19.1033.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2240
of North Dakota
Introduced by
Senators J. Lee, Hogan
Representatives D. Anderson, Damschen, J. Nelson
1 A BILL for an Act to amend and reenact section 1-04-07, subsection 1 of section 5-01-09,
2 sections 12.1-20-06.1 and 19-03.3-05, subdivision f of subsection 3 of section 23-01-44, section
3 25-03.1-01, subsections 3, 12, 13, and 23 of section 25-03.1-02, section 25-03.1-04,
4 subsection 2 of section 25-03.1-09, sections 25-03.1-34.1, 25-03.1-34.2, and 38-10-01,
5 subdivision l of subsection 1 of section 43-05-16, section 43-05-16.4, subsection 3 of section
6 43-17.1-06, subsection 3 of section 50-25.1-16, and section 50-25.1-18 of the North Dakota
7 Century Code, relating to references to substance abuse disorders.
8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9 SECTION 1. AMENDMENT. Section 1-04-07 of the North Dakota Century Code is amended
10 and reenacted as follows:
11 1-04-07. Assignment of mortgage by foreign executor, administrator, or guardian.
12 Any assignment of a mortgage upon property within this state heretofore made by any
13 executor or administrator appointed in any other state or foreign country on the estate of any
14 person where no executor or administrator had been appointed in this state, if such executor or
15 administrator has filed in the office of the recorder of any county in which any such mortgage
16 was filed or recorded an authenticated copy of the person's appointment, and any assignment
17 of a mortgage upon property within this state heretofore made by any heir or legatee of such
18 deceased person, if such heir or legatee has recorded in the office of the recorder an
19 authenticated copy of the judgment or decree of the foreign court transferring to such heir or
20 legatee the ownership of such mortgage, and any assignment of a mortgage upon property
21 within this state heretofore made by any guardian appointed in any other state or foreign
22 country, of a minor, habitual drunkard, spendthrift, or incompetent person, holding and owning a
23 mortgage upon property in this state, if such guardian has filed in the office of the recorder of
24 the county in which the property is situated an authenticated copy of the person's appointment
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1 as guardian, and an authenticated copy of the judgment or decree of the foreign court, if any,
2 transferring to the guardian's ward the ownership of such mortgage, if such assignment was
3 made prior to the date of the taking effect of this code, hereby is declared to be legal and valid
4 for all purposes, and of the same force and effect as though such executor, administrator,
5 guardian, heir, or legatee had been authorized specifically by law to make such assignment.
6 The provisions of this section apply to all mortgages, judgments, or other liens upon real or
7 personal property, and to the foreclosure of any such mortgage or lien on real or personal
8 property.
9 SECTION 2. AMENDMENT. Subsection 1 of section 5-01-09 of the North Dakota Century
10 Code is amended and reenacted as follows:
11 1. Any individual knowingly delivering alcoholic beverages to an individual under
12 twenty-one years of age, except as allowed under section 5-02-06, or to a habitual
13 drunkard, an incompetent, or an obviously intoxicated individual is guilty of a class A
14 misdemeanor, subject to sections 5-01-08, 5-01-08.1, and 5-01-08.2.
15 SECTION 3. AMENDMENT. Section 12.1-20-06.1 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 12.1-20-06.1. Sexual exploitation by therapist - Definitions - Penalty.
18 Any person who is or who holds oneself out to be a therapist and who intentionally has
19 sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment,
20 consultation, interview, or examination is guilty of a class C felony. Consent by the complainant
21 is not a defense under this section. A complaint of a violation of this section may be made to the
22 police department of the city in which the violation occurred, the sheriff of the county in which
23 the violation occurred, or the bureau of criminal investigation. Local law enforcement agencies
24 and the bureau of criminal investigation shall cooperate in investigations of violations of this
25 section. As used in this section, unless the context or subject matter otherwise requires:
26 1. "Psychotherapy" means the diagnosis or treatment of a mental or emotional condition,
27 including alcohol or drug addiction.
