualized habilitation, person-centered service, or individual education plan - Contents
Status: in_force

25-01.2-14. Individualized habilitation, person-centered service, or individual

education plan - Contents.

Any public or private agency or organization that provides services to an individual with a

developmental disability must have a written, individualized habilitation, person-centered

service, or individual educational plan developed and put into effect for each individual for whom

that public or private agency or organization is primarily responsible for the delivery, or

coordinating the delivery, of services. A plan required under this section must:

1. Be developed and put into effect within thirty days following admission of the

individual.

2. Be reviewed and updated from time to time, but no less than annually.

3. Include a statement of the long-term habilitation or education goals for the individual

and the intermediate objectives relating to the attainment of those goals. The

objectives must be stated specifically, in sequence, and in behavioral or other terms

that provide measurable indices of progress.

4. State an objective criteria and an evaluation procedure and schedule for determining

whether the objectives and goals are being achieved.

5. Describe the personnel necessary for the provision of the services described in the

plan.

6. Specify the date of initiation and the anticipated duration of each service to be

provided.

7. State whether the individual with a developmental disability appears to need a

guardian and determine the type of protection needed by the individual based on the

individual's actual mental and adaptive limitations and other conditions which may

warrant the appointment of a guardian. Any member of the individual habilitation,

person-centered service, or individual educational plan team may petition, or notify any

interested person of the need to petition, for a finding of incapacity and appointment of

a guardian.
N.D. Cent. Code § 25-03.1-27 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-27
25-03.1-27. Notice and statement of rights
Status: in_force

25-03.1-27. Notice and statement of rights

1. If an individual is detained for emergency evaluation and treatment under this chapter,

the superintendent or director shall cause both the patient and, if possible, a

responsible member of the patient's immediate family, a guardian, or a friend, if any, to

receive:

a. A copy of the petition that asserted the individual is a person requiring treatment.

b. A written statement explaining the individual will be examined by an expert

examiner within twenty-four hours of hospitalization, excluding holidays.

c. A written statement in simple terms explaining the rights of the individual alleged

to be a person who is mentally ill or a person who is both mentally ill and has a

substance use disorder to a preliminary hearing, to be present at the hearing, and

to be represented by legal counsel, if the individual is certified by an expert

examiner or examiners as a person requiring treatment.

d. A written statement in simple terms explaining the rights of the individual to a

treatment hearing, to be present at the hearing, to be represented by legal

counsel, and the right to an independent medical evaluation.

2. If the individual is unable to read or understand the written materials, every reasonable

effort must be made to explain the written material in a language the individual

understands, and a note of the explanation and by whom made must be entered into

the patient record.
N.D. Cent. Code § 25-04-08.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-08.1
25-04-08.1. Notification before discharge
Status: in_force

25-04-08.1. Notification before discharge

Before discharge the superintendent of the life skills and transition center shall meet with

the parent, guardian, legal custodian, or care team of the:

1. Individual served to be discharged, or with the court that ordered the individual served

to receive services at the life skills and transition center pursuant to section 25-04-06.

2. Noneligible individual to be discharged.
N.D. Cent. Code § 25-01.3-05 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-05
25-01.3-05. Retaliation - Presumptions - Penalty
Status: in_force

25-01.3-05. Retaliation - Presumptions - Penalty

1. An employer that imposes any form of discipline or retaliation against an employee

solely because the employee reported having knowledge of or reasonable cause to

suspect that a person with developmental disabilities or mental illness was abused,

neglected, or exploited is guilty of a class B misdemeanor.

2. A rebuttable presumption that retaliation has occurred arises when an adverse action

is taken within ninety days of the report. For the purpose of this subsection, "adverse

action" means any action taken against the reporter or the person with developmental

disabilities or mental illness about whom the report was made by a facility or person

involved in a report because of the report. Adverse action includes:

a. Discharge from or termination of the employment of the employee.

b. Demotion, negative work performance evaluation, reduction of hours worked or

benefits or work privileges, or reduction in remuneration for services of the

employee.

c. Restriction or prohibition of access by the employee to a facility or to the

residents of the facility.

d. Discharge or transfer of the person with developmental disabilities or mental

illness from or within a facility or from the supervision of a caretaker.

e. Failure of a facility to perform customary services for the person with

developmental disabilities or mental illness.

3. It is a defense to any charge brought under this section that the good faith of the

individual making the report, described in subsection 3 of section 25-01.3-04, has

been rebutted, but only as to actions taken against the employee.
N.D. Cent. Code § 25-03.3-06 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-06
25-03.3-06. Use of confidential records
Status: in_force

25-03.3-06. Use of confidential records

Upon request, any confidential records provided to the state's attorney pursuant to this

chapter must be made available to the respondent or committed individual, the attorney of the

respondent or committed individual, a qualified expert charged with examining the respondent

or committed individual, the court, and any treatment facility in which the respondent or

committed individual is being evaluated or treated pursuant to this chapter.
N.D. Cent. Code § 25-17-05 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-05
25-17-05. Testing charges
Status: in_force

25-17-05. Testing charges

A screening and confirmatory-diagnostic testing laboratory may charge fees for necessary

services.
N.D. Cent. Code § 25-01.1-02 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-02
25-01.1-02. Heads of institutions responsible to supervising department
Status: in_force

25-01.1-02. Heads of institutions responsible to supervising department

For the exercise of the duties of general supervision over the institutions subject to the

control of the supervising department, the heads of the institutions are responsible to the

supervising department.
N.D. Cent. Code § 25-03.1-42 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-42
25-03.1-42. Limitation of liability - Penalty for false petition
Status: in_force

25-03.1-42. Limitation of liability - Penalty for false petition

1. A person acting in good faith upon either actual knowledge or reliable information

which makes the petition for involuntary treatment of an individual under this chapter is

not subject to civil or criminal liability.

2. A physician, physician assistant, psychiatrist, psychologist, advanced practice

registered nurse, mental health professional, employee of a treatment facility, state's

attorney, or peace officer who in good faith exercises professional judgment in fulfilling

an obligation or discretionary responsibility under this chapter is not subject to civil or

criminal liability for acting unless it can be shown that it was done in a negligent

manner.

3. A person that makes a petition for involuntary treatment of an individual without having

good cause to believe the individual is a person who is both mentally ill and has a

substance use disorder and as a result is likely to cause serious harm to self or others

is guilty of a class A misdemeanor.
N.D. Cent. Code § 25-04-06 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-06
25-04-06. Juvenile court order for assessment of dependent, neglected, or delinquent child with developmental disability - Appeal
Status: in_force

25-04-06. Juvenile court order for assessment of dependent, neglected, or delinquent

child with developmental disability - Appeal.

1. In any proceeding instituted in juvenile court, the court may make an order for

assessment of the child by the life skills and transition center for developmental

disability determination whenever it appears to the satisfaction of the court that the

child involved in the proceeding is:

a. Dependent and eligible for services at the life skills and transition center;

b. Neglected and eligible for services at the life skills and transition center; or

c. Delinquent and eligible for services at the life skills and transition center.

2. If it is ascertained as a result of such assessment that the child is eligible for

residential services offered at the life skills and transition center and the child qualifies

for accessing services from the life skills and transition center in accordance with

section 25-04-04 and subsection 1 of section 25-04-05, a report to such effect must be

made by the authorities of the life skills and transition center to the court. The court

thereupon shall make an order fixing a time for a hearing upon the report showing the

child to be eligible and qualifying for accessing services offered at the life skills and

transition center. Notice of the hearing must be given to the parents, custodian, or

guardian of such child in the manner prescribed by law for the giving of notice in other

proceedings in juvenile court. Upon such hearing, the court shall make such order as it

may deem proper. Any parent, custodian, guardian, or other person charged with the

control of such child may take an appeal from the order made by the court in the

manner now prescribed by law for the taking of appeals from decisions of the juvenile

court. Admission to residential services at the life skills and transition center must

follow the procedures established by the department and in accordance with section

25-04-04 and subsection 1 of section 25-04-05. Any orders for assessment may be

accomplished without admission for residential services or transportation to the life

skills and transition center.
N.D. Cent. Code § 25-03.1-31 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-31
25-03.1-31. Procedure to extend continuing treatment orders - Respondent's right to petition for discharge
Status: in_force

25-03.1-31. Procedure to extend continuing treatment orders - Respondent's right to

petition for discharge.

1. If the director or superintendent believes that a respondent continues to be a person

requiring treatment, the director or superintendent, not less than thirty days before

expiration of the order, shall petition the court where the facility is located for another

continuing treatment order in the manner prescribed by section 25-03.1-23. The

petition must also contain a notice to the respondent that, unless the respondent

waives a hearing on the petition within fifteen days after service of the petition upon

the respondent, a hearing will be held by the court. The court shall appoint counsel for

the respondent upon receipt of the petition, unless retained counsel has appeared on

behalf of the respondent. If retained counsel has appeared, the court shall provide

notice of the petition to the attorney. If the hearing is not waived, it must be held within

thirty days after the petition was filed, unless extended for good cause shown. The

burden of proof is the same as in an involuntary treatment hearing.

