25.8094.01000
Sixty-ninth
Legislative Assembly SENATE BILL NO. 2113
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Health and Human Services)
1 A BILL for an Act to create and enact two new sections to chapter 50-06 of the North Dakota
2 Century Code, relating to certified community behavioral health clinics and the financing of
3 health and human services; to amend and reenact section 12.1-04-06, subsection 4 of section
4 20.1-03-04, sections 25-03.1-03.1 and 25-03.1-04, subsection 3 of section 25-03.1-08, section
5 25-03.1-10, subdivision b of subsection 2 of section 26.1-36-08, subdivisions c and d of
6 subsection 2 of section 26.1-36-09, subsection 9 of section 43-12.1-04, subsection 6 of section
7 43-41-02, subdivision b of subsection 1 of section 44-04-18.30, sections 50-06-01, 50-06-01.4,
8 50-06-01.7, 50-06-05.1, 50-06-05.2, 50-06-05.3, 50-06-05.4, 50-06-05.5, 50-06-06.2,
9 50-06-06.5, and 50-06-06.13, subsections 1 and 3 of section 50-06-15, sections 50-06-33 and
10 50-06-41.3, subsection 1 of section 50-06-42, subsection 1 of section 50-06-42.1, and sections
11 50-06-46, 50-06.2-01, 50-06.2-02, 50-06.2-03, 50-06.3-02, and 50-06.3-04 of the North Dakota
12 Century Code, relating to the powers and duties of the department of health and human
13 services.
14 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15 SECTION 1. AMENDMENT. Section 12.1-04-06 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 12.1-04-06. Temporary detention for purposes of examination.
18 Whenever there is reason to doubt the defendant's fitness to proceed, the court may order
19 temporary detention of the defendant for the purpose of an examination. The temporary
20 detention must be in the least restrictive appropriate setting, including the state hospital, the life
21 skills and transition center, or other suitable facility for a reasonable period, not to exceed thirty
22 days, for such examination. In lieu of detention, the court may allow the defendant to remain in
23 the defendant's present residential setting or other suitable residential setting for the purpose of
24 examination, subject to any reasonable limitation the court may impose. A human service
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1 centerstate-operated behavioral health clinic may be considered if the court is aware an inquiry
2 was made before the court ordered the evaluation to ensure appropriate resources exist at the
3 human service centerstate-operated behavioral health clinic being ordered to conduct the
4 examination. While the defendant is detained, the defendant's legal counsel, family, and others
5 necessary to assist in the defendant's case must have reasonable opportunity to examine and
6 confer with the defendant.
7 SECTION 2. AMENDMENT. Subsection 4 of section 20.1-03-04 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 4. Life skills and transition center patients, North Dakota youth correctional center
10 students, school for the deaf students, North Dakota vision services - school for the
11 blind students, state hospital patients, clients of regional human service centersstate-
12 operated behavioral health clinics under direct therapeutic care, and residents of
13 facilities licensed by the department of health and human services may fish without a
14 resident fishing license. Patients of these institutions must be identified. The
15 department shall issue authority to each institution.
16 SECTION 3. AMENDMENT. Section 25-03.1-03.1 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 25-03.1-03.1. Disclosure of health information.
19 A treating facility or mental health professional may disclose individually identifiable health
20 information to a court, regional human service centerstate-operated behavioral health clinic,
21 state's attorney, appointed counsel, retained counsel, or other mental health professional,
22 including an expert examiner, and the disclosure is a disclosure for treatment, including the
23 provision, coordination, and management of health care and to carry out the purposes of this
24 chapter.
25 SECTION 4. AMENDMENT. Section 25-03.1-04 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 25-03.1-04. Screening and admission to a public treatment facility.
