23.8054.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2083
of North Dakota
Introduced by
State and Local Government Committee
(At the request of the Department of Health and Human Services)
1 A BILL for an Act to create and enact a new section to chapter 25-02 of the North Dakota
2 Century Code, relating to collaborative care and consultation services provided by the state
3 hospital; to amend and reenact sections 25-02-03, 50-06-05.2, 50-06-05.3, and 50-06-06.5 of
4 the North Dakota Century Code, relating to the object of the state hospital and the operation of
5 regional human service centers; and to declare an emergency.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Section 25-02-03 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 25-02-03. Object of state hospital.
10 The state hospital is an institution for mental diseases serving specialized populations of the
11 mentally illindividuals with severe mental illness, including persons suffering from drug addiction
12 or alcoholismindividuals with a substance use disorder. The state hospital is one component of
13 the North Dakota mental health delivery system and serves as a resource to community-based
14 treatment programs. The state hospital shall, pursuant to rules adopted by the department of
15 health and human services, receive and care for all mentally ill personseligible individuals with
16 severe mental illness, including persons suffering from drug addiction or alcoholismindividuals
17 with a substance use disorder, residing within this state in accordance with this title, and
18 shallmay furnish to those mentally ill personsindividuals all needed food, shelter, treatment, and
19 support that may tend to restore their mental health or to alleviate their illness or suffering.
20 SECTION 2. A new section to chapter 25-02 of the North Dakota Century Code is created
21 and enacted as follows:
22 Collaborative care - Consultation services.
23 The state hospital may provide behavioral health collaborative care and consultation
24 services, including psychiatric consultation, with private providers and private providers' clients.
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1 SECTION 3. AMENDMENT. Section 50-06-05.2 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 50-06-05.2. Regional human service centers - Licensure.
4 Human services must be delivered through regional human service centers in the areas
5 designated by the governor's executive order 1978-12 dated October 5, 1978. The department
6 shall request appropriations and resources sufficient for accreditation and to ensure
7 maintenance of the accreditation for the regional human service centers, including associated
8 facilities, by the council on accreditation or by a similar national accrediting body accepted by
9 the department. The regional human service centers are subject to licensing by the department.
10 The department may use the accreditation as a basis for licensing in lieu of adopted rules for
11 the operation of the regional human service centers. The department shall adopt rules for the
12 operation of the regional human service centers. A regional human service center may not
13 operate without a license issued in accordance with this section. Regional human service
14 centers are authorized to receive federal and other funds available to finance, in whole or in
15 part, the services and operations of the centers.
16 SECTION 4. AMENDMENT. Section 50-06-05.3 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 50-06-05.3. Regional human service centers - Powers - Duties - Human service
19 advisory groups.
20 1. Regional human service centers shall provide human services to all eligible individuals
21 and families to help individuals and families achieve or maintain social, emotional, and
22 economic self-sufficiency by providing human services to:
23 a. Prevent, reduce, or eliminate dependency;
24 b. Prevent or remedy the neglect, abuse, or exploitation of children and of adults
25 unable to protect their own interests;
26 c. Aid in the preservation, rehabilitation, and reuniting of families;
27 d. Prevent or reduce inappropriate institutional care by providing for care while
28 institutionalized or providing for community-based or other forms of less
29 restrictive care;
30 e.c. Secure referral or admission for institutional care;
31 f.d. Provide outpatient diagnostic and treatment services; and
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1 g. Provide information concerning guardianship to people interested in becoming or
2 who are guardians; and
3 h.e. Provide rehabilitation and crisis services for patients with mental, emotional, or
4 substance use disorders, an intellectual disability, and other psychiatric
5 conditions, particularly for those patients who have received prior treatment in an
6 inpatient facility.
7 2. Regional human service centers shall deliver services in the manner prescribed by the
8 department.
9 3. Regional human service centers may provide behavioral health collaborative care and
10 consultation services, including psychiatric consultation, with private providers and
11 private providers' clients.
12 4. Each regional human service center must have a human services advisory group
13 consisting of the human service zone directors of the region served, the public health
14 directors of the region served, two current county commissioners appointed by the
15 executive director of the department, and five additional members appointed by the
16 executive director of the department. Each advisory group member must be a resident
17 of the region the member is appointed to serve. The term of office for each appointed
18 member is two years and arranged so that the term of three of the appointed members
19 expires at the end of the first year and the term of the remaining four appointed
20 members expires at the end of the second year, except for those first members
21 appointed, three members shall serve a one-year term and four members shall serve
22 a two-year term. The director shall select the appointed members of each human
23 service advisory group on the basis of population of the counties in the region served
24 by the regional human service center. Each county in the region must be represented
25 by at least one member on the human service advisory group. To the extent possible,
26 appointed membership of the advisory group must reflect regional interests in the
27 fields of developmental disabilities, social services, mental health, and substance use
28 disorders. The executive director of the department shall appoint a chairman for each
29 advisory group from the membership of the advisory group. The executive director of
30 the department shall fill a vacancy occurring within an advisory group for other than
31 the expiration of a term in the same manner as original appointments, except that
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1 appointments must be made only for the unexpired term. The department shall
2 compensate appointed members of a human service advisory group at the rate of
3 forty-five dollars per day, not to exceed twenty-five days in any one year. The
4 department also shall pay members for mileage and actual expenses incurred in
5 attending meetings and in the performance of their official duties in the amounts
6 provided by law for other state officers.
7 SECTION 5. AMENDMENT. Section 50-06-06.5 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 50-06-06.5. Continuum of services for individuals with serious and persistent mental
10 illness.
11 1. The department shall develop a plan for an integrated, multidisciplinary continuum of
12 services for individuals with serious and persistent mental illness. The continuum may
13 consist of an array of services provided by private mental health professionals, private
14 agencies, human service zones, regional human service centers, community-based
15 residential care and treatment facilities, and private and public inpatient psychiatric
16 hospitals. When appropriate, access to the continuum must be through regional
17 human service centers. Within the limits of legislative appropriations, the plan for a
18 continuum may include:
19 a. Programs, and appropriate related facilities, to provide socialization skills.
20 b. Programs, and appropriate related facilities, to provide basic living skills.
21 c. Appropriate residential facilities and other housing options.
22 d. Appropriate training, placement, and support to enhance potential for
23 employment.
24 e. Appropriate delivery and control of necessary medication.
25 f. Appropriate economic assistance.
26 g. An inpatient facility with appropriate programs to respond to persons who require
27 hospitalization.
28 h. Peer and recovery support.
29 i. Crisis service that is available twenty-four hours a day seven days a week.
30 2. The continuum of care must provide that a person requiring treatment be submitted to
31 the least restrictive available conditions necessary to achieve the purposes of
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1 treatment. The department shall ensure appropriate cooperation with human service
2 zones and private providers in achieving the continuum of care.
3 SECTION 6. EMERGENCY. Sections 2 and 4 of this Act are declared to be an emergency
4 measure.
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Statutes affected:
INTRODUCED: 25-02-03, 50-06-05.2, 50-06-05.3, 50-06-06.5
FIRST ENGROSSMENT: 25-02-03, 50-06-05.2, 50-06-05.3, 50-06-06.5
Enrollment: 25-02-03, 50-06-05.2, 50-06-05.3, 50-06-06.5