Title 25 — Mental and Physical Illness or Disability
27 chapters · 259 sections in this title.
N.D.C.C. § 25-01-01 Definitions
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In this title, unless the context or subject matter otherwise requires: 1. "Licensed physician" means an individual licensed under the laws of this state to practice medicine and also means a medical officer of the government of the United States while in this state in the perfor…
N.D.C.C. § 25-01-01.1 State council on developmental disabilities
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1. There must be maintained in the department of health and human services a state council on developmental disabilities consisting of: a. One representative of each of the following departments, divisions, institutions, and organizations designated by the head of such agency or …
N.D.C.C. § 25-01-02 Transfer of patients between institutions
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The supervising officer may transfer patients of the state hospital or life skills and transition center between such institutions whenever the superintendent of any such institution shall recommend such transfer and the supervising department is satisfied, upon investigation, th…
N.D.C.C. § 25-01-02.1 Health council to investigate mental health of patients
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Repealed by S.L. 1987, ch. 570, § 45. 25-01-03. Supervising officer to appoint superintendent of institutions - Salaries - Removal. 1. The supervising officer shall appoint a superintendent for each of the institutions under its control, except for the state hospital, where the s…
N.D.C.C. § 25-01-04 Superintendent of each institution to qualify
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The superintendent of each of the institutions mentioned in this chapter, before entering upon the duties of office, shall take the oath prescribed for civil officers.
N.D.C.C. § 25-01-05 General powers and duties of superintendents of various institutions
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The superintendent of each of the institutions mentioned in this chapter is the chief executive officer of the institution of which the person is superintendent and, in connection with such institution, shall: 1. Employ all employees and assistants required in the management of t…
N.D.C.C. § 25-01-07 Salaries of officers and employees other than superintendent - How fixed
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The supervising officer in cooperation with the superintendent, prior to July first in each year, shall fix the annual or monthly salaries of all of the officers, exclusive of the superintendent, and all of the employees in each of the several institutions mentioned in this chapt…
N.D.C.C. § 25-01-08 Discharge of subordinate officers and employees
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The superintendent of any institution mentioned in this chapter may discharge any person employed therein, subject to such restrictions as may be placed upon such power by the supervising officer. The superintendent shall show in the record of any person discharged the reason the…
N.D.C.C. § 25-01-09 Officers of institutions to be furnished food supplies
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Repealed by S.L. 1971, ch. 501, § 2. 25-01-10. Supervising officer may accept gifts and bequests - State treasurer to have custody of funds. The supervising officer may accept in the name of the state and hold in trust for any institution mentioned in this chapter any lands conve…
N.D.C.C. § 25-01-11 State treasurer to have custody of income from granted lands
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The state treasurer is custodian of all funds arising from the sale of any lands granted to any institution named in this chapter, and such funds must be deposited with the state treasurer. The state treasurer shall keep a separate account for each such institution to which a lan…
N.D.C.C. § 25-01-16 Treating patients cruelly - Penalty
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Any person responsible for the care or custody of any person admitted to a state institution in accordance with the provisions of this title, who treats the person admitted with severity, harshness, or cruelty, or who abuses that person in any way, is guilty of a class A misdemea…
N.D.C.C. § 25-02-02 Additional hospital for mentally ill located at Rugby
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Repealed by S.L. 2017, ch. 353, § 10.
N.D.C.C. § 25-02-03 Object of state hospital
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The state hospital is an institution for mental diseases serving specialized populations of individuals with severe mental illness, including individuals with a substance use disorder. The state hospital is one component of the North Dakota mental health delivery system and serve…
N.D.C.C. § 25-02-03.1 Collaborative care - Consultation services
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The state hospital may provide behavioral health collaborative care and consultation services, including psychiatric consultation, with private providers and correctional facility providers. 25-02-04. Superintendent to possess certain qualifications - Medical director - Employees…
N.D.C.C. § 25-02-05.1 Specialists
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Repealed by S.L. 1957, ch. 196, § 22.
N.D.C.C. § 25-02-06 Nonresidents admitted to state hospital
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A resident of another state or territory may be admitted to the state hospital upon payment of the full cost of treatment of such nonresident, but no resident of another state or territory may be received for treatment to the exclusion of any resident of this state.
N.D.C.C. § 25-02-06.1 Disposition of nonresidents - Exceptions - Reciprocal agreements
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If a person who has no legal residence in this state or whose residence is unknown is found to be a person requiring treatment in the state hospital, the person must be sent to the state hospital in the same manner, and accompanied by the same documents, as in the case of a resid…
N.D.C.C. § 25-02-07 Disposition of mentally ill nonresident
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Repealed by S.L. 1961, ch. 211, § 9.
N.D.C.C. § 25-02-08 Expense for care of patient
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Repealed by S.L. 1961, ch. 211, § 9.
N.D.C.C. § 25-02-09 Care of patients to be impartial
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All patients at the state hospital must be provided with equal care and treatment in accordance with the different degrees or conditions of mental and physical health.
N.D.C.C. § 25-02-10 Attorney general to bring action against county
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Repealed by S.L. 1961, ch. 211, § 9.
N.D.C.C. § 25-02-11 County mental health board - Members, appointment, term, quorum
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-12 Oath required of appointive members
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-13 Meetings of county mental health board
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-14 Duties of chairman of county mental health board
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-15 Absence of member of county mental health board - Substitute
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-16 Powers of county mental health board
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-17 Compensation and expenses of county mental health board
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-02-18 Nonliability of certain officers for detention of mentally ill persons
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Repealed by S.L. 1977, ch. 239, § 48.
