Title 25, Mental and Physical Illness or Disability
27 chapters · 274 sections in this title.
N.D.C.C. § 25-01-01 Definitions
2.9K chars
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
2.5K chars
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
0.7K chars
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. § 25-01-03 Supervising officer to appoint superintendent of institutions - Salaries - Removal
1.5K chars
1. The supervising officer shall appoint a superintendent for each of the institutions under its control, except for the state hospital, where the supervising officer shall appoint a superintendent in consultation with a state hospital governing body. 2. The tenure of office of e…
N.D.C.C. § 25-01-04 Superintendent of each institution to qualify
0.2K chars
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
1.3K chars
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. § 25-01-06 Duty of superintendent and the supervising officer in case of questionable commitment
0.4K chars
The superintendent of the state hospital and the superintendent of the life skills and transition center shall notify the supervising officer immediately if there is any question as to the propriety of the commitment or detention of any person received at the institution, and the…
N.D.C.C. § 25-01-07 Salaries of officers and employees other than superintendent - How fixed
1.1K chars
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
0.3K chars
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. § 25-01-10 Supervising officer may accept gifts and bequests - State treasurer to have custody of funds
0.7K chars
The supervising officer may accept in the name of the state and hold in trust for any institution mentioned in this chapter any lands conveyed or devised and any money or other personal property given or bequeathed for application to any purpose connected with such institution. A…
N.D.C.C. § 25-01-11 State treasurer to have custody of income from granted lands
0.4K chars
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. § 25-01-12 Drawing of funds - Sale of lands - Release of mortgages - Appropriations limit power to contract
0.7K chars
Moneys appropriated or given to any institution mentioned in this chapter shall be expended only upon order of the supervising officer. The supervising officer, however, does not have the power to bind the state for any purpose in connection with any such institution beyond the a…
N.D.C.C. § 25-01-16 Treating patients cruelly - Penalty
0.3K chars
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. § 25-01-17 Religious exercise of patient or resident under the care of the department of health and human services
1.2K chars
1. The department of health and human services may not: a. Substantially burden the exercise of religion by patient or resident under the department's care unless the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering t…
N.D.C.C. § 25-02-01 State hospital for the mentally ill - Location - Title - Administration and control
0.2K chars
An institution for the care of the mentally ill must be maintained at the city of Jamestown and must be known as the state hospital. The department of health and human services shall administer and control the state hospital.
N.D.C.C. § 25-02-01.1 Maintenance of state hospital accreditation - Governing body membership - Authority
1.5K chars
1. The department of health and human services shall seek appropriations and resources sufficient to ensure maintenance of the state hospital's accreditation by the joint commission and certification by the centers for Medicare and Medicaid services or by similar accrediting and …
N.D.C.C. § 25-02-03 Object of state hospital
0.7K chars
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
0.2K chars
The state hospital may provide behavioral health collaborative care and consultation services, including psychiatric consultation, with private providers and correctional facility providers.
N.D.C.C. § 25-02-04 Superintendent to possess certain qualifications - Medical director - Employees
1.3K chars
The superintendent of the state hospital must be a skilled health care administrator with professional training and experience relating to the management of facilities for mentally ill and chemically dependent persons and relating to the needs of the mentally ill and chemically d…
N.D.C.C. § 25-02-06 Nonresidents admitted to state hospital
0.3K chars
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
0.9K chars
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. § 25-02-09 Care of patients to be impartial
0.2K chars
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. § 25-04-00.1 Definitions
1.8K chars
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
0.3K chars
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. § 25-04-01.1 Life skills and transition center to be substituted for developmental center at westwood park, Grafton
0.8K chars
The legislative council shall delete, where appropriate, "developmental center at westwood park, Grafton", "developmental center", or any derivatives of those terms, which when used in context indicate an intention to refer to those terms, wherever they appear in the North Dakota…
N.D.C.C. § 25-04-02 Purpose of life skills and transition center
2.7K chars
1. The purpose of the life skills and transition center is to serve as a specialty care and support resource for eligible individuals with developmental disabilities who are experiencing crisis or who would benefit from stabilization, and to work together with parent, guardian, o…
N.D.C.C. § 25-04-02.1 Accreditation of life skills and transition center
0.5K chars
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
0.7K chars
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
0.5K chars
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. § 25-04-04 Who may receive benefits of life skills and transition center
2.0K chars
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
0.2K chars
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.
