North DakotaHB 11082025 Regular SessionHouse

AN ACT to amend and reenact section 25-03.1-34.2 of the North Dakota Century Code, relating to interstate contracts for treatment of mental illness or a substance use disorder; and to declare an emergency.

Sponsored By: LaurieBeth Hager (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Treatment access expands during probation or parole

Probation or parole no longer blocks North Dakota from making an interstate contract for a person's treatment or detoxification. Existing restrictions remain for people serving a sentence after conviction, subject to a presentence investigation, or involuntarily committed in North Dakota. The law preserves exceptions for authorized detoxification and emergency-hold placements. The act took effect immediately upon enactment as an emergency measure.

Cross-border treatment options for neighboring residents

North Dakota can contract with Minnesota, Montana, or South Dakota for their residents to receive care in North Dakota. Public or private providers can offer mental health treatment, substance use disorder treatment, or detoxification. North Dakota can also contract with treatment or detoxification facilities in those states to serve North Dakota residents. Agreements can cover incoming patients on emergency holds, involuntarily committed patients, and people needing detoxification. They can also cover temporary out-of-state placements for North Dakota patients needing detoxification or on emergency holds. Detoxification can be voluntary or involuntary; other applicable laws and statutory exceptions still apply. Contracts must list services, care and transportation cost responsibilities, duration, termination rules, admission or retention refusal terms, and placement goals. Public or private entities must send the department agreements and amendments within 30 days of entering or amending them.

Legal safeguards for cross-border treatment patients

Patients receiving treatment or detoxification in another state must be told about legal consequences, including differences between state laws. Agreements must preserve North Dakota courts' authority over North Dakota residents and protect their rights under North Dakota law. Responsibility for care costs stays with each patient's home state. Patients committed by a neighboring state's court remain in that state's legal custody while placed in North Dakota. Their home state's rules still govern commitment length, re-examinations, and extensions; North Dakota law applies in all other respects.

Sponsors & Cosponsors

Sponsor

  • LaurieBeth Hager

    Democratic • House

Cosponsors

  • Eric J. Murphy

    Republican • House

  • Tim Mathern

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 135 • No: 1

Senate vote • 3/7/2025

Second reading, passed, yeas 46 nays 1, Emergency clause carried

Yes: 46 • No: 1

House vote • 1/17/2025

Second reading, passed, yeas 89 nays 0, Emergency clause carried

Yes: 89 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 03/18

    3/19/2025House
  2. Signed by Governor 03/17

    3/18/2025House
  3. Sent to Governor

    3/14/2025House
  4. Signed by Speaker

    3/14/2025House
  5. Signed by President

    3/12/2025Senate
  6. Returned to House

    3/10/2025House
  7. Second reading, passed, yeas 46 nays 1, Emergency clause carried

    3/7/2025Senate
  8. Reported back, do pass, place on calendar 6 0 0

    3/7/2025Senate
  9. Committee Hearing 10:00

    2/10/2025Senate
  10. Introduced, first reading, (emergency), referred Human Services Committee

    2/5/2025Senate
  11. Received from House

    1/20/2025Senate
  12. Second reading, passed, yeas 89 nays 0, Emergency clause carried

    1/17/2025House
  13. Reported back, do pass, place on calendar 13 0 0

    1/16/2025House
  14. Committee Hearing 10:00

    1/15/2025House
  15. Introduced, first reading, (emergency), referred Human Services Committee

    1/7/2025House

Bill Text

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