2. Every individual subject to an order of continuing treatment has the right to petition the

court for discharge once annually. The petition may be presented to the court or a

representative of the facility who shall transmit it to the court forthwith. If the patient is

indigent or is unable for reasons satisfactory to the court to obtain an independent

expert examiner, the court shall appoint an independent expert examiner to examine

the patient and to furnish a report to the court. The court shall set a hearing date which

must be within fourteen days of receipt of the examiner's report. At the hearing, the

burden of proof is the same as in an involuntary treatment hearing.
N.D. Cent. Code § 25-01.1-04 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-04
25-01.1-04. Books and accounts kept by supervising department
Status: in_force

25-01.1-04. Books and accounts kept by supervising department

The supervising department shall keep at its office a proper and complete system of books

and accounts with each institution under its control which must show every expenditure

authorized and made thereat. The book must exhibit an account of each extraordinary or special

appropriation made by the legislative assembly, with each item of expenditure thereof.
N.D. Cent. Code § 25-01.2-13 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-13
25-01.2-13. Education
Status: in_force

25-01.2-13. Education

Every child with a developmental disability is entitled to a free and appropriate education in

the least restrictive appropriate setting in accordance with chapter 15.1-32.
N.D. Cent. Code § 25-16.1-02 — ND Code / Title 25 / Chapter 25-16.1 / Section 25-16.1-02
25-16.1-02. Conditions for appointment of receiver
Status: in_force

25-16.1-02. Conditions for appointment of receiver

When the department has revoked the license of a provider agency, or when the operator of

a provider agency has requested, the department may file a petition with the district court to

place the provider agency under the control of a receiver if necessary to protect the health or

safety of clients at the provider agency. The court may grant the petition upon a finding that the

health or safety of the clients at the provider agency would be seriously threatened if a condition

existing at the time the petition was filed is permitted to continue. Such a finding may be based

upon evidence concerning the physical plant, the program and services offered by the provider

agency, but not solely upon evidence that a provider agency:

1. Has been denied a license to operate as a provider agency, or has had a previously

issued license revoked; or

2. Has been denied certification as an intermediate care facility for individuals with

intellectual disabilities, or has lost or had revoked such certification.
N.D. Cent. Code § 25-01.3-03 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-03
25-01.3-03. Director - Administrative authority
Status: in_force

25-01.3-03. Director - Administrative authority

The committee shall appoint a director, who serves at the will of the committee. The

committee shall set the salary of the director within the limits of the amount appropriated for

salaries by the legislative assembly. The director shall employ necessary staff, including

advocates, who must be classified under the state personnel merit system. The director and

other employees of the project are entitled to reimbursement for expenses incurred in carrying

out their duties at the same rate and in the same manner as other state officials and employees.

The director, with the advice and consent of the committee, may adopt rules for administration

of the project, the conduct of its employees, the performance of its business, and the custody,

use, and preservation of the records, documents, and property pertaining to the committee. The

director shall submit to the committee bimonthly reports concerning the status of revenue,

expenditures, and protection or advocacy efforts engaged in by project personnel.
N.D. Cent. Code § 25-02-07 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-07
25-02-07. Disposition of mentally ill nonresident
Status: repealed

25-02-07. Disposition of mentally ill nonresident

Repealed by S.L. 1961, ch. 211, § 9.
N.D. Cent. Code § 25-02-09 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-09
25-02-09. Care of patients to be impartial
Status: in_force

25-02-09. Care of patients to be impartial

All patients at the state hospital must be provided with equal care and treatment in

accordance with the different degrees or conditions of mental and physical health.
N.D. Cent. Code § 25-13-03 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-03
25-13-03. Driver of motor vehicle - Precaution - Individual with service animal
Status: in_force

25-13-03. Driver of motor vehicle - Precaution - Individual with service animal

If the driver of a motor vehicle approaches an individual who is blind or visually impaired

and who is carrying a cane predominately white or metallic in color, with or without a red tip, or

who is accompanied by a service animal, the driver shall take all reasonable precautions to

avoid injury to the individual and the service animal. Any driver who fails to take reasonable

precautions is liable to the individual for any injury caused. An individual who is blind or visually

impaired and not carrying a cane or an individual with a disability who is not accompanied by a

service animal has all of the rights and privileges conferred by law upon other individuals. The

failure of an individual who is blind or visually impaired to carry a cane or the failure of an

individual with a disability to be accompanied by a service animal is not by itself evidence of

fault.
N.D. Cent. Code § 25-02-18 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-18
25-02-18. Nonliability of certain officers for detention of mentally ill persons
Status: repealed

25-02-18. Nonliability of certain officers for detention of mentally ill persons

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-01.2-17 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-17
25-01.2-17. Enforcement of rights
Status: in_force

25-01.2-17. Enforcement of rights

Every individual with a developmental disability is entitled to enforce any of the rights

guaranteed by this chapter by civil action or any other remedy available by common law or

statute. In any proceeding to enforce these rights, the court may, in its discretion, award

reasonable attorney's fees and costs to a successful plaintiff. An individual with a developmental

disability who is successful in an administrative proceeding may also be awarded reasonable

attorney's fees and costs. Any award of attorney's fees and costs must be in addition to any

actual or punitive damages to which the individual may be entitled.
N.D. Cent. Code § 25-03.2-05 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-05
25-03.2-05. Content of license
Status: in_force

25-03.2-05. Content of license

The license to operate a psychiatric residential treatment facility for children must specify:

1. The name of the licensee.

2. The premises to which the license is applicable.

3. The number of children who may be received in the premises at any one time.

4. The date of expiration of the license.
N.D. Cent. Code § 25-01-10 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-10
25-01-10. Supervising officer may accept gifts and bequests - State treasurer to have custody of funds
Status: in_force

25-01-10. Supervising officer may accept gifts and bequests - State treasurer to have

custody of funds.

The supervising officer may accept in the name of the state and hold in trust for any

institution mentioned in this chapter any lands conveyed or devised and any money or other

personal property given or bequeathed for application to any purpose connected with such

institution. All moneys and property coming into the hands of the supervising officer as grants,

donations, devises, gifts, and bequests must be used for the specific purposes for which they

are granted, donated, devised, bequeathed, or given. If no terms are imposed upon the use of

any grant, donation, devise, bequest, or gift, it must be used for the general maintenance of the

institution for the benefit of which it is made.
N.D. Cent. Code § 25-01.2-02 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-02
25-01.2-02. Appropriate treatment, services, and habilitation - Treatment in least restrictive appropriate setting
Status: in_force

25-01.2-02. Appropriate treatment, services, and habilitation - Treatment in least

restrictive appropriate setting.

All individuals with developmental disabilities have a right to appropriate treatment,

services, and habilitation for those disabilities. Treatment, services, and habilitation for

individuals with a developmental disability must be provided in the least restrictive appropriate

setting.
N.D. Cent. Code § 25-01.2-16 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-16
25-01.2-16. Notice of rights
Status: in_force

25-01.2-16. Notice of rights

Any public or private agency or organization that provides services to an individual with a

developmental disability in an institution or facility shall post conspicuously in public areas a

summary of the rights that are set out in this chapter. In addition, upon commencement of

services or as soon after commencement as the recipient's condition permits, every recipient

who is eighteen years of age or older, the parents or custodian of all recipients under eighteen

years of age, and the guardian must be given written notice of the rights guaranteed by this

chapter.
N.D. Cent. Code § 25-06-02 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-02
25-06-02. Duties and responsibilities of North Dakota vision services - school for the blind
Status: in_force

25-06-02. Duties and responsibilities of North Dakota vision services - school for the

blind.

Within the limits of legislative appropriation, North Dakota vision services - school for the

blind shall:

1. Provide vision-specific services that include consultations, evaluations, information,

training, and educational services, including instruction in orientation, mobility, braille,

braille music, daily living skills, technology, career and technical education training,

and recreation.

2. Collect and distribute information on vision services and resources available in the

state.

3. Coordinate loans of adaptive devices, equipment, and materials.

4. Maintain a database of residents who are blind or have a visual impairment.

5. Facilitate collaboration with agencies and programs providing services to individuals

who are blind or have a visual impairment.

6. Assist residents to access appropriate services, including services available from the

vocational rehabilitation division, independent living centers, infant development

programs, developmental disabilities programs, the state library, local education

programs, and advocacy programs.

7. Serve as the national instructional materials access center authorized user for the

purpose of facilitating access to and conversion of accessible instructional materials in

alternate formats for use by blind individuals, individuals with visual impairment, and

students with other print disabilities.
N.D. Cent. Code § 25-16-10.1 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-10.1
25-16-10.1. Maximum annual return on investment
Status: repealed

25-16-10.1. Maximum annual return on investment

Repealed by S.L. 2003, ch. 231, § 3.
N.D. Cent. Code § 25-03.3-09 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-09
25-03.3-09. Right to counsel - Waiver
Status: in_force

25-03.3-09. Right to counsel - Waiver

1. Every respondent is entitled to legal counsel. Unless an appearance has been entered

on behalf of the respondent, the court, within twenty-four hours from the time the

petition was filed, exclusive of weekends or holidays, shall appoint counsel to

represent the respondent. If a respondent retains counsel, the retained counsel

immediately shall notify the court of that fact.

2. After consultation with counsel, the respondent may waive the right to counsel or the

right to any hearing provided pursuant to this chapter by notifying the court in writing.

The notification must clearly state the respondent's reasons for the waiver and the

respondent's counsel shall separately certify that counsel has explained to the

respondent the proceedings, the legal and factual issues, potential defenses, the

burden of proof, and possible outcomes of the proceedings. No guardian, guardian

ad litem, attorney, or other individual may waive the right to counsel on behalf of an

individual with an intellectual disability.

3. If the court determines that the respondent is indigent, the court shall appoint counsel

and order that appointed counsel be compensated by the county that is the

respondent's place of residence in a reasonable amount based upon time and

expenses.

4. The state's attorney of a county that has expended sums pursuant to subsection 3

may seek civil recovery of those sums from property of the respondent.

