Title 3, Human Resources

Powers and Duties of Council: Responsibility for Certain Functions. The Commonwealth Library Council shall have the following powers and be responsible for the following functions: (a) Establish a depository for newspapers published in the Commonwealth thus providing a central lo…

Public Library Director: Duties and Qualifications. (a) The public library director shall advise the Library Council and shall be responsible for implementing the recommendations and policy set by the council. The public library director may hire and supervise such staff as may b…

Establishment of Public Library. The Commonwealth Library Council shall be responsible for locating resources, and for the establishment, financing and operation of public libraries for the use of the general public of the Commonwealth. Source: PL 7-18, § 7. Commission Comment: S…

Definitions. As used in this chapter: (a) “Assessment” means the determination of whether a person shall be given an evaluation for treatment as mentally ill. (b) “Attending physician” means a duly authorized licensed medical practitioner, including a psychiatrist, medical doctor…

Privacy and Dignity of Person to be Considered; Burden and Standard of Proof Required. The provisions of this article shall be carried out with the utmost consideration for the privacy and dignity of the person who undergoes involuntary evaluation or treatment. For all purposes u…

72-Hour Emergency Detention; Initiation. (a) Any person may bring another to an evaluation facility and file an application with an evaluation facility for the 72-hour emergency detention of an allegedly mentally ill person. Such facility shall require an application in writing s…

Detention for Evaluation; Individual Assessments Prior to Admission to Determine Appropriateness of Detention; Services Rendered. (a) Prior to admitting a person to the evaluation facility for evaluation and treatment pursuant to the 72-hour emergency detention provision of 3 CMC…

Evaluation; Treatment and Care; Release or Other Disposition. (a) Each person admitted to an evaluation facility pursuant to 3 CMC §§ 2503 and 2504 shall receive an evaluation within 72 hours of being admitted, and shall receive the prompt and adequate treatment and care his cond…

Notification to the Director; Presenting Person; Conditions. The attending physician or mental health professional shall promptly notify the director or the director’s designee and the person who made the application for 72-hour emergency detention pursuant to 3 CMC § 2503 when t…

14-Day Commitment; Initiation. (a) Whenever the director, attending physician or mental health professional determines in an evaluation that a person should be referred as a danger to self or others for involuntary civil commitment beyond the time period provided in 3 CMC § 2504(…

14-Day Commitment Standard; Proof Necessary. Any person who is mentally ill and a danger to self or others is subject to 14day involuntary civil commitment. For purposes of this section the recent acts, attempts or threats evidencing dangerousness must be within 14 days of the fi…

Renewal or Extension of 14-Day Commitment; Treatment and Care. (a) Renewal or extension of a 14-day commitment may be sought pursuant to 3 CMC § 2515. If the person is, at the time of the renewal or extension hearing, mentally ill and a danger to self or others, the court may gra…

14-Day Commitment; Release. A person who has been committed for 14 days under 3 CMC § 2508 or for a renewal or extension period under 3 CMC § 2509 shall, at the end of that time, be released, referred for further care and treatment on a voluntary basis, or held further only on or…

Gravely Disabled Commitment. (a) Whenever the Attorney General’s office receives notice that seeks the involuntary commitment of a person within the Commonwealth, the Attorney General’s office shall determine whether to initiate a proceeding for commitment as gravely disabled und…

Gravely Disabled Commitment Standard. Any person who is gravely disabled is subject to commitment. Commitment shall be in accordance with the least restrictive alternative principle. Source: PL 8-36, § 14.

Probable Cause, Evaluation: Duration of Commitment, Renewal and Extension; Treatment and Care. (a) Whenever there is probable cause to believe that a person is subject to commitment under 3 CMC § 2511, the court may order that the person be detained for three judicial days for th…

Release. (a) The evaluation or treatment facility shall release any person or refer him for further care and treatment on a voluntary basis upon the expiration of the court order of commitment entered under this article. (b) A mental health professional or attending physician sha…

Renewal and Extension of Commitment; Procedures; Standard. (a) The Attorney General’s office may file a petition to renew or extend commitment of a person involuntarily committed under this article. The petition shall be in writing and filed at least five days before the end of t…

Purpose of Commitment; Scope of Authority of Treating Facility. (a) In all commitments or detentions of persons under this article, a primary purpose is to provide prompt and adequate treatment, consistent with a patient’s rights. If treatment is not available for the mentally il…

Specificity of Orders. A commitment order should indicate the legal grounds upon which the commitment is based, the general types of services and treatment to be provided, the place where those services are to be provided, the length of commitment ordered, whether the services an…

Promptness of Hearings; Witnesses Needed; Required Treatment Plan; Duty to Seek Release. (a) Whenever a hearing before the court is required by this article, it shall be set promptly in order to allow for an appropriate hearing within the time frames established by this article. …

Right To Counsel; Private Right of Action. (a) Any person detained involuntarily for evaluation and treatment may have an attorney or advocate contacted, including an interpreter, at the earliest possible time, to provide advocacy or representation in contesting involuntary deten…

Hearing Rights. Whenever a hearing pursuant to this article is required, the person sought to be committed shall have a full panoply of due process rights including, but not necessarily limited to, the following: (a) The right to have all applications to the court in writing, ser…