28 2. "Therapist" means a physician, psychologist, psychiatrist, social worker, nurse,
29 chemical dependencyaddiction counselor, member of the clergy, or other person,
30 whether licensed or not by the state, who performs or purports to perform
31 psychotherapy.
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1 SECTION 4. AMENDMENT. Section 19-03.3-05 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 19-03.3-05. Application.
4 This chapter does not apply to a person being treated by a physician for chemical
5 dependencya substance use disorder because of the person's use of controlled substances not
6 related to treatment for pain. This chapter does not authorize a physician to prescribe or
7 administer any drug legally classified as a controlled substance or as an addictive or dangerous
8 drug for other than medically accepted therapeutic purposes. A person to whom controlled
9 substances are prescribed or administered for pain is not exempt from section 39-08-01 or
10 39-20-04.1.
11 SECTION 5. AMENDMENT. Subdivision f of subsection 3 of section 23-01-44 of the North
12 Dakota Century Code is amended and reenacted as follows:
13 f. Provide drug addiction treatment information, and referrals to drug treatment
14 programs, including programs in the local area and programs that offer
15 medication-assisted treatment that includes a federal food and drug
16 administration approved long-acting, non-addictive medication for the treatment
17 of opioid or alcohol dependenceuse disorder;
18 SECTION 6. AMENDMENT. Section 25-03.1-01 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 25-03.1-01. Legislative intent.
21 The provisions of this chapter are intended by the legislative assembly to:
22 1. Provide prompt evaluation and treatment of persons with serious mental disorders or
23 chemical dependencya substance use disorder.
24 2. Safeguard individual rights.
25 3. Provide continuity of care for persons with serious mental disorders or chemical
26 dependencya substance use disorder.
27 4. Encourage the full use of all existing agencies, professional personnel, and public
28 funds to prevent duplication of services and unnecessary expenditures.
29 5. Encourage, whenever appropriate, that services be provided within the community.
30 SECTION 7. AMENDMENT. Subsections 3, 12, 13, and 23 of section 25-03.1-02 of the
31 North Dakota Century Code are amended and reenacted as follows:
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1 3. "Chemically dependent personIndividual with a substance use disorder" or "person
2 who is chemically dependent" means an individual with an illness or disorder
3 characterized by a maladaptive pattern of usage of alcohol or drugs, or a combination
4 thereof, resulting in social, occupational, psychological, or physical problems.
5 12. "Mentally ill person" or "person who is mentally ill" means an individual with an
6 organic, mental, or emotional disorder that substantially impairs the capacity to use
7 self-control, judgment, and discretion in the conduct of personal affairs and social
8 relations. The term does not include an individual with an intellectual disability of
9 significantly subaverage general intellectual functioning that originates during the
10 developmental period and is associated with impairment in adaptive behavior,
11 although an individual who is intellectually disabled may also be a person who is
12 mentally ill. Chemical dependencyA substance use disorder does not per se constitute
13 mental illness, although a person who is chemically dependentan individual with a
14 substance use disorder may also be a person who is mentally ill.
15 13. "Person requiring treatment" means a person who is mentally ill or a person who is
16 chemically dependentan individual with a substance use disorder, and there is a
17 reasonable expectation that if the individual is not treated for the mental illness or
18 chemical dependencysubstance use disorder there exists a serious risk of harm to that
19 individual, others, or property.
20 23. "Treatment facility" or "facility" means any hospital, including the state hospital at
21 Jamestown, or any evaluation and treatment facility that provides directly, or by direct
22 arrangement with other public or private agencies, emergency evaluation and
23 treatment, outpatient care, and inpatient care to individuals who are mentally ill or
24 chemically dependenthave a substance use disorder.