Commencement of the action must occur within six years after the date the sums were

paid. After notice and hearing, the court may order an individual to reimburse the

county for expenditures made on that individual's behalf pursuant to this chapter.
N.D. Cent. Code § 25-01-16 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-16
25-01-16. Treating patients cruelly - Penalty
Status: in_force

25-01-16. Treating patients cruelly - Penalty

Any person responsible for the care or custody of any person admitted to a state institution

in accordance with the provisions of this title, who treats the person admitted with severity,

harshness, or cruelty, or who abuses that person in any way, is guilty of a class A misdemeanor.
N.D. Cent. Code § 25-01.1-08 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-08
25-01.1-08. Inspection of institutions
Status: in_force

25-01.1-08. Inspection of institutions

The supervising department or its duly authorized representative shall visit and inspect the

institutions under its administration and control concerning administration, treatment, or finances

of such institutions at any time, but shall make such inspection at least twice each year. If

deemed necessary, the supervising department shall examine under oath the officers and

attendants, guards, and other employees and make such inquiries as will determine their fitness

for their respective duties.
N.D. Cent. Code § 25-04-03.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-03.1
25-04-03.1. Biennial report - Assistant superintendent
Status: repealed

25-04-03.1. Biennial report - Assistant superintendent

Repealed by S.L. 1989, ch. 338, § 6.
N.D. Cent. Code § 25-04-17 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-17
25-04-17. Reduction or writeoff of accounts - Report to legislative audit and fiscal review committee
Status: in_force

25-04-17. Reduction or writeoff of accounts - Report to legislative audit and fiscal

review committee.

The department may authorize the reduction or writeoff of an individual served's or

noneligible individual's past-due account from the life skills and transition center's financial

records upon determining that the account is not collectible. The department, by September first

after the close of each fiscal year, shall present a detailed report to the legislative audit and

fiscal review committee on the status of accounts receivable for that fiscal year. The report must

include:

1. An aging by individual classification of accounts remaining unpaid.

2. The amounts by individual classification by which accounts were reduced or written off

for reasons other than payment during that fiscal year.
N.D. Cent. Code § 25-01.2-12 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-12
25-01.2-12. Diet
Status: in_force

25-01.2-12. Diet

Every individual with a developmental disability receiving residential services in an

institution, facility, or individualized setting, must be allowed access to food at any time and meal

choices must be provided. Any public or private agency or organization licensed by the

department to provide services to an individual with a developmental disability shall document in

the individual's person-centered service plan any restrictions on access to or choice of food

because of health and safety concerns.
N.D. Cent. Code § 25-03.3-16 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-16
25-03.3-16. Limitation on findings as evidence in criminal proceedings
Status: in_force

25-03.3-16. Limitation on findings as evidence in criminal proceedings

Any determination made pursuant to this chapter regarding whether a respondent is a

sexually dangerous individual or has a congenital or acquired condition that is manifested by a

sexual disorder, a personality disorder, or other mental disorder or dysfunction is inadmissible in

any criminal proceeding against the respondent, including any criminal proceeding to determine

whether the respondent is fit to stand trial, incapable of forming requisite intent, or not guilty by

reason of lack of responsibility because of mental disease or defect.
N.D. Cent. Code § 25-07-04 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-04
25-07-04. Qualifications for admission to school for the deaf - Residents of state entitled to free education
Status: in_force

25-07-04. Qualifications for admission to school for the deaf - Residents of state

entitled to free education.

1. A child who is a resident of this state and who, because of deafness or a hearing

impairment, is unable to receive an education in the public schools, is entitled to attend

the school for the deaf at the expense of the state. A child is entitled to attend the

school at any age up to twenty-one.

2. The school for the deaf shall provide application forms upon request. A child may not

be admitted to the school until the child's application is completed and approved.

3. The school for the deaf shall provide transportation to any child who has been

admitted, in accordance with the child's individual education plan.

4. Any child who is a resident of this state and who is deaf or hearing impaired is entitled

to receive special education and related services in accordance with the child's

individual education program. Each individual education program must address the

child's academic, recreational, and leisure needs, as well as the acquisition of

independent living skills and career and technical education opportunities.
N.D. Cent. Code § 25-16-16 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-16
25-16-16. Owner compensation for services provided
Status: repealed

25-16-16. Owner compensation for services provided

Repealed by S.L. 2003, ch. 231, § 3.
N.D. Cent. Code § 25-02-05 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-05
25-02-05. Superintendent to furnish forms and bylaws to county mental health boards
Status: repealed

25-02-05. Superintendent to furnish forms and bylaws to county mental health

boards.

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-14-02 — ND Code / Title 25 / Chapter 25-14 / Section 25-14-02
25-14-02. Department of health and human services shall administer compact
Status: in_force

25-14-02. Department of health and human services shall administer compact

The department of health and human services may negotiate and enter contracts on behalf

of the state pursuant to article III of the compact and may perform such contracts; provided that

no funds, personnel, facilities, equipment, supplies, or materials shall be pledged, committed, or

used on account of any such contract unless legally available therefor.
N.D. Cent. Code § 25-04-15.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-15.1
25-04-15.1. Statute of limitations not bar to recovery
Status: in_force

25-04-15.1. Statute of limitations not bar to recovery

No statute of limitations or similar statute or the doctrine of laches may bar the recovery of

costs of care furnished under this chapter. It is not necessary to bill currently any person for

those accounts determined to be inactive, currently uncollectible, or for which it has been

determined as provided by law that there is no present ability to pay. Current billings may be

made for amounts chargeable by law or for which it has been determined the responsible party

presently has an ability to pay, but the manner of billing may not affect the total amount due.

This section applies to claims for the cost of care furnished on or after July 1, 1961.
N.D. Cent. Code § 25-01.1-19 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-19
25-01.1-19. Funds belonging to institutions or patients to be paid to superintendent
Status: in_force

25-01.1-19. Funds belonging to institutions or patients to be paid to superintendent

Each officer and employee of all state institutions under the management and control of the

supervising department shall pay over to the superintendent of the institution without delay any

funds which may come into the officer's or employee's hands belonging to any patient of the

institution and of which the superintendent is the legal custodian. An officer or employee shall

pay over to the proper officer of the institution without delay any funds belonging to the

institution.
N.D. Cent. Code § 25-04-13 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-13
25-04-13. Guardianship of person and estate - Superintendent and director of institutions to act as guardians in lieu of court appointment or assumption by parent
Status: repealed

25-04-13. Guardianship of person and estate - Superintendent and director of

institutions to act as guardians in lieu of court appointment or assumption by parent.

Repealed by S.L. 1973, ch. 257, § 82.
N.D. Cent. Code § 25-06-07 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-07
25-06-07. Instruction at school for the blind
Status: repealed

25-06-07. Instruction at school for the blind

Repealed by S.L. 2001, ch. 257, § 5.
N.D. Cent. Code § 25-04-01 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-01
25-04-01. Life skills and transition center - Name - Administration and control
Status: in_force

25-04-01. Life skills and transition center - Name - Administration and control

A facility for individuals with developmental disabilities must be maintained at or near the

city of Grafton in Walsh County. The facility must be known and designated as the life skills and

transition center. The department has administrative authority and control of the life skills and

transition center.
N.D. Cent. Code § 25-01.1-17 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-17
25-01.1-17. Moneys remitted to state treasurer
Status: in_force

25-01.1-17. Moneys remitted to state treasurer

All moneys belonging to the state, derived from any source at any of the institutions under

the control of the supervising department, must be accounted for and remitted to the state

treasurer not later than the tenth day of each month. The state treasurer shall maintain a special

operating fund within the state treasury for each remitting institution. All rents, interests, or

income from land, money, or property donated or granted by the United States and allocated to

specific charitable institutions under the terms of the Enabling Act and the Constitution of North

Dakota must be deposited in such special operating fund of each institution and expended in

accordance with section 1 of article IX of the Constitution of North Dakota. The state treasurer

shall make periodic transfers upon order of the director of the office of management and budget

from each institutional general fund appropriation to the appropriate institutional special

operating fund whenever its balance falls so low as to require supplementation. All funds for

necessary expenditures of such institutions must be drawn from the special operating fund in

the state treasury as provided by this chapter.
N.D. Cent. Code § 25-01.1-03 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-03
25-01.1-03. Adopt uniform system of accounting
Status: in_force

25-01.1-03. Adopt uniform system of accounting

The supervising department shall devise and install a system of accounting and auditing of

all moneys appropriated, received, and expended. Such system must be adapted to the

institutions under its control and must be made as nearly uniform as the necessities of the case

may permit and in accordance with requirements of the office of management and budget.
N.D. Cent. Code § 25-03.1-20 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-20
25-03.1-20. Involuntary treatment hearing - Findings and dispositions
Status: in_force

25-03.1-20. Involuntary treatment hearing - Findings and dispositions

If an individual is found at the involuntary treatment hearing to be a person requiring

treatment, the findings and conclusions must be entered in the record of the proceedings and

the court may:

1. Order the individual to undergo a program of treatment other than hospitalization;

2. Order the individual hospitalized in a public institution; or

3. Order the individual hospitalized in any other private hospital if the attending physician

agrees. The reason supporting the court's particular treatment order must be entered

in the record.
N.D. Cent. Code § 25-07-10 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-10
25-07-10. Deaf persons - Duty to report
Status: in_force

25-07-10. Deaf persons - Duty to report

It is the duty of every public school superintendent, physician, otologist, audiologist, nurse,

clinic, hospital, and social and welfare agency in this state to report in writing to the

superintendent of the North Dakota school for the deaf the name, age, and residence of persons

under the age of twenty-one years who are deaf or hard of hearing, and in such cases to furnish

such additional pertinent information as the superintendent of the North Dakota school for the

deaf may request. All reports must be forwarded to said superintendent of the school for the

deaf within thirty days after diagnosis, examination, or discovery.
N.D. Cent. Code § 25-03.1-13 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-13
25-03.1-13. Right to counsel - Indigency - Waiver - Recoupment - Limitations
Status: in_force

25-03.1-13. Right to counsel - Indigency - Waiver - Recoupment - Limitations

1. Every respondent under this chapter is entitled to legal counsel. The counsel has

access to the respondent's medical records upon proof of representation.

2. Unless an appearance has been entered on behalf of the respondent, the court shall,

within twenty-four hours, exclusive of weekends or holidays, from the time the petition

was filed, appoint counsel to represent the respondent. If a respondent retains

counsel, the retained counsel shall immediately notify the court of that fact.

