Title 25 — Mental and Physical Illness or Disability

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 admin…

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 depar…

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. 25-01.2-14. Individualized habilitation, person-centered service, or individual education plan - Contents. …

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 necess…

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 …

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 reasonab…

The department of health and human services may adopt, in accordance with chapter 28-32, any rules necessary to implement this chapter. The superintendent of public instruction may adopt rules to implement this chapter in schools. The rules adopted may not restrict or limit the r…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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 ment…

In this chapter, unless the context requires otherwise: 1. "Advanced practice registered nurse" means an individual who is licensed as an advanced practice registered nurse under chapter 43-12.1 within the role of certified nurse practitioner or certified clinical nurse specialis…

The district courts have original jurisdiction over the proceedings governed by this chapter.

A treating facility or mental health professional may disclose individually identifiable health information to a court, state-operated behavioral health clinic, state's attorney, appointed counsel, retained counsel, or other mental health professional, including an expert examine…

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 …

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 di…

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 immedi…

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

If the petition is not accompanied by a written supportive statement of a tier 1 mental health professional or a licensed addiction counselor who has examined the respondent within the last forty-five days, the court shall order the respondent be examined by an expert examiner of…

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.

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 …

With the consent of the court, the parties may waive the preliminary hearing and conduct the treatment hearing within the time period set for the preliminary hearing.

The court shall cause notice of a petition and of the time and place of any hearings under this chapter to be given to the respondent; the respondent's parents, if a minor; the respondent's attorney; the petitioner; the state's attorney; the superintendent or the director of any …

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…

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 nee…

The respondent must be present at all hearings unless the respondent waives the right to be present either orally or in writing. A respondent's refusal to attend a hearing is presumed to be a waiver of the right to be present at the hearing. The judge must be notified if the resp…

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 re…

1. A respondent who is in custody under section 25-03.1-25 and who is alleged to be a mentally ill person or to be a person who is both mentally ill and has a substance use disorder is entitled to a preliminary hearing. a. At the preliminary hearing the court shall review the med…

The superintendent or the director may release a patient subject to a fourteen-day evaluation and treatment order or a seven-day emergency order if, in the superintendent's or director's opinion, the respondent does not meet the criteria of a person requiring treatment or, before…

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 prescribe…

Notwithstanding sections 25-03.1-16, 25-03.1-18.1, and 25-03.1-24, if a patient refuses treatment with prescribed medication, a treating physician, physician assistant, clinical nurse specialist, or advanced practice registered nurse may treat the patient with prescribed mood sta…

1. The involuntary treatment hearing, unless waived by the respondent or the respondent has been released as a person not requiring treatment, must be held within fourteen days of the preliminary hearing. If the preliminary hearing is not required, the involuntary treatment heari…

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…

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,…

A petition for an order authorizing continuing treatment must contain a statement setting forth the specific facts that are the basis of the determination the patient continues to be a person requiring treatment; a statement describing the treatment program provided to the patien…

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…

1. When a peace officer, physician either in person or directing an emergency medical services professional, psychiatrist, physician assistant, psychologist, advanced practice registered nurse, or mental health professional has reasonable cause to believe that an individual is a …

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 …

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 there…

1. The respondent has the right to an expedited appeal from an order of involuntary commitment or alternative treatment, an order modifying a treatment order, an alternative treatment order or less restrictive treatment order, a continuing treatment order, an order denying a peti…

Repealed by S.L. 1979, ch. 334, § 33.

1. No determination that a person requires treatment, no court order authorizing hospitalization or alternative treatment, nor any form of admission to a hospital gives rise to a presumption of, constitutes a finding of, or operates as an adjudication of legal incompetence, or of…