Title 25 — Mental and Physical Illness or Disability
27 chapters · 259 sections in this title.
N.D.C.C. § 25-01.3-01 Definitions
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In sections 25-01.3-01 through 25-01.3-12, unless the context otherwise requires: 1. "Abuse" means: a. Willful use of offensive, abusive, or demeaning language by a caretaker that causes mental anguish of any person with developmental disabilities; b. Knowing, reckless, or intent…
N.D.C.C. § 25-01.3-02 Committee on protection and advocacy
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1. The committee on protection and advocacy in its capacity of supervising and directing the project shall operate independently of the governor and any state agency that provides treatment, services, or habilitation to persons with disabilities or mental illnesses. 2. The commit…
N.D.C.C. § 25-01.3-03 Director - Administrative authority
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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 advocate…
N.D.C.C. § 25-01.3-05 Retaliation - Presumptions - Penalty
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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 gui…
N.D.C.C. § 25-01.3-06 Authority of project - Annual report
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1. Pursuant to rules adopted by the committee, the project, within the limits of legislative appropriations, shall provide advocacy and protective services for persons with developmental disabilities and persons with mental illnesses. The rules adopted by the committee relating t…
N.D.C.C. § 25-01.3-07 Access to records, facilities, and persons - Rules
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A caretaker shall provide the project access to the person with developmental disabilities or mental illness and to the facility where the person resides. The committee shall adopt rules regarding access to the records of a client for the purpose of investigating complaints or re…
N.D.C.C. § 25-01.3-08 Investigation of reports and complaints
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1. Upon receipt of any report of suspected abuse, neglect, exploitation, or a complaint made pursuant to sections 25-01.3-01 through 25-01.3-12, the project shall assess the need for an investigation of the report or complaint. If the project determines the report or complaint is…
N.D.C.C. § 25-01.3-09 Conflict of interest
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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…
N.D.C.C. § 25-01.3-10 Confidentiality and privileged information
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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 disclo…
N.D.C.C. § 25-01.3-11 Refusal of services - Alternatives
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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 appoi…
N.D.C.C. § 25-01.3-12 Penalties
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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 …