3. If, after consultation with counsel, the respondent wants to waive the right to counsel

or the right to any of the hearings provided for under this chapter, the respondent may

do so by notifying the court in writing. The notification must clearly state the

respondent's reasons for the waiver and must also be signed by counsel.

4. If the court determines that the respondent is indigent, the court shall order that

appointed counsel be compensated from county funds of the county that is the

respondent's place of residence in a reasonable amount based upon time and

expenses. After notice and hearing, the court may order a respondent with appointed

counsel to reimburse the county for expenditures made on the respondent's behalf.

5. If the state's attorney of a county that has expended sums under subsection 4 on

behalf of a respondent who is liable to reimburse the county determines that the

respondent may have funds or property to reimburse the county, the state's attorney

shall seek civil recovery of those sums. Commencement of the action must occur

within six years after the date the sums were paid.
N.D. Cent. Code § 25-03.1-10.1 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-10.1
25-03.1-10.1. Use of telemedicine technology authorized
Status: in_force

25-03.1-10.1. Use of telemedicine technology authorized

For purposes of court-ordered examinations conducted under this chapter, an expert

examiner may use telemedicine technologies to assist the expert examiner in conducting those

examinations.
N.D. Cent. Code § 25-06-01 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-01
25-06-01. North Dakota vision services - school for the blind - Maintained - Location
Status: in_force

25-06-01. North Dakota vision services - school for the blind - Maintained - Location

There must be maintained at Grand Forks, in Grand Forks County, a statewide service,

resource, and referral center for the education and training of all residents of this state who are

blind or have a visual impairment and to serve as the national instructional materials access

center authorized user for the purpose of facilitating access to and conversion of accessible

instructional materials in alternate formats for use by blind individuals, individuals with visual

impairment, and students with other print disabilities, which must be known as the North Dakota

vision services - school for the blind.
N.D. Cent. Code § 25-03.3-11 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-11
25-03.3-11. Preliminary hearing - Probable cause
Status: in_force

25-03.3-11. Preliminary hearing - Probable cause

The respondent is entitled to a preliminary hearing within seventy-two hours of being taken

into custody pursuant to an order of the court, excluding weekends and holidays, unless the

respondent knowingly waives the preliminary hearing pursuant to section 25-03.3-09. The

respondent has a right to be present, to testify, and to present and cross-examine witnesses at

any preliminary hearing. The court may receive evidence that would otherwise be inadmissible

at a commitment hearing. If the court determines after a preliminary hearing that there is

probable cause to believe the respondent is a sexually dangerous individual, the court shall

order that the respondent be transferred to an appropriate treatment facility for an evaluation as

to whether the respondent has a congenital or acquired condition that is manifested by a sexual

disorder, a personality disorder, or other mental disorder or dysfunction that makes the

respondent likely to engage in further acts of sexually predatory conduct. If the court determines

that probable cause does not exist to believe that the respondent is a sexually dangerous

individual, the court shall dismiss the petition. If the respondent waives the preliminary hearing,

then the respondent must be immediately transferred to an appropriate treatment facility for an

evaluation as to whether the respondent has a congenital or acquired condition that is

manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction

that makes the respondent likely to engage in further acts of sexually predatory conduct. An

individual with an intellectual disability may be evaluated under this chapter at a facility only if

that facility provides care and treatment to individuals with an intellectual disability.
N.D. Cent. Code § 25-03.1-24 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-24
25-03.1-24. Right to treat
Status: in_force

25-03.1-24. Right to treat

State hospital or treatment facility personnel may treat a patient with prescribed medication

or a less restrictive alternative if, in the opinion of a psychiatrist or physician, these treatments

are necessary to prevent bodily harm to the patient or others or to prevent imminent

deterioration of the respondent's physical or mental condition and there is not time to obtain a

court order. This chapter does not prohibit a hospital from rendering emergency medical care

without the need for consultation, if in the exercise of sound medical judgment that care is

immediately necessary and delay would endanger the life of or adversely and substantially

affect the health of the patient.
N.D. Cent. Code § 25-04-09 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-09
25-04-09. Expense for care of inmates to be charge upon county - County to remit to state treasurer
Status: repealed

25-04-09. Expense for care of inmates to be charge upon county - County to remit to

state treasurer.

Repealed by S.L. 1961, ch. 211, § 9.
N.D. Cent. Code § 25-06-08 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-08
25-06-08. Accounts for clothing - How collected
Status: repealed

25-06-08. Accounts for clothing - How collected

Repealed by S.L. 1997, ch. 244, § 4.
N.D. Cent. Code § 25-16-06 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-06
25-16-06. Department to prescribe forms - Rules
Status: in_force

25-16-06. Department to prescribe forms - Rules

The department may prescribe forms for the registration and record of an eligible individual

and may adopt reasonable rules necessary to carry out the purposes of this chapter.
N.D. Cent. Code § 25-01-08 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-08
25-01-08. Discharge of subordinate officers and employees
Status: in_force

25-01-08. Discharge of subordinate officers and employees

The superintendent of any institution mentioned in this chapter may discharge any person

employed therein, subject to such restrictions as may be placed upon such power by the

supervising officer. The superintendent shall show in the record of any person discharged the

reason therefor.
N.D. Cent. Code § 25-06-01.1 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-01.1
25-06-01.1. Definitions
Status: in_force

25-06-01.1. Definitions

For purposes of this chapter:

1. An individual who is blind means an individual who is totally blind or whose central

visual acuity does not exceed twenty/two hundred in the better eye with corrective

lenses, or the widest diameter of the visual field is no greater than twenty degrees;

2. An individual with a visual impairment means an individual with an impairment in vision

which, even with correction, adversely affects the individual's functional ability; and

3. A student with print disabilities means a student enrolled in elementary or secondary

school who has an individualized education program, which includes documentation of

either an inability to read or use standard printed material as a result of physical

limitations or a reading disability resulting from an organic dysfunction that has been

certified by competent authority to be of sufficient severity to prevent reading of printed

material in a normal manner.
N.D. Cent. Code § 25-03.3-04 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-04
25-03.3-04. Retention of records
Status: in_force

25-03.3-04. Retention of records

Notwithstanding any other provision of law, all adult and juvenile case files and court

records of an alleged offense defined by chapters 12.1-20 and 12.1-27.2 must be retained for

twenty-five years and made available to any state's attorney for purposes of investigation or

proceedings pursuant to this chapter. If the subject of a case file or court record has died before

the expiration of the twenty-five-year period, the official, department, or agency possessing the

case files and records shall maintain the case files and records in accordance with the case file

and records retention policies of that official, department, or agency. For purposes of this

section, "adult and juvenile case files" mean the subject's medical, psychological, and treatment

clinical assessments, evaluations, and progress reports; offenses in custody records; case

notes; and criminal investigation reports and records.
N.D. Cent. Code § 25-01.1-32 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-32
25-01.1-32. Examination of monthly payroll - Payment
Status: in_force

25-01.1-32. Examination of monthly payroll - Payment

When the monthly statement of the payroll of an institution has been audited by the

supervising department and found correct, the supervising department shall prepare an

abstract, in duplicate, showing the name, residence, and the amount due each claimant, and the

institution and the fund from which the payment shall be made. The supervising department

shall deliver one copy thereof to the office of management and budget and the other copy must

be retained in the office of the supervising department. The office of management and budget,

upon receipt of the certified abstract, after approval by the office of the budget, shall issue a

warrant or warrants for the amounts thereof and shall deliver the same to the supervising

department for delivery to the proper officer of the institution, to be paid out in accordance with

such rules as the supervising department may prescribe.
N.D. Cent. Code § 25-07-01.1 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-01.1
25-07-01.1. School for the deaf - Appointment of superintendent, budget, staff, and reporting structure
Status: in_force

25-07-01.1. School for the deaf - Appointment of superintendent, budget, staff, and

reporting structure.

The superintendent of the school for the deaf is appointed by and reports to the

superintendent of public instruction. The school for the deaf must have a separate budget and

separate staff from the department of public instruction.
N.D. Cent. Code § 25-07-01 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-01
25-07-01. School for the deaf - Maintained - Location - Purpose
Status: in_force

25-07-01. School for the deaf - Maintained - Location - Purpose

There must be maintained at Devils Lake, in Ramsey County, a school for the deaf, which

may provide education and training and serve as a resource and referral center for individuals

who are deaf or hearing impaired.
N.D. Cent. Code § 25-01-13 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-13
25-01-13. Members of board and officers of institutions not to be interested in certain contracts
Status: repealed

25-01-13. Members of board and officers of institutions not to be interested in certain

contracts.

Repealed by S.L. 1965, ch. 203, § 86.
N.D. Cent. Code § 25-17-02 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-02
25-17-02. Rulemaking requirement
Status: in_force

25-17-02. Rulemaking requirement

The department shall adopt rules necessary to implement this chapter.
N.D. Cent. Code § 25-03.1-28 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-28
25-03.1-28. Records and proceedings
Status: in_force

25-03.1-28. Records and proceedings

A record must be made of all court hearings conducted under this chapter and a copy must

be provided to the respondent upon request for purposes of appellate review of the

proceedings. If the respondent is indigent, the copy must be provided free of charge, with the

expense thereof borne by the county of residence of the respondent.
N.D. Cent. Code § 25-01.2-01 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-01
25-01.2-01. Definitions
Status: in_force

25-01.2-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Applicant" means an entity that has requested licensure from the department.

2. "Department" means the department of health and human services.