N.D.C.C. § 25-04-05 Qualifications for accessing services provided by life skills and transition center - Educational or related services without charge for individuals twenty-one years of age and under
4.5K chars
1. The superintendent of the life skills and transition center may admit an eligible or noneligible individual to the life skills and transition center for residential services based on consideration of the following factors: a. Ability of the life skills and transition center to…
N.D.C.C. § 25-04-05.1 Transfer of individuals - Visiting privileges - Release and placement of individuals
2.2K chars
1. The superintendent of the life skills and transition center shall have the right of temporary transfer of any individual served or noneligible individual, at the life skills and transition center, to an appropriate hospital or other specialized facility when in the superintend…
N.D.C.C. § 25-04-06 Juvenile court order for assessment of dependent, neglected, or delinquent child with developmental disability - Appeal
2.0K chars
1. In any proceeding instituted in juvenile court, the court may make an order for assessment of the child by the life skills and transition center for developmental disability determination whenever it appears to the satisfaction of the court that the child involved in the proce…
N.D.C.C. § 25-04-08 Discharge of an individual from life skills and transition center
1.2K chars
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
0.4K chars
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
0.7K chars
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
1.4K chars
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
0.2K chars
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.
N.D.C.C. § 25-04-14 Expenses chargeable against individual or individual's estate - Filing claims
1.3K chars
Expenses for care and treatment of each individual served or noneligible individual by the life skills and transition center must, if practicable, be in accordance with the cost of providing care and treatment for the different degrees or conditions of mental and physical health …
N.D.C.C. § 25-04-15 Expenses chargeable against guardianship estate of individual served - Restrictions
1.6K chars
The expenses chargeable by the state for the care and treatment of any individual served over twenty-one years of age at the life skills and transition center must be charged against the guardianship estate of such individual, if the individual has such an estate, subject to the …
N.D.C.C. § 25-04-15.1 Statute of limitations not bar to recovery
0.7K chars
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
4.0K chars
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. § 25-04-17 Reduction or writeoff of accounts - Report to legislative audit and fiscal review committee
0.7K chars
The department may authorize the reduction or writeoff of an individual served's or noneligible individual's past-due account from the life skills and transition center's financial records upon determining that the account is not collectible. The department, by September first af…
N.D.C.C. § 25-04-18 Limitations of this chapter
0.2K chars
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
1.8K chars
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. § 25-06-01 North Dakota vision services - school for the blind - Maintained - Location
0.6K chars
There must be maintained at Grand Forks, in Grand Forks County, a statewide service, resource, and referral center for the education and training of all residents of this state who are blind or have a visual impairment and to serve as the national instructional materials access c…
N.D.C.C. § 25-06-01.1 Definitions
0.9K chars
For purposes of this chapter: 1. An individual who is blind means an individual who is totally blind or whose central visual acuity does not exceed twenty/two hundred in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than twenty de…
N.D.C.C. § 25-06-02 Duties and responsibilities of North Dakota vision services - school for the blind
1.4K chars
Within the limits of legislative appropriation, North Dakota vision services - school for the blind shall: 1. Provide vision-specific services that include consultations, evaluations, information, training, and educational services, including instruction in orientation, mobility,…
N.D.C.C. § 25-06-02.1 North Dakota vision services - school for the blind - Appointment of superintendent, budget, staff, and reporting structure
0.3K chars
The superintendent of the North Dakota vision services - school for the blind is appointed by and reports to the superintendent of public instruction. The North Dakota vision services - school for the blind must have a separate budget and separate staff from the department of pub…