N.D.C.C. § 25-04-00.1 Definitions
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For the purposes of this chapter: 1. "Department" means the department of health and human services. 2. "Eligible" means an individual has been deemed eligible by the department for developmental disability services. 3. "Individual served" is an eligible individual who is a legal…
N.D.C.C. § 25-04-01 Life skills and transition center - Name - Administration and control
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A facility for individuals with developmental disabilities must be maintained at or near the city of Grafton in Walsh County. The facility must be known and designated as the life skills and transition center. The department has administrative authority and control of the life sk…
N.D.C.C. § 25-04-02.1 Accreditation of life skills and transition center
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The department may request appropriations and resources sufficient to allow for maintenance of the life skills and transition center's accreditation by the accreditation council on services for people with developmental disabilities or certification by the centers for Medicare an…
N.D.C.C. § 25-04-02.2 Institutional sale of services - Budget section approval
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Subject to approval of the legislative assembly or the budget section if the legislative assembly is not in session, the life skills and transition center may provide any service not otherwise authorized by law under contract with a governmental or nongovernmental person. The lif…
N.D.C.C. § 25-04-03 Qualifications of superintendent
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The superintendent of the life skills and transition center must be a skilled administrator with professional training and experience relating to the needs of individuals with developmental disabilities. All employees must be appointed and removed by the superintendent or by the …
N.D.C.C. § 25-04-03.1 Biennial report - Assistant superintendent
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Repealed by S.L. 1989, ch. 338, § 6.
N.D.C.C. § 25-04-04 Who may receive benefits of life skills and transition center
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1. Subject to this chapter and to any rules adopted by the department, the benefits of the life skills and transition center may be received only by: a. Eligible individuals who may benefit from services provided by the life skills and transition center who, in the opinion of the…
N.D.C.C. § 25-04-04.1 Program management for an individual
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The department shall ensure active program management is maintained for individuals served and noneligible individuals receiving residential services at the life skills and transition center. 25-04-05. Qualifications for accessing services provided by life skills and transition c…
N.D.C.C. § 25-04-05.2 San haven - Transportation costs - Payment limited
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Repealed by S.L. 1989, ch. 338, § 6. 25-04-06. Juvenile court order for assessment of dependent, neglected, or delinquent child with developmental disability - Appeal. 1. In any proceeding instituted in juvenile court, the court may make an order for assessment of the child by th…
N.D.C.C. § 25-04-07 Disabled defendants
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Repealed by S.L. 1991, ch. 121, § 5.
N.D.C.C. § 25-04-08 Discharge of an individual from life skills and transition center
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An individual who receives residential services at the life skills and transition center must be discharged if any one of the following conditions are present: 1. The superintendent of the life skills and transition center, on the basis of a comprehensive evaluation and in consul…
N.D.C.C. § 25-04-08.1 Notification before discharge
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Before discharge the superintendent of the life skills and transition center shall meet with the parent, guardian, legal custodian, or care team of the: 1. Individual served to be discharged, or with the court that ordered the individual served to receive services at the life ski…
N.D.C.C. § 25-04-11 Disposition of individual who is not a legal resident
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If an individual who has no legal residence in this state is subject to admission to the life skills and transition center, by order of a court pursuant to section 25-04-06, such individual must be admitted, at the expense of the county, to the life skills and transition center i…
N.D.C.C. § 25-04-11.1 Admission and disposition of nonresidents - Reciprocal agreements
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If an individual who has no legal residence in this state or whose residence is unknown is found to be an eligible individual requiring care, treatment, training, rehabilitation, or supervision from the life skills and transition center, the individual to be served must be admitt…
N.D.C.C. § 25-04-11.2 Liability for care and treatment of nonresident individuals served
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Nonresident individuals served by the life skills and transition center and nonresident responsible relatives of individuals served are liable for the chargeable costs of care and treatment at the life skills and transition center. 25-04-12. Electric power may be furnished to cit…
N.D.C.C. § 25-04-13.1 Guardianship - Superintendent to act as guardian
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Repealed by S.L. 1987, ch. 326, § 2. 25-04-14. Expenses chargeable against individual or individual's estate - Filing claims. Expenses for care and treatment of each individual served or noneligible individual by the life skills and transition center must, if practicable, be in a…
N.D.C.C. § 25-04-15.1 Statute of limitations not bar to recovery
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No statute of limitations or similar statute or the doctrine of laches may bar the recovery of costs of care furnished under this chapter. It is not necessary to bill currently any person for those accounts determined to be inactive, currently uncollectible, or for which it has b…
N.D.C.C. § 25-04-16 Waiver of payment - Use of income tax data - Confidentiality - Definition
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1. Except with respect to services provided and duties effectuated for persons other than individuals served by the life skills and transition center who are developmentally disabled, and except with respect to services provided and duties effectuated under subsection 2 of sectio…
N.D.C.C. § 25-04-18 Limitations of this chapter
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The provisions of this chapter may not be construed to limit or broaden the plaintiff class as defined by order of the United States district court for the district of North Dakota entered on January 13, 1981, in civil number A1-80-141.
N.D.C.C. § 25-04-19 Quality assurance review committees - Reports - Immunity
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Any information, data, report, or record generated by or made available to an internal quality assurance review committee of the life skills and transition center or members thereof is confidential and may be used by the committee and the members thereof only in the exercise of t…
N.D.C.C. § 25-04-20 Westwood park assets management committee
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Repealed by S.L. 1999, ch. 34, § 39.