3. "Developmental disability" means a severe, chronic disability of an individual which:

a. Is attributable to a mental or physical impairment or combination of mental and

physical impairments, including Down syndrome and fetal alcohol spectrum

disorders, including fetal alcohol syndrome, partial fetal alcohol syndrome, and

alcohol-related neurodevelopmental disorder;

b. Is manifested before the individual attains age twenty-two;

c. Is likely to continue indefinitely;

d. Results in substantial functional limitations in three or more of the following areas

of major life activity:

(1) Self-care;

(2) Receptive and expressive language;

(3) Learning;

(4) Mobility;

(5) Self-direction;

(6) Capacity for independent living; and

(7) Economic sufficiency; and

e. Reflects the individual's needs for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services which are of lifelong

or extended duration and are individually planned and coordinated.

4. "Individualized setting" means a setting where an individual owns or rents the

individual's residence and a public or private agency or organization provides services

to an individual with a developmental disability.

5. "Institution or facility" means any school, hospital, residence center, group home, or

any other setting operated by any public or private agency or organization, that

provides services to an individual with a developmental disability.

6. "Least restrictive appropriate setting" means that setting that allows an individual with

a developmental disability to develop and realize the individual's fullest potential and

enhances the individual's ability to cope with the individual's environment without

unnecessarily curtailing fundamental personal liberties.

7. "License" means authorization by the department to provide services to individuals

with developmental disabilities, pursuant to chapter 25-16.

8. "Service or services to an individual with a developmental disability" means services

provided by any public or private agency or organization, directed toward the

alleviation of a developmental disability or toward the social, personal, physical, or

economic habilitation or rehabilitation of an individual with a developmental disability.
N.D. Cent. Code § 25-03.1-40 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-40
25-03.1-40. Rights of patients
Status: in_force

25-03.1-40. Rights of patients

Each patient of a treatment facility retains the following rights, subject only to the limitations

and restrictions authorized by section 25-03.1-41. A patient has the right:

1. To receive appropriate treatment for mental and physical ailments and for the

prevention of illness or disability.

2. To the least restrictive conditions necessary to achieve the purposes of treatment.

3. To be treated with dignity and respect.

4. To be free from unnecessary restraint and isolation.

5. To visitation and telephone communications.

6. To send and receive sealed mail.

7. To keep and use personal clothing and possessions.

8. To regular opportunities for outdoor physical exercise.

9. To be free to exercise religious faith of choice.

10. To be free from unnecessary medication.

11. To exercise all civil rights, including the right of habeas corpus.

12. Not to be subjected to experimental research without the express and informed written

consent of the patient or of the patient's guardian.

13. Not to be subjected to psychosurgery or electroconvulsive treatment without the

express and informed written consent of the patient or of the patient's guardian.

14. In a manner appropriate to the patient's capabilities, to ongoing participation in the

planning of services.

15. Not to be required to participate in the development of an individual treatment plan.

16. To be free from aversive reinforcement conditioning.
N.D. Cent. Code § 25-01.2-10 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-10
25-01.2-10. Seclusion or physical restraint - Administrator to be notified
Status: in_force

25-01.2-10. Seclusion or physical restraint - Administrator to be notified

1. Whenever an individual with a developmental disability receiving services from a

public or private agency or organization not licensed by the department, is placed in

seclusion or is physically restrained, the public or private agency or organization

administrator or the administrator's representative must be notified and shall determine

if the isolation or restraint is necessary. The isolation or restraint may be continued

only upon written order of the administrator or the administrator's representative and

for a period of not more than twenty-four hours. Any individual who is in seclusion or

who is physically restrained must be checked by an attendant at least once every thirty

minutes.

2. A public or private agency or organization licensed by the department to provide

services to an individual with a developmental disability may not place an individual in

seclusion. In order to use physical restraints, the restraint must be in compliance with

the individual's person-centered service plan or done in accordance with the public or

private agency's or organization's emergency restraint policy.
N.D. Cent. Code § 25-02-14 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-14
25-02-14. Duties of chairman of county mental health board
Status: repealed

25-02-14. Duties of chairman of county mental health board

Repealed by S.L. 1977, ch. 239, § 48.
N.D. Cent. Code § 25-06-04 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-04
25-06-04. Qualifications for admission to school for the blind - Residents of state entitled to free education
Status: repealed

25-06-04. Qualifications for admission to school for the blind - Residents of state

entitled to free education.

Repealed by S.L. 2001, ch. 257, § 5.
N.D. Cent. Code § 25-11-04 — ND Code / Title 25 / Chapter 25-11 / Section 25-11-04
25-11-04. Discharge of financial obligations
Status: in_force

25-11-04. Discharge of financial obligations

The compact administrator, subject to the approval of the state treasurer, may make or

arrange for any payments necessary to discharge any financial obligations imposed upon this

state by the compact or by any supplementary agreement entered into thereunder.
N.D. Cent. Code § 25-07-06 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-06
25-07-06. Instruction at school for the deaf
Status: in_force

25-07-06. Instruction at school for the deaf

The superintendent of the school for the deaf shall provide special education and related

services designed to meet the unique needs of each child who is deaf or hearing impaired, in

accordance with the child's individual education program.
N.D. Cent. Code § 25-03.1-35 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-35
25-03.1-35. Treatment by an agency of the United States
Status: in_force

25-03.1-35. Treatment by an agency of the United States

1. If a respondent under this chapter is eligible for treatment by any agency of the United

States, the court, upon receipt of notice from that agency showing that facilities are

available and that the individual is eligible for care or treatment therein, may order the

respondent placed in the custody of the agency for treatment. Any individual admitted

under the order of the court to any treatment facility operated by any agency of the

United States within or without the state is subject to the rules and regulations of the

agency. The chief officer of any treatment facility operated by an agency has the same

powers as the heads of treatment facilities within this state with respect to detention,

custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained

in the committing court of this state at any time to inquire into the mental condition of

an individual so transferred or placed and to determine the necessity for continuance

of treatment.

2. An order of a court of competent jurisdiction of another state or of the District of

Columbia authorizing treatment of an individual by any agency of the United States

has the same force and effect as to the individual while in this state as in the

geographical jurisdiction of the court entering the order; and the courts of the state or

district issuing the order retain jurisdiction of the individual for the purposes of inquiring

into the individual's mental condition and of determining the necessity for continuance

of treatment. Consent is hereby given to the application of the law of the state or

district in which the court issuing the order for treatment is located with respect to the

authority of the chief officer of any treatment facility operated in this state by any

agency of the United States to retain custody, transfer, conditionally release, or

discharge the individual being treated.
N.D. Cent. Code § 25-06-10 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-10
25-06-10. Purchase and resale of vision-specific adaptive aids, devices, and appliances - Revolving fund - Continuing appropriation
Status: in_force

25-06-10. Purchase and resale of vision-specific adaptive aids, devices, and

appliances - Revolving fund - Continuing appropriation.

A revolving vision aids, devices, and appliances fund is hereby established in the state

treasury to be used by the North Dakota vision services - school for the blind to purchase and

resell vision-specific adaptive aids, devices, and appliances to be used by blind and visually

impaired persons resident in this state. The North Dakota vision services - school for the blind

may apply service charges when needed to cover the cost of purchasing, invoicing, and

shipping, and all revenue from the sale of aids, appliances, devices, and shipping and postage

fees must be deposited in the fund. The North Dakota vision services - school for the blind may

receive gifts, grants, and donations for deposit in and use by the fund. All moneys in the

revolving fund are hereby appropriated to the North Dakota vision services - school for the blind

on a continuing basis for expenditure for the purposes of this section.
N.D. Cent. Code § 25-03.1-01 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-01
25-03.1-01. Legislative intent
Status: in_force

25-03.1-01. Legislative intent

The provisions of this chapter are intended by the legislative assembly to:

1. Provide prompt evaluation and treatment of persons with serious mental disorders or a

substance use disorder.

2. Safeguard individual rights.

3. Provide continuity of care for persons with serious mental disorders or a substance

use disorder.

4. Encourage the full use of all existing agencies, professional personnel, and public

funds to prevent duplication of services and unnecessary expenditures.

5. Encourage, whenever appropriate, that services be provided within the community.
N.D. Cent. Code § 25-03.1-16 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-16
25-03.1-16. Medication pending treatment order
Status: in_force

25-03.1-16. Medication pending treatment order

A patient who has requested release or an individual who is the subject of a petition for

treatment has the right to refuse medication and other forms of treatment before the preliminary

or treatment hearing. However, a physician, a physician assistant, or an advanced practice

registered nurse may prescribe medication or a less restrictive alternative if it is necessary to

prevent bodily harm to the respondent or others or to prevent imminent deterioration of the

respondent's physical or mental condition. The patient has the right to be free of the effects of

medication at the preliminary or treatment hearing by discontinuance of medication no later than

twenty-four hours before the hearing unless, in the opinion of the prescriber, the need for the

medication still exists or discontinuation would hamper the respondent's preparation for and

participation in the proceedings.
N.D. Cent. Code § 25-03.2-09 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-09
25-03.2-09. Hearing on denial or revocation of license
Status: in_force

25-03.2-09. Hearing on denial or revocation of license

In any case in which the department determines that a license should be revoked or an

application for a license should be denied, written reasons for the revocation or denial must be

provided to the licensee or applicant. The licensee or applicant is entitled to a hearing before the

department if a hearing is requested within ten days after the charges are provided.
N.D. Cent. Code § 25-01.1-18 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-18
25-01.1-18. Property of institution is property of state
Status: in_force

25-01.1-18. Property of institution is property of state

All public property of every kind and all public money in the charge of the superintendent of

any institution under the control of the supervising department, or that comes to the

superintendent's control on account of the institution under the superintendent's charge, or from

the business thereof, is the property of the state and at all times must be kept separate and

apart from the property of such superintendent.
N.D. Cent. Code § 25-03.1-34.1 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-34.1
25-03.1-34.1. Exchange of individuals with a substance use disorder
Status: in_force

25-03.1-34.1. Exchange of individuals with a substance use disorder

The commissioner of the department of health and human services or designee, a county, a

city, or a local law enforcement agency may enter into reciprocal agreements with the

appropriate authorities of any other state regarding the mutual exchange, return, and

transportation of individuals with a mental illness or substance use disorder who are treated or

confined in hospitals of one state for treatment of a substance use disorder or mental illness but

who have legal residence in another state.
N.D. Cent. Code § 25-03.2-01 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-01
25-03.2-01. Definitions
Status: in_force

25-03.2-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Child" or "children" means a person or persons under the age of twenty-one.