Liability for Hospital Charges. Involuntary patients shall be not charged for any service or treatment received from the department as a result of 72-hour emergency detention for evaluation and treatment under this article. Persons committed under the involuntary commitment provi…

Relation to Pending Criminal Actions. (a) Involuntary hospitalization by the court of an individual incompetent to stand trial or be sentenced on criminal charges is not within the scope of this article. (b) A person found not guilty by reason of insanity may be committed pursuan…

Seizure of Firearms (a) A law enforcement officer who takes a person into custody pursuant to the Involuntary Civil Commitment Act may immediately seize any firearm or ammunition found in possession of the person. After seizing a firearm or ammunition under this subsection, the D…

Short Title. This article shall be known as the Patient’s Rights Act. The rights set forth in this article shall be afforded every person receiving assessment, evaluation, care or treatment at an evaluation or treatment facility, whether voluntarily or involuntarily, inpatient or…

Humane Environment. A person has the right to a humane treatment environment that affords appropriate privacy and reasonable protection from harm. Source: PL 8-38, § 2.

Visits. (a) A person has the right to private conversations and to visitation during regular visiting hours. (b) A person has the right of access to, including private communications with, any available rights protection service, qualified advocate, or attorney. Such rights prote…

Preservation and Safeguarding of Personal Property of Person Involuntarily Admitted to Evaluation or Treatment Facility. (a) At the time a patient is admitted for evaluation or treatment pursuant to this article or within a reasonable time thereafter, unless a responsible relativ…

Treatment Plan. Whenever a person is admitted for inpatient treatment or accepted for outpatient treatment, the treatment facility shall promptly prepare within five days an individualized treatment plan which shall be made a part of the patient’s record. Source: PL 8-38, § 5.

Personal Rights of Persons Being Assessed or Evaluated or Receiving Care or Treatment at an Evaluation or Treatment Facility. (a) Subject to the provisions of subsections (b) and (c) of this section, a person has the following rights: (1) To receive and send sealed correspondence…

Medical Rights of Persons Receiving Evaluation and Treatment. (a) Right to Treatment. Every patient, whether inpatient or outpatient, voluntary or involuntary, is entitled to such medical, social, and rehabilitative services as their condition may require to bring about their imp…

Restraints and Isolation. (a) Persons have a right to be free from chemical and physical restraint and isolation, except for emergency situations in which a mental health professional or attending physician contemporaneously documents by written order in the patient’s medical rec…

Surgery and Shock Therapy; Hazardous Treatment. (a) Persons have a right to refuse surgery for emergency or non-emergency purposes unless the patient has been found to lack capacity to consent to treatment by a court of law. If the patient has been declared incompetent or to lack…

Notice of Medical and Personal Rights Required. Persons, upon admission, must receive a copy of all the rights they are entitled to during their stay in the evaluation or treatment facility. These rights must be provided in a language that the patient understands. If a patient is…

Access to Records and Confidentiality. (a) A person shall be given the right of access, upon request, to his mental health care records, except such person may be refused access to: (1) Information in such records provided by a third party under the assurance that such informatio…

Action for Wrongful Release of Confidential Information or Record; Penalty or Treble Damages; Injunction. (a) Any person may bring an action against an individual or agency who has willfully and knowingly released confidential information or records concerning him in violation of…

Grievances, Private Right of Action. (a) A person shall have the right to assert grievances arising out of the infringement of the rights enumerated in this article and the right to have a fair, timely and impartial grievance procedure provided. (b) An aggrieved person may enforc…

Rules and Regulations. The Director of Public Health and Environmental Services shall adopt rules and regulations to ensure compliance with this article in a prompt and efficient manner. Source: PL 8-38, § 14. Commission Comment: With respect to the reference to the “Director of …

Employee Contributions. Except as provided in 3 CMC § 3505, there is hereby imposed on the income of every employee a tax equal to the following percentages of wages received by him with respect to employment subject to this division: (a) With respect to wages paid from January 1…

Employer Contributions. Except as provided in 3 CMC § 3505, there is hereby imposed on every employer an excise tax, with respect to having an individual in his employ, equal to the following percentages of wages, paid by him with respect to employment subject to this division: (…

Refunds of Excess Taxes. (a) If by reason of an employee receiving wages from more than one employer during a calendar year the wages received by such employee from all employers during such year are in excess of (a) $13,500 for 1980, or (b) $22,900 after 1980, the employee shall…

Administration, Collection and Assessment, and Enforcement. Effective April 1, 1977, all provisions of the laws of the United States applicable to the administration, collection and assessment, and enforcement of the taxes imposed by Chapters 2 [26 U.S.C. § 1401 et seq.] and 21 […

Contributions Payable by Self-Employed Persons. (a) Prior to the first taxable year beginning after December 31, 1980, there is hereby imposed on the wages of every self-employed person a tax, in lieu of the taxes imposed by 3 CMC §§ 3501 and 3502, equal to the following percenta…

Purpose. The purpose of this chapter is to protect the inhabitants of the Commonwealth as well as visitors in the use of ocean areas and swimming pools adjacent to commercial recreational areas. Source: MIDC § 9.28.010.