28 Under rules adopted by the department, screening of an individual to a public treatment
29 facility for observation, diagnosis, care, or treatment for mental illness or a substance use
30 disorder must be performed, in person when reasonably practicable, by a regional human
31 service centerstate-operated behavioral health clinic. This screening must be performed in the
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1 region where the individual is physically located. Upon the request of a court, a law enforcement
2 official, a mental health professional, the individual's legal guardian, a minor's parent or legal
3 custodian, or the individual requesting services, the regional human service centerstate-
4 operated behavioral health clinic shall conduct a screening. If a request for screening is made
5 by a mental health professional and the individual who is the subject of the screening does not
6 authorize the disclosure of the individual's protected health information, upon the request of the
7 regional human service centerstate-operated behavioral health clinic, any mental health
8 professional who treated the individual within the previous six months shall disclose, subject to
9 the requirements of title 42, Code of Federal Regulations, part 2, to the human service
10 centerstate-operated behavioral health clinic any relevant protected health information
11 regarding that treatment. Upon receipt of the request, the regional human service centerstate-
12 operated behavioral health clinic shall arrange for a screening of the individual and, if
13 appropriate, shall treat the applicant or refer the applicant to the appropriate treatment facility.
14 Upon admittance to a public treatment facility, the superintendent or director shall immediately
15 designate a tier 1 or tier 2 mental health professional to examine the individual.
16 SECTION 5. AMENDMENT. Subsection 3 of section 25-03.1-08 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 3. In assisting the petitioner in completing the petition, the state's attorney may direct a
19 tier 1 or tier 2 mental health professional designated by the regional human service
20 centerstate-operated behavioral health clinic to investigate and evaluate the specific
21 facts alleged by the petitioner. The investigation must be completed as promptly as
22 possible and include observations of and conversation with the respondent, unless the
23 respondent cannot be found or refuses to meet with the mental health professional. A
24 written report of the results of the investigation must be delivered to the state's
25 attorney. Copies of the report must be made available upon request to the respondent,
26 the respondent's counsel, and any expert examiner conducting an examination under
27 section 25-03.1-11. The state's attorney or retained attorney shall file the petition if the
28 information provided by the petitioner or gathered by investigation provides probable
29 cause to believe the subject of the petition is a person requiring treatment. A state's
30 attorney who determines there are insufficient grounds for filing a petition may refer
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1 the individual to other community resources. A state's attorney's decision not to
2 institute proceedings may be reviewed under section 11-16-06.
3 SECTION 6. AMENDMENT. Section 25-03.1-10 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-03.1-10. Involuntary treatment - Court-ordered examination.
6 If the petition is not accompanied by a written supportive statement of a tier 1 mental health
7 professional or a licensed addiction counselor who has examined the respondent within the last
8 forty-five days, the court shall order the respondent be examined by an expert examiner of the
9 respondent's own choice or one appointed by the court. The order must state the date and time
10 within which the respondent must appear; the address to which the respondent is to report; a
11 statement that if the respondent fails to appear at the appointed place at or before the ordered
12 date and time, the respondent may be involuntarily taken into custody and transported to the
13 appointed place; and a statement the expert examiner may consult with or request participation
14 in the examination by a mental health professional and may include with the written examination
15 report any findings or observations by that mental health professional. Accompanying the order
16 must be an explanation of the intended uses and possible effects of this examination. The
17 examination may be conducted at a treatment facility, at the respondent's home, or at any other
18 suitable place in the community. A request for examination at the state hospital must be
19 screened and approved by a regional human service centerstate-operated behavioral health
20 clinic. The respondent may be accompanied by one or more relatives or friends at the place of
21 the examination. The costs of the court-ordered examination must be borne by the county that
22 is the respondent's place of residence.
23 SECTION 7. AMENDMENT. Subdivision b of subsection 2 of section 26.1-36-08 of the
24 North Dakota Century Code is amended and reenacted as follows:
25 b. In the case of benefits provided for partial hospitalization, the benefits must be
26 provided for a minimum of one hundred twenty days of services covered under
27 this section and section 26.1-36-09 in any calendar year. Services provided
28 under this subdivision must be provided by an addiction treatment program
29 licensed under chapter 50-31. For services provided in regional human service
30 centersstate-operated behavioral health clinics, charges must be reasonably
31 similar to the charges for care provided by hospitals as defined in this subsection.
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1 SECTION 8. AMENDMENT. Subdivisions c and d of subsection 2 of section 26.1-36-09 of
2 the North Dakota Century Code are amended and reenacted as follows:
3 c. In the case of benefits provided for partial hospitalization, the benefits must be
4 provided for a minimum of one hundred twenty days of services covered under
5 this section and section 26.1-36-08 in any calendar year. Partial hospitalization
6 must be provided by a hospital as defined under section 52-01-01 and rules of
7 the department of health and human services pursuant thereto or by a regional
8 human service centerstate-operated behavioral health clinic licensed under
9 section 50-06-05.2, offering treatment for the prevention or cure of mental
10 disorder or other related illness. For services provided in regional human service
11 centersstate-operated behavioral health clinics, charges must be reasonably
12 similar to the charges for care provided by hospitals as defined in this subsection.