2. "Clinical supervision" means the oversight responsibility for individual treatment plans

and individual service delivery.

3. "Department" means the department of health and human services.

4. "Diagnostic assessment" means a written summary of the history, diagnosis, and

individual treatment needs of a mentally ill person using diagnostic, interview, and

other relevant assessment techniques.

5. "Individual treatment plan" means a written plan of intervention, treatment, and

services for a mentally ill person that is developed under the clinical supervision of a

mental health professional on the basis of a diagnostic assessment.

6. "Mentally ill person" has the same meaning provided for in section 25-03.1-02.

7. "Psychiatric residential treatment facility for children" means a facility or a distinct part

of a facility that provides to children a total, twenty-four hour, therapeutic environment

integrating group living, educational services, and a clinical program based upon a

comprehensive, interdisciplinary clinical assessment, and an individualized treatment

plan that meets the needs of the child and family. The services are available to

children in need of and able to respond to active psychotherapeutic intervention and

who cannot be effectively treated in their own family, in another home, or in a less

restrictive setting. The facility must meet the requirements of a psychiatric residential

treatment facility as set out in title 42, Code of Federal Regulations, part 483.352.

8. "Residential treatment" means a twenty-four hour a day program under the clinical

supervision of a mental health professional, in a community residential setting other

than an acute care hospital, for the active treatment of mentally ill persons.

9. "Serious risk of harm" means a substantial likelihood of:

a. Suicide, as manifested by current suicidal threats, attempts, or significant

depression creating immediate risk of suicide;

b. Killing or inflicting serious bodily harm to self or another person, as manifested by

current act; or

c. Substantial deterioration in physical health or substantial injury, disease, or death

based on current poor self-control or judgment.
N.D. Cent. Code § 25-04-04.1 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-04.1
25-04-04.1. Program management for an individual
Status: in_force

25-04-04.1. Program management for an individual

The department shall ensure active program management is maintained for individuals

served and noneligible individuals receiving residential services at the life skills and transition

center.
N.D. Cent. Code § 25-01.1-05 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-05
25-01.1-05. Blanks and forms furnished by supervising department
Status: in_force

25-01.1-05. Blanks and forms furnished by supervising department

The supervising department shall formulate and furnish to each institution under its control

proper blanks and forms for all statements and accounts necessary to furnish the information

required of the institution.
N.D. Cent. Code § 25-01-06 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-06
25-01-06. Duty of superintendent and the supervising officer in case of questionable commitment
Status: in_force

25-01-06. Duty of superintendent and the supervising officer in case of questionable

commitment.

The superintendent of the state hospital and the superintendent of the life skills and

transition center shall notify the supervising officer immediately if there is any question as to the

propriety of the commitment or detention of any person received at the institution, and the

supervising officer, upon such notification, shall inquire into the matter presented and shall take

such action as may be deemed proper in the premises.
N.D. Cent. Code § 25-03.3-18 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-18
25-03.3-18. Petition for discharge - Notice
Status: in_force

25-03.3-18. Petition for discharge - Notice

1. Annually, the commissioner shall provide the committed individual with written notice

that the individual has a right to petition the court for discharge. The notice must

explain to the committed person when the committed person has a right to a hearing

on the petition. The notice must inform the committed person of the rights this chapter

affords the committed person at a discharge hearing. The commissioner shall forward

a copy of the notice to the committing court. If the committed individual is an individual

with an intellectual disability, the commissioner shall also provide the written notice to

the individual's attorney, guardian, and guardian ad litem, if any.

2. If the committed individual files a petition for discharge and has not had a hearing

pursuant to section 25-03.3-17 or this section during the preceding twelve months, the

committed individual has a right to a hearing on the petition.

3. At the hearing on the petition for discharge, the committed individual is entitled to be

present and to the benefit of the protections afforded at the commitment proceeding.

The state's attorney shall represent the state and may have the committed individual

evaluated by experts chosen by the state. The committed individual is entitled to have

an expert of the committed individual's choice conduct an evaluation. The court shall

appoint a qualified expert if the committed individual is indigent and requests an

appointment. The department of health and human services shall compensate a

qualified expert appointed by the court in a reasonable amount based on time and

expenses. That expert must have reasonable access to the committed individual and

to all records relating to the committed individual, including confidential records.

4. At any hearing held pursuant to a petition for discharge, the burden of proof is on the

state to show by clear and convincing evidence that the committed individual remains

a sexually dangerous individual.
N.D. Cent. Code § 25-03.1-18.1 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-18.1
25-03.1-18.1. Court-authorized involuntary treatment with prescribed medication
Status: in_force

25-03.1-18.1. Court-authorized involuntary treatment with prescribed medication

1. a. Upon notice and hearing, a tier 1b mental health professional may request

authorization from the court to treat an individual under a mental health treatment

order, or an individual voluntarily admitted to a public treatment facility under

section 25-03.1-04, with prescribed medication. The request may be considered

by the court in an involuntary treatment hearing. As a part of the request, a

psychiatrist or a final year psychiatric resident physician not involved in the

current diagnosis or treatment of the patient shall certify:

(1) That the proposed prescribed medication is clinically appropriate and

necessary to effectively treat the patient and that the patient is a person

requiring treatment;

(2) That the patient was offered that treatment and refused it or that the patient

lacks the capacity to make or communicate a responsible decision about

that treatment;

(3) That prescribed medication is the least restrictive form of intervention

necessary to meet the treatment needs of the patient; and

(4) That the benefits of the treatment outweigh the known risks to the patient.

b. The court shall inquire whether the patient has had a sufficient opportunity to

adequately prepare to meet the issue of involuntary treatment with prescribed

medication and, at the request of the patient, the court may continue the

involuntary treatment hearing for a period not exceeding seven days or may

appoint an independent expert examiner as provided in subsection 4.

2. a. Evidence of the factors certified under subsection 1 may be presented to the

court at an involuntary treatment hearing held pursuant to sections 25-03.1-19

and 25-03.1-22, or at a separate hearing after motion and notice. The court in

ruling on the requested authorization for involuntary treatment with prescribed

medication shall consider all relevant evidence presented at the hearing,

including:

(1) The danger the patient presents to self or others;

(2) The patient's current condition;

(3) The patient's treatment history;

(4) The results of previous medication trials;

(5) The efficacy of current or past treatment modalities concerning the patient;

(6) The patient's prognosis; and

(7) The effect of the patient's mental condition on the patient's capacity to

consent.

b. Involuntary treatment with prescribed medication may not be authorized by the

court solely for the convenience of facility staff or for the purpose of punishment.

3. If the factors certified under subsection 1 have been demonstrated by clear and

convincing evidence, the court may include in its involuntary treatment order a

provision, or it may issue a separate order after notice and hearing, authorizing the tier

1b mental health professional to involuntarily treat the patient with prescribed

medication on such terms and conditions as are appropriate. The order for involuntary

treatment with prescribed medication, however, may not be in effect for more than

ninety days.

4. If a patient has requested an examination by an independent expert examiner under

this chapter, and if the tier 1b mental health professional has requested authorization

for involuntary treatment with prescribed medication, only a psychiatrist or final year

psychiatric resident physician may independently examine the patient as to the issue

of involuntary treatment with prescribed medication.
N.D. Cent. Code § 25-16.1-05 — ND Code / Title 25 / Chapter 25-16.1 / Section 25-16.1-05
25-16.1-05. Accounting
Status: in_force

25-16.1-05. Accounting

Upon the termination of the receivership, the receiver shall render a complete accounting to

the court and shall dispose of surplus funds as the court directs.
N.D. Cent. Code § 25-01.3-09 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-09
25-01.3-09. Conflict of interest
Status: in_force

25-01.3-09. Conflict of interest

In any situation in which the project is representing, or has been requested to represent, two

or more persons with developmental disabilities or mental illnesses, if those persons have

conflicting interests in the matter for which the project is requested to act, the project may

provide services to the first person making application for services for that purpose. Any

additional person, with conflicting interests, may be referred to another agency or individuals for

assistance.
N.D. Cent. Code § 25-01-03 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-03
25-01-03. Supervising officer to appoint superintendent of institutions - Salaries - Removal
Status: in_force

25-01-03. Supervising officer to appoint superintendent of institutions - Salaries -

Removal.

1. The supervising officer shall appoint a superintendent for each of the institutions under

its control, except for the state hospital, where the supervising officer shall appoint a

superintendent in consultation with a state hospital governing body.

2. The tenure of office of each superintendent is two years from the date of the

superintendent's appointment, and the superintendent must possess qualifications

required by this title. Any superintendent may be removed by the supervising officer for

misconduct, neglect of duty, incompetency, or other proper cause showing the

superintendent's inability or refusal properly to perform the duties of office. A removal

at a time other than a termination of the superintendent's two-year tenure may be had

only after an opportunity is given to the person to be heard before a board consisting

of the governor, attorney general, and supervising officer of the institution on preferred

written charges. A removal when made, however, is final. This subsection does not

apply to the superintendent of the life skills and transition center, the superintendent of

North Dakota vision services - school for the blind, or the superintendent of the school

for the deaf, whose positions are included in the classified service as provided in

section 54-44.3-20.

