North DakotaSB 21132025 Regular SessionSenateWALLET

AN ACT to create and enact two new sections to chapter 50-06 of the North Dakota Century Code, relating to certified community behavioral health clinics and the financing of health and human services; to amend and reenact section 12.1-04-06, subsection 4 of section 20.1-03-04, sections 25-03.1-03.1 and 25-03.1-04, subsection 3 of section 25-03.1-08, section 25-03.1-10, subsection 3 of section 25-03.1-11, subsection 1 of section 25-03.1-19, subsection 2 of section 25-03.1-26, subdivision b of subsection 2 of section 26.1-36-08, subdivisions c and d of subsection 2 of section 26.1-36-09, subsection 9 of section 43-12.1-04, subsection 6 of section 43-41-02, subdivision b of subsection 1 of section 44-04-18.30, sections 50-06-01, 50-06-01.4, 50-06-01.7, 50-06-05.1, 50-06-05.2, 50-06-05.3, 50-06-05.4, 50-06-05.5, 50-06-06.2, 50-06-06.5, and 50-06-06.13, subsections 1 and 3 of section 50-06-15, sections 50-06-33 and 50-06-41.3, subsection 1 of section 50-06-42, subsection 1 of section 50-06-42.1, and sections 50-06-46, 50-06.2-01, 50-06.2-02, 50-06.2-03, 50-06.3-02, and 50-06.3-04 of the North Dakota Century Code, relating to the powers and duties of the department of health and human services, treatment hearing timelines, and membership of the cross-disability advisory council; to provide for a legislative management study; and to provide an expiration date.

Sponsored By: Senate Human Services

Signed by Governor

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

16 provisions identified: 10 benefits, 4 costs, 2 mixed.

Home and savings protected in eligibility

For services under North Dakota's chapter 50-06.2, your primary home does not count toward resource limits. The first $50,000 of your liquid assets also does not count. You must still meet the program's other eligibility requirements.

Guardians can seek children's residential care

Legal guardians and parents with legal and physical custody can seek out-of-home treatment without transferring custody just to get care. The child must qualify for Medicaid and have a serious emotional disorder. The health department must approve treatment. The placement must be solely to get services for the child's emotional or behavioral problems.

State clinics take on coordinated care

State-operated behavioral health clinics replace regional human service centers in service delivery roles. Clinics must provide eligible people outpatient care, crisis help, rehabilitation, referrals, and support after inpatient care. The department may offer planned services through clinics or human service zones, using state eligibility rules. For people with serious and persistent mental illness, access no longer must go through a regional center; funding remains appropriation-dependent. The department must maintain a state mental health plan that state clinics, the State Hospital, and contracted services follow.

Clinic clients can skip fishing licenses

State-operated behavioral health clinic clients under direct therapeutic care can fish without a resident fishing license. Patients must be identified, and the department must authorize the institution to use the exemption.

Service recipients may earn council stipends

The health department may pay stipends to people receiving assistance or services through programs it administers or supervises. Their service providers may also qualify. Payment is for serving on a council or board and depends on legislative funding. The law sets no stipend amount and does not guarantee payment.

State clinics handle treatment screening

State-operated clinics take over specified screening, referral, and investigation roles in competency and involuntary-treatment cases. Screening takes place in the region where the person is located, in person when reasonably practical. Clinics also screen and approve requests for State Hospital examinations. A court may consider a clinic for a competency exam only after confirming that an inquiry found suitable resources there. Sharing protected health information without permission remains subject to federal substance use record protections.

Meals allowed for residential clinic staff

The health department can carry out its duties through state-operated behavioral health clinics instead of regional human service centers. During an operational disruption, it may provide meals at fair value or free to staff in 24-hour residential units. Employees' job assignments must require the meals. Providing meals is optional, not guaranteed.

More counselors qualify for clinic roles

People with a master's or doctoral degree in counseling specializing in mental health can serve as state clinic counselors or therapists. They cannot present themselves to the public as social workers.

Care providers must report open beds

Covered public and private residential and inpatient behavioral health providers must join the state's bed management system. They must report bed availability daily, except for the Department of Corrections and Rehabilitation and geropsychiatric facilities. Geropsychiatric facilities must report weekly and within 48 hours after a bed opens. These reports help care providers identify available placements.

Vouchers and grants support addiction treatment

Licensed substance use treatment programs can receive voucher reimbursements within legislative funding. State-operated clinics and hospital- or medical clinic-based withdrawal management programs are excluded; regional centers are no longer separately named as excluded. Eligible programs with fewer than 17 beds in department-designated underserved areas may compete for one-time grants. Grant recipients must sign agreements, support treatment in underserved areas, provide required data, and follow program requirements.