13 d. In the case of benefits provided for residential treatment, the benefits must be
14 provided for a minimum of one hundred twenty days of services covered under
15 this section in any calendar year. Residential treatment services must be
16 provided by a hospital as defined under section 52-01-01 and rules of the
17 department of health and human services; by a regional human service
18 centerstate-operated behavioral health clinic licensed under section 50-06-05.2
19 offering treatment for the prevention or cure of mental disorder or other related
20 illness; or by a residential treatment program. For services provided in a regional
21 human service centerstate-operated behavioral health clinic, charges must be
22 reasonably similar to the charges for care provided by a hospital as defined in
23 this subsection.
24 SECTION 9. AMENDMENT. Subsection 9 of section 43-12.1-04 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 9. A person that provides medications, other than by the parenteral route:
27 a. Within a correctional facility, in compliance with section 12-44.1-29;
28 b. Within a psychiatric residential treatment facility for children licensed under
29 chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;
30 c. Within a treatment or care center for individuals with developmental disabilities
31 licensed under chapter 25-16;
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1 d. Within a group home, a qualified residential treatment program, or an adult foster
2 care facility licensed under section 50-11-01;
3 e. Within the life skills and transition center, to the extent the individual who
4 provides medications is a direct training technician or a vocational training
5 technician as approved by the department of health and human services;
6 f. Within a human service centerstate-operated behavioral health clinic licensed
7 under chapter 50-06; or
8 g. Within a primary or secondary school under a program established under section
9 15.1-19-23 if the individual has received education and training in medication
10 administration and has received written consent of the student's parent or
11 guardian; or
12 h. Who is an employee of a qualified service provider agency who meets the criteria
13 set forth in subsection 2 of section 50-24.1-18.
14 SECTION 10. AMENDMENT. Subsection 6 of section 43-41-02 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 6. This chapter does not prevent individuals with master's or doctoral degrees in the field
17 of counseling with specialization in mental health from serving as counselors or
18 therapists in mental health in state institutions or regional human service centersstate-
19 operated behavioral health clinics, if they do not hold themselves out to the public as
20 social workers.
21 SECTION 11. AMENDMENT. Subdivision b of subsection 1 of section 44-04-18.30 of the
22 North Dakota Century Code is amended and reenacted as follows:
23 b. "Public social services agency" means a state, county, or local public agency that
24 provides human services, and includes regional human service centersstate-
25 operated behavioral health clinics, county social serviceshuman service zone
26 boards, multicounty social services districtshuman service zones, and the
27 department of health and human services.
28 SECTION 12. AMENDMENT. Section 50-06-01 of the North Dakota Century Code is
29 amended and reenacted as follows:
30 50-06-01. Definitions.
31 As used in this chapter, unless the context otherwise requires:
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1 1. "Behavioral health" means the planning and implementation of preventive,
2 consultative, diagnostic, treatment, crisis intervention, rehabilitative, and suicide
3 prevention services for individuals with mental, emotional, or substance use disorders,
4 and psychiatric conditions.
5 2. "Behavioral health provider" means any licensed or accredited behavioral health
6 provider in this state.
7 3. "Certified community behavioral health clinic" means a private or public behavioral
8 health clinic or a state-operated behavioral health clinic designated by the department
9 to deliver a comprehensive range of mental health and substance use disorder
10 services in accordance with the certification criteria set forth by the department.
11 4. "Department" means the department of health and human services.
12 4.5. "Human services" means:
13 a. A service or assistance provided to an individual or an individual's family in need
14 of services or assistance, including child welfare services, economic assistance
15 programs, medical services programs, and aging services programs, to assist the
16 individual or the individual's family in achieving and maintaining basic
17 self-sufficiency, including physical health, mental health, education, welfare, food
18 and nutrition, and housing.
19 b. A service or assistance provided, administered, or supervised by the department
20 in accordance with chapter 50-06.
21 c. Licensing duties as administered or supervised by th