Title 25 — Mental and Physical Illness or Disability

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. Th…

Before any application for a license is denied or before the revocation of such license by the department, written charges as to the reasons for the revocation or denial must be served upon the applicant or provider agency, who has a right to a hearing before the department, if a…

Repealed by S.L. 2003, ch. 231, § 2.

Repealed by S.L. 2003, ch. 231, § 3. 25-16-11.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 Repealed by S.L. 2001, ch. 259, § 1.

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. 25-16-13. Expenses chargeable against eligible individu…

Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations, a licensed group home serving six or fewer individuals with a developmental disability must be considered a …

Repealed by S.L. 2003, ch. 231, § 2.

Repealed by S.L. 2003, ch. 231, § 3.

1. The department may purchase residential care, custody, treatment, training, and education services for individuals with developmental disabilities from a provider agency or a Medicaid-enrolled provider, from funds appropriated for that purpose. 2. The department may establish …

If any provision of this chapter is determined by the United States government to be in conflict with existing or future requirements of the United States government so as to limit or preclude federal financial participation in medical assistance, the department shall comply with…

As used in this chapter, unless the context otherwise requires: 1. "Confirmatory-diagnostic testing" means testing to prove or disprove the presence of a specific metabolic disease or genetic disease. 2. "Confirmatory-diagnostic testing laboratory" means a laboratory performing c…

The department shall: 1. Develop and implement a metabolic disease and genetic disease educational program among licensed clinicians, hospital staffs, public health nurses, and the citizens of this state. This educational program must include information about the nature of the d…

The department shall adopt rules necessary to implement this chapter.

1. A responsible clinician shall provide the parents and guardians of a newborn written information on the nature of newborn screening and confirmatory-diagnostic testing. The parents or guardians of a newborn may object to screening after receiving the written information. A new…

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 res…

Repealed by S.L. 2015, ch. 204, § 9.

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

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 …

A person that conducts research on blood spots, other specimens, or registry data that is maintained by the department shall follow institutional review board processes for human research which must include obtaining parent or guardian authorization.

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.

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.

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 perm…

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 appropri…

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. 25-01.1-06. Supervising department to have access to 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.

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 ye…

The supervising department shall cause the testimony taken at any investigation to be transcribed and filed in its office within ten days after the same is taken, or as soon thereafter as practicable. When so filed, the evidence must be open for inspection of any person.

Any person who fails or refuses to obey the orders of the supervising department issued in an investigation of any institution under its control, or to give or produce evidence when required, must be reported by the supervising department to the district court or any judge thereo…

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.

The supervising department shall keep in its office a record showing: 1. The residence, sex, age, nativity, occupation, religion, civil condition, and date of entrance or commitment of every person, patient, or inmate in the institutions under its control and administration. 2. T…

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…

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 educat…

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…

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 specia…

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 th…

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…

The superintendent of any state institution under the management and control of the supervising department, when the care and custody of any funds belonging to patients of a state institution are by law devolved upon the superintendent, shall keep accurate accounts of these funds…

The money and effects, except clothing, in possession of each patient when committed to any institution under control of the supervising department must be preserved by the superintendent of such institution and returned to such patient when discharged. 25-01.1-22. Estimate of ex…

When the estimates for supplies for the institutions under the control of the supervising department have been certified and revised by the supervising department and bids for the supplies enumerated and described therein have been received and contracts for furnishing the suppli…

The officer of each institution who is designated by the supervising department to have charge of and to be accountable for all the supplies and stores of the institution must be charged therewith at their invoice value, and shall: 1. Direct all purchases of such institution as m…

If it appears that there is a shortage in the supplies of any institution, the supervising department having control of such institution shall appoint a committee to investigate the cause thereof. If it appears that the shortage resulted from unavoidable loss, without the neglige…

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…

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 institut…

Any member of the supervising department and any officer thereof who exerts any improper influence, by solicitation or otherwise, on the superintendent of any institution under the control of the supervising department, in the selection of any employee or assistant, is guilty of …

In addition to the other duties prescribed by law, the supervising department has the following duties and powers: 1. To accept the guardianship of the persons or children who may be committed to its care by courts of competent jurisdiction as neglected, delinquent, dependent, or…

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 disa…

1. Except as provided in this section, every individual with a developmental disability who resides in an institution, facility, or individualized setting has the right of private, unimpeded, and uncensored communication, including visitation, with persons of the individual's cho…

1. Except as provided in this subsection, every individual with a developmental disability who resides in an institution, facility, or individualized setting must be permitted to receive, possess, and use lawful personal property and must be provided with a secure, convenient, an…

1. An individual with a developmental disability who is receiving services from a public or private agency or organization must be permitted to seek employment and work in integrated settings if this is a desire of the individual. 2. An individual with a developmental disability …

An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not be administered at any time any drug or medication, or be chemically restrained or tranquilized in any …