3. The supervising officer shall fix the compensation of each superintendent within the

limits prescribed in this title and within the appropriations made by the legislative

assembly for compensation.
N.D. Cent. Code § 25-16-12 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-12
25-16-12. Efforts to obtain private and governmental grants
Status: in_force

25-16-12. Efforts to obtain private and governmental grants

The department and the provider agency may exert all possible efforts to obtain grants, both

private and governmental, for the care, custody, treatment, training, and education of individuals

with a developmental disability.
N.D. Cent. Code § 25-01.1-12 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-12
25-01.1-12. Report to governor any abuses and wrongs existing in institutions
Status: in_force

25-01.1-12. Report to governor any abuses and wrongs existing in institutions

The supervising department shall investigate and report to the governor any abuses or

wrongs alleged to exist in the institutions under its control and management.
N.D. Cent. Code § 25-04-11.2 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-11.2
25-04-11.2. Liability for care and treatment of nonresident individuals served
Status: in_force

25-04-11.2. Liability for care and treatment of nonresident individuals served

Nonresident individuals served by the life skills and transition center and nonresident

responsible relatives of individuals served are liable for the chargeable costs of care and

treatment at the life skills and transition center.
N.D. Cent. Code § 25-13-02.2 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-02.2
25-13-02.2. Service animal - Misrepresentation - Penalty
Status: in_force

25-13-02.2. Service animal - Misrepresentation - Penalty

An individual is guilty of an infraction if the individual, in an attempt to gain admission to a

public place under this chapter or obtain a reasonable housing accommodation under section

47-16-07.5, knowingly makes a false claim that a pet is a service animal.
N.D. Cent. Code § 25-07-02 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-02
25-07-02. Superintendent - Special duties
Status: in_force

25-07-02. Superintendent - Special duties

The superintendent of the school for the deaf may also act as superintendent of the North

Dakota vision services - school for the blind.
N.D. Cent. Code § 25-02-06.1 — ND Code / Title 25 / Chapter 25-02 / Section 25-02-06.1
25-02-06.1. Disposition of nonresidents - Exceptions - Reciprocal agreements
Status: in_force

25-02-06.1. Disposition of nonresidents - Exceptions - Reciprocal agreements

If a person who has no legal residence in this state or whose residence is unknown is found

to be a person requiring treatment in the state hospital, the person must be sent to the state

hospital in the same manner, and accompanied by the same documents, as in the case of a

resident of this state. The supervising department shall immediately inquire as to the residence

of the person, and, if the residence is found to be in another state or country, the supervising

department may arrange for transportation of the person to the place of legal residence or legal

settlement. The supervising department may enter into reciprocal agreements with other states

regarding the mutual exchange, return, and transportation of persons requiring treatment who

are within one state but have legal residence or legal settlement in another state. The

agreements may not contain any provision conflicting with any law of this state.
N.D. Cent. Code § 25-03.3-23 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-23
25-03.3-23. Individual rights
Status: in_force

25-03.3-23. Individual rights

For so long as a committed individual is placed in and resides at a treatment facility, the

committed individual has the same rights as other residents of the facility, subject to the

following limitations and restrictions:

1. The individual's rights are subordinate to legitimate safety precautions and to the terms

of the applicable individualized habilitation or treatment plan.

2. If an individual's rights are inconsistent with this chapter in a particular situation, the

specific provisions of this chapter prevail.
N.D. Cent. Code § 25-01.3-12 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-12
25-01.3-12. Penalties
Status: in_force

25-01.3-12. Penalties

1. A person who permits or allows the unauthorized disclosure of reports or complaints

obtained under sections 25-01.3-01 through 25-01.3-12 is guilty of an infraction.

2. A person who willfully fails to report the abuse, neglect, or exploitation of any person

with developmental disabilities or mental illness, if required to report pursuant to

sections 25-01.3-01 through 25-01.3-12, is guilty of an infraction.
N.D. Cent. Code § 25-13-02.1 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-02.1
25-13-02.1. Trainer and a service animal in training - Admission to public places
Status: in_force

25-13-02.1. Trainer and a service animal in training - Admission to public places

1. A trainer with a service animal in training may enter any place of public

accommodation, common carrier, facility of a health care provider, and any place to

which the public is generally invited, without being required to pay an extra charge for

the service animal in training, provided:

a. The trainer notifies an onsite manager that a service animal in training is being

brought onto the premises;

b. The trainer wears a photo identification card issued by a nationally recognized

service animal training program; and

c. The trainer is liable for any damage done to the premises or facility by the service

animal in training.

2. Upon receiving notice as provided in subsection 1, the onsite manager may not deny

admission to the trainer and the service animal in training without good cause.
N.D. Cent. Code § 25-01-09 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-09
25-01-09. Officers of institutions to be furnished food supplies
Status: repealed

25-01-09. Officers of institutions to be furnished food supplies

Repealed by S.L. 1971, ch. 501, § 2.
N.D. Cent. Code § 25-03.1-07 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-07
25-03.1-07. Involuntary admission standards
Status: in_force

25-03.1-07. Involuntary admission standards

An individual may not be involuntarily admitted under this chapter to the state hospital or

another treatment facility unless it is determined the individual is a person requiring treatment.
N.D. Cent. Code § 25-01.1-35 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-35
25-01.1-35. Members of supervising department and officers and employees of institutions prohibited from accepting gifts - Penalty
Status: in_force

25-01.1-35. Members of supervising department and officers and employees of

institutions prohibited from accepting gifts - Penalty.

No member of the supervising department, nor any officer, agent, or employee thereof, and

no superintendent, officer, manager, or employee of any of the institutions under the charge and

control of the supervising department, directly or indirectly, for that person or to benefit any other

person, may receive or accept any gift or gratuity from any person dealing in goods,

merchandise, or supplies which may be used in any of the institutions, or from any employee,

servant, or agent of such person. Any person violating the provisions of this section is guilty of a

class A misdemeanor. Such violation is cause for removal from office.
N.D. Cent. Code § 25-03.2-10 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-10
25-03.2-10. Department may adopt rules
Status: in_force

25-03.2-10. Department may adopt rules

The department may adopt rules for the conduct of psychiatric residential treatment facilities

for children and shall adopt rules defining which professionals may provide clinical supervision

and review, and may develop, update, and sign an individual treatment plan within a psychiatric

residential treatment facility for children.
N.D. Cent. Code § 25-13-01.1 — ND Code / Title 25 / Chapter 25-13 / Section 25-13-01.1
25-13-01.1. Definitions
Status: in_force

25-13-01.1. Definitions

For purposes of this chapter "service animal" means any dog trained to do work, perform

tasks, or provide assistance for the benefit of an individual with a disability. The term includes a

dog trained to provide assistance to an individual with a disability, pull a wheelchair, lend

balance support, retrieve dropped objects, or provide assistance in a medical crisis.
N.D. Cent. Code § 25-16-08 — ND Code / Title 25 / Chapter 25-16 / Section 25-16-08
25-16-08. Revocation of license
Status: in_force

25-16-08. Revocation of license

The department may revoke a license of a provider agency upon a proper showing that:

1. Any of the conditions set forth in section 25-16-03 as requirements for the issuance of

the license no longer exists;

2. The license was issued upon fraudulent or untrue representations;

3. The owner or operator has violated any of the rules of the department; or

4. The owner or operator of the provider agency has been guilty of an offense

determined by the department to have a direct bearing upon a person's ability to serve

the public as an owner or operator, or the department determines, following conviction

of an offense, that the person is not sufficiently rehabilitated under section

12.1-33-02.1.
N.D. Cent. Code § 25-03.3-02 — ND Code / Title 25 / Chapter 25-03.3 / Section 25-03.3-02
25-03.3-02. Jurisdiction and venue
Status: in_force

25-03.3-02. The department may make a referral of an inmate to more than one

county.

3. Any referral from the department must include a summary of the factors considered

material to the determination that the inmate is appropriate for referral. The department

shall provide a copy of the referral and summary to the attorney general and the

superintendent of the life skills and transition center and the state hospital.

4. Following the receipt of a referral, but at least sixty days before the release date of the

inmate, the state's attorney shall notify the department and the attorney general of the

state's attorney's intended disposition of the referral.

5. Any person participating in good faith in the assessment and referral of an inmate is

immune from any civil or criminal liability. For the purpose of any civil or criminal

proceeding, the good faith of any person required to participate in the assessment and

referral of an inmate is presumed.
N.D. Cent. Code § 25-07-13 — ND Code / Title 25 / Chapter 25-07 / Section 25-07-13
25-07-13. School for the deaf fund
Status: in_force

25-07-13. School for the deaf fund

The school for the deaf fund is a special fund in the state treasury. All moneys received

pursuant to section 2 of article IX of the Constitution of North Dakota and all revenues received

from the lease of buildings and the provision of meals and services, including interpreter

services, must be deposited in the fund. Moneys in the fund are to be used pursuant to

legislative appropriation for provision of services under this chapter.
N.D. Cent. Code § 25-01.3-11 — ND Code / Title 25 / Chapter 25-01.3 / Section 25-01.3-11
25-01.3-11. Refusal of services - Alternatives
Status: in_force

25-01.3-11. Refusal of services - Alternatives

If a person with developmental disabilities or mental illness refuses an offer of services from

the project and, in the judgment of the project, the person's life, safety, or health is seriously

jeopardized, the project may petition a court of competent jurisdiction for the appointment of a

guardian or conservator. The project may also refer the matter to an appropriate agency,

department, or authority for possible civil action on behalf of the person with mental illness or

developmental disabilities, or for criminal prosecution of any individual abusing, neglecting, or

exploiting a person with mental illness or developmental disabilities.
N.D. Cent. Code § 25-03.2-03 — ND Code / Title 25 / Chapter 25-03.2 / Section 25-03.2-03
25-03.2-03. Requirements for license
Status: in_force

25-03.2-03. Requirements for license

The department shall issue a license for the operation of a psychiatric residential treatment

facility for children upon a showing that:

1. The premises to be used are in fit, safe, and sanitary condition and properly equipped

to provide good care and treatment;