Patients and families face clinic charges

The health department may charge fees and expenses for state-operated behavioral health clinic services. Fee scales may account for ability to pay. Patients, their estates, and their spouses are liable for applicable charges. Parents are also liable for care provided before the patient's 18th birthday.

Some treatment hearings allow longer waits

Specified involuntary-treatment hearing deadlines increase from four to five days, excluding weekends and holidays. After emergency custody or detention, a preliminary hearing is generally due within five days. Exceptions include release, voluntary admission, requested or agreed continuances, and a magistrate's good-cause extension. Without a required preliminary hearing, the five-day deadline starts when the court receives the examiner's report. That hearing must occur no later than 14 days after petition service.

Court-ordered care faces limits and appeals

Specified court orders for available treatment at the State Hospital or Life Skills and Transition Center must follow state treatment laws. Through June 30, 2027, this covers listed juvenile-court orders as well as criminal-case orders. After that date, both statutory subsections specify criminal-case orders. The health department may appeal district- or juvenile-court orders requiring it to provide services or perform duties.

Schools lose required simulation training resource

The health department no longer must include evidence-based online simulation training in mental health resources for school coordinators. It must still provide information about warning signs, suicide risk factors, and community resources. The law does not require a replacement training program.

Broader privacy coverage and agency sharing

Certain confidentiality rules now cover protected health information and personal identifying information received or created by the health department. The information must relate to program services, assistance, applicants, providers, or recipients and meet the law's other confidentiality criteria. The department may also share identifiable program information within and between divisions to help provide its services. This authority overrides specified state confidentiality restrictions, but federal privacy rules still apply. This provision does not require people to submit new information.

Community clinics face new certification rules

Public, private, and state-run clinics can earn a state designation for comprehensive mental health and substance use care. Community behavioral health clinics must be certified, and the department must assess need at proposed locations. It may deny applications based on need, or deny or revoke certification for breaking certification rules. State-operated clinics serve areas designated by executive order 1978-12, dated October 5, 1978, and may operate with a license or certification. The department must request accreditation and certification resources, subject to legislative approval, and may use accreditation as a licensing basis.

Sponsors & Cosponsors

Sponsor

  • Senate Human Services

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 254 • No: 12

House vote • 4/28/2025

Second reading, passed as amended, yeas 83 nays 6

Yes: 83 • No: 6

Senate vote • 4/25/2025

Second reading, passed, yeas 43 nays 2

Yes: 43 • No: 2

House vote • 4/1/2025

Second reading, passed as amended, yeas 85 nays 3

Yes: 85 • No: 3

Senate vote • 2/14/2025

Second reading, passed, yeas 43 nays 1

Yes: 43 • No: 1

Actions Timeline

  1. Filed with Secretary Of State 05/02

    6/11/2025House
  2. Signed by Governor 05/02

    5/2/2025Senate
  3. Sent to Governor

    5/1/2025Senate
  4. Signed by President

    5/1/2025Senate
  5. Signed by Speaker

    5/1/2025House
  6. Second reading, passed as amended, yeas 83 nays 6

    4/28/2025House
  7. Conference committee report adopted

    4/28/2025House
  8. Reported back from conference committee, in place of, placed on calendar

    4/25/2025House
  9. Second reading, passed, yeas 43 nays 2

    4/25/2025Senate
  10. Conference committee report adopted

    4/25/2025Senate
  11. Reported back from conference committee, in place of, placed on calendar

    4/25/2025Senate
  12. Conference committee appointed Stemen Wagner Holle

    4/9/2025House
  13. Conference committee appointed Weston Hogan Van Oosting

    4/9/2025Senate
  14. Refused to concur

    4/9/2025Senate
  15. Conference committee appointed Weston Hogan Van Oosting

    4/7/2025Senate
  16. Refused to concur

    4/7/2025Senate
  17. Returned to Senate (12)

    4/2/2025Senate
  18. Second reading, passed as amended, yeas 85 nays 3

    4/1/2025House
  19. Amendment adopted, placed on calendar

    3/31/2025House
  20. Reported back amended, do pass, amendment placed on calendar 23 0 0

    3/28/2025House
  21. Rereferred to Appropriations

    3/19/2025House
  22. Reported back, do pass 10 0 3

    3/19/2025House
  23. Committee Hearing 02:30

    3/12/2025House
  24. Introduced, first reading, referred Human Services Committee

    2/18/2025House
  25. Received from Senate

    2/17/2025House

Bill Text

  • Adopted by the Senate Human Services Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FOURTH ENGROSSMENT

  • FOURTH ENGROSSMENT with Conference Committee Amendments

  • FOURTH ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for House Appropriations Committee

  • Prepared by the Legislative Council staff for Senate Appropriations - Human Resources Division Committee

  • Prepared by the Legislative Council staff for Senator Hogan

  • SECOND ENGROSSMENT

  • THIRD ENGROSSMENT

Related Bills

Back to State Legislation