2. The program director of the facility holds, at a minimum, a bachelor's degree in social

work, psychology, or in a related field with professional experience working with

children suffering from mental illnesses or emotional disturbances. The executive

director of the facility must have, at a minimum, a bachelor's degree in a behavioral

science or a bachelor's degree in any field and two years of experience in

administration;

3. The staff employed by the facility is supervised by the program director and qualified

by training and experience to provide services to children suffering from mental

illnesses or emotional disturbances. The facility annually must provide training to staff

which is relevant to the needs of the client population;

4. The health, safety, and well-being of the children cared for and treated in the facility

will be properly safeguarded;

5. There are sufficient treatment, educational, recreational and leisure, and physical

facilities and services available to the children in the facility;

6. The facility will provide for a medical and psychological examination of each child

within seventy-two hours of admission and thereafter as needed by the child;

7. An interdisciplinary team will review each individual treatment plan at least monthly

and update or amend the plan to meet the needs of the child;

8. The facility develops postdischarge plans and coordinates facility services and related

community services with partial discharge plans with each child's family, school, and

community upon discharge to ensure continuity of care;

9. The facility is in compliance with requirements for psychiatric residential treatment

facilities under 42 U.S.C. 1396d [Pub. L. 89-97; 79 Stat. 351] and title 42, Code of

Federal Regulations, part 441, and with this chapter and rules adopted under this

chapter;

10. The facility has sought and obtained a criminal history record when required by this

chapter; and

11. In accordance with rules of the department, the department has determined whether a

license may be issued to a facility that has a facility operator or any individual

employed by the facility, contracted service provider of the facility, or nonemployee of

the facility, having contact with any child cared for by the facility who has a criminal

record.
N.D. Cent. Code § 25-17-06 — ND Code / Title 25 / Chapter 25-17 / Section 25-17-06
25-17-06. Pulse oximetry screening for critical congenital heart defects - Exception
Status: in_force

25-17-06. Pulse oximetry screening for critical congenital heart defects - Exception

Before discharge of a newborn child born in a hospital with a birthing center, the newborn

child must receive a pulse oximetry screening for critical congenital heart defects. The screening

requirement of this section does not apply if the parents or guardians of a newborn child object

to the screening. The department shall provide medical staff and facilities that provide birthing

services with notice regarding this screening requirement. For purposes of this chapter, pulse

oximetry screening is not a test under section 25-17-05 and a congenital heart defect detected

by screening under this section is not a metabolic disease or genetic disease as those terms are

used under this chapter.
N.D. Cent. Code § 25-01.2-03 — ND Code / Title 25 / Chapter 25-01.2 / Section 25-01.2-03
25-01.2-03. Presumption of incompetence prohibited - Discrimination prohibited - Deprivation of constitutional, civil, or legal rights prohibited
Status: in_force

25-01.2-03. Presumption of incompetence prohibited - Discrimination prohibited -

Deprivation of constitutional, civil, or legal rights prohibited.

An individual with a developmental disability may not be presumed to be incompetent and

may not be deprived of any constitutional, civil, or legal right solely because of admission to or

residence at an institution, facility, or individualized setting or solely because of receipt of

services to individuals with developmental disabilities. However, nothing in this section may be

construed to limit or modify section 16.1-01-04. The constitutional, civil, or legal rights which

may not be varied or modified under the provisions of this section include:

1. The right to vote at elections;

2. The free exercise of religion;

3. The right of reasonable opportunities to interact with members of the opposite sex; and

4. The right to confidential handling of personal and medical records.
N.D. Cent. Code § 25-03.1-14 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-14
25-03.1-14. Duty of state's attorney in court proceedings
Status: in_force

25-03.1-14. Duty of state's attorney in court proceedings

Unless the petitioner has retained an attorney, the state's attorney for the county in which

proceedings under this chapter are initiated shall appear and represent the state in all court

proceedings and hearings. The state's attorney or an attorney retained by the petitioner need

not appear at proceedings initiated by the state hospital under sections 25-03.1-23 and
N.D. Cent. Code § 25-03.1-03 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-03
25-03.1-03. Jurisdiction
Status: in_force

25-03.1-03. Jurisdiction

The district courts have original jurisdiction over the proceedings governed by this chapter.
N.D. Cent. Code § 25-06-02.2 — ND Code / Title 25 / Chapter 25-06 / Section 25-06-02.2
25-06-02.2. Superintendent - Special duties
Status: in_force

25-06-02.2. Superintendent - Special duties

The superintendent of the North Dakota vision services - school for the blind may also be

the superintendent of the school for the deaf.
N.D. Cent. Code § 25-01.1-14.1 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-14.1
25-01.1-14.1. Heads of institutions - Duty to appoint surrogate parents
Status: in_force

25-01.1-14.1. Heads of institutions - Duty to appoint surrogate parents

The heads of each of the state institutions shall establish as required by the state

superintendent a procedure for determining whether a patient under the age of twenty-one

years needs a surrogate parent and for assigning such a surrogate parent for the purpose of

special education and related services.
N.D. Cent. Code § 25-01-02.1 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-02.1
25-01-02.1. Health council to investigate mental health of patients
Status: repealed

25-01-02.1. Health council to investigate mental health of patients

Repealed by S.L. 1987, ch. 570, § 45.
N.D. Cent. Code § 25-01.1-33 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-33
25-01.1-33. Use of patient labor in erection or repair of buildings of institutions
Status: in_force

25-01.1-33. Use of patient labor in erection or repair of buildings of institutions

All work for the erection, repair, or improvement of buildings, grounds, or properties under

the control of the supervising department must be let by contract, except that the work of

patients in such institutions may be utilized if approved by the superintendent of such institution

as having possible benefits to the patient and not detrimental to the patient's health or treatment

and when the use of such labor will not substantially depart from the requirements of chapter

48-01.2.
N.D. Cent. Code § 25-01-12 — ND Code / Title 25 / Chapter 25-01 / Section 25-01-12
25-01-12. Drawing of funds - Sale of lands - Release of mortgages - Appropriations limit power to contract
Status: in_force

25-01-12. Drawing of funds - Sale of lands - Release of mortgages - Appropriations

limit power to contract.

Moneys appropriated or given to any institution mentioned in this chapter shall be expended

only upon order of the supervising officer. The supervising officer, however, does not have the

power to bind the state for any purpose in connection with any such institution beyond the

amount of the appropriation which may have been made to such institution for such purpose,

nor to sell or convey any part of the real estate belonging to any such institution without the

consent of the legislative assembly, except that it may release any mortgage or convey any real

estate which may have been received by it through any gift, bequest, or devise or upon any

trust, the terms of which authorize such satisfaction or conveyance.
N.D. Cent. Code § 25-03.1-09 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-09
25-03.1-09. Review of petition for involuntary treatment - Probable cause established - Respondent notified - Rights
Status: in_force

25-03.1-09. Review of petition for involuntary treatment - Probable cause established -

Respondent notified - Rights.

1. Upon the filing of a petition for involuntary treatment, the clerk of court shall

immediately notify the magistrate who shall review the petition and accompanying

documentation to determine whether it complies with requirements of section

25-03.1-08 and whether it establishes probable cause to believe the respondent is a

person requiring treatment. If probable cause has not been so established, the petition

must be dismissed unless an amendment would cure the defect.

2. If probable cause has been established, the magistrate shall cause to be served on

the respondent and the respondent's nearest relative or guardian or, if none, a friend of

the respondent:

a. A copy of the petition and supporting documentation.

b. A notice informing the respondent of the procedures required by this chapter.

c. A notice of the respondent's right to a preliminary and a treatment hearing when

in custody under section 25-03.1-25 and if mental illness or a combination of

mental illness and a substance use disorder of the respondent is alleged in the

petition, or, if not in custody or if in custody and a substance use disorder alone is

alleged in the petition, the right to a treatment hearing; of the right to be present

at the hearings; of the right to have counsel before the hearings and any

court-ordered examination; of the right to an independent evaluation; and, if the

respondent is indigent, of the right to counsel and to an independent expert

examiner, each at the expense of the county which is the respondent's place of

residence.

d. Notice that if an independent expert examiner is to be appointed, the respondent

must be given an opportunity to select that examiner.
N.D. Cent. Code § 25-04-05.2 — ND Code / Title 25 / Chapter 25-04 / Section 25-04-05.2
25-04-05.2. San haven - Transportation costs - Payment limited
Status: repealed

25-04-05.2. San haven - Transportation costs - Payment limited

Repealed by S.L. 1989, ch. 338, § 6.
N.D. Cent. Code § 25-03.1-36 — ND Code / Title 25 / Chapter 25-03.1 / Section 25-03.1-36
25-03.1-36. Escape of patient from treatment facility
Status: in_force

25-03.1-36. Escape of patient from treatment facility

If any patient escapes from a treatment facility, the superintendent or director may cause an

immediate search to be made. If the patient cannot be found, the superintendent or director

shall cause notice of the escape to be given forthwith to the court of the county of residence of

the patient and to such health officials or officers of the law as may be of assistance in locating

the patient. If the patient is found in the county of residence, the court, at the request of the

superintendent or director, shall cause the patient to be returned to the treatment facility and

shall issue its order to that effect. The patient must thereupon be transported to the treatment

facility as provided in other cases. Should the patient be found other than in the county of the

patient's residence, the patient may be transported at the request of the superintendent to the

state hospital as directed and at the expense of the state hospital.
N.D. Cent. Code § 25-01.1-23 — ND Code / Title 25 / Chapter 25-01.1 / Section 25-01.1-23
25-01.1-23. Office of management and budget to advertise for bids for supplies - State firm given preference
Status: repealed

25-01.1-23. Office of management and budget to advertise for bids for supplies - State

firm given preference.

Repealed by S.L. 1979, ch. 568, § 11.