25 SECTION 8. 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 chemical dependencya
30 substance use disorder must be performed, in person when reasonably practicable, by a
31 regional human service center. This screening must be performed in the region where the
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1 individual is physically located. Upon the request of a court, a law enforcement official, a mental
2 health professional, the individual's legal guardian, a minor's parent or legal custodian, or the
3 individual requesting services, the regional human service center shall conduct a screening. If a
4 request for screening is made by a mental health professional and the individual who is the
5 subject of the screening does not authorize the disclosure of the individual's protected health
6 information, upon the request of the regional human service center, any mental health
7 professional who treated the individual within the previous six months shall disclose, subject to
8 the requirements of title 42, Code of Federal Regulations, part 2, to the human service center
9 any relevant protected health information regarding that treatment. Upon receipt of the request,
10 the regional human service center shall arrange for a screening of the individual and, if
11 appropriate, shall treat the applicant or refer the applicant to the appropriate treatment facility.
12 Upon admittance to a public treatment facility, the superintendent or director shall immediately
13 designate a tier 1 or tier 2 mental health professional to examine the individual.
14 SECTION 9. AMENDMENT. Subsection 2 of section 25-03.1-09 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 2. If probable cause has been established, the magistrate shall cause to be served on
17 the respondent and the respondent's nearest relative or guardian or, if none, a friend
18 of the respondent:
19 a. A copy of the petition and supporting documentation.
20 b. A notice informing the respondent of the procedures required by this chapter.
21 c. A notice of the respondent's right to a preliminary and a treatment hearing when
22 in custody under section 25-03.1-25 and if mental illness or a combination of
23 mental illness and chemical dependencya substance use disorder of the
24 respondent is alleged in the petition, or, if not in custody or if in custody and
25 chemical dependencya substance use disorder alone is alleged in the petition,
26 the right to a treatment hearing; of the right to be present at the hearings; of the
27 right to have counsel before the hearings and any court-ordered examination; of
28 the right to an independent evaluation; and, if the respondent is indigent, of the
29 right to counsel and to an independent expert examiner, each at the expense of
30 the county which is the respondent's place of residence.
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1 d. Notice that if an independent expert examiner is to be appointed, the respondent
2 must be given an opportunity to select that examiner.
3 SECTION 10. AMENDMENT. Section 25-03.1-34.1 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-03.1-34.1. Exchange of chemically dependent patient or prisoner.
6 The director of the department of human services, a county, a city, or a local law
7 enforcement agency may enter into reciprocal agreements with the appropriate authorities of
8 any other state regarding the mutual exchange, return, and transportation of chemically
9 dependent or mentally ill patients or prisonersindividuals with a mental illness or substance use
10 disorder who are treated or confined in hospitals of one state for treatment of chemical
11 dependencya substance use disorder or mental illness but who have legal residence in another
12 state.
13 SECTION 11. AMENDMENT. Section 25-03.1-34.2 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 25-03.1-34.2. Interstate contracts for treatment of mental illness or chemical
16 dependencya substance use disorder.
17 1. For purposes of this section, "bordering state" means Minnesota, Montana, or South
18 Dakota.
19 2. Unless prohibited by another law and subject to the exceptions in subsection 3, the
20 department may contract with any appropriate treatment or detoxification facility in a
21 bordering state for the treatment of mental illness or chemical dependencysubstance
22 use disorders or for providing chemical dependencysubstance use disorder
23 detoxification services for residents of North Dakota. The department may also
24 contract with any public or private agency or facility to provide treatment of mental
25 illness or chemical dependencysubstance use disorders or to provide chemical
26 dependencysubstance use disorder detoxification services in North Dakota to
27 residents of a bordering state. An individual who receives treatment for mental illness
28 or chemical dependencya substance use disorder or who receives chemical
29 dependencysubstance use disorder detoxification services in another state under this
30 section is subject to the laws of the state in which treatment or detoxification is
31 provided. An individual who receives treatment or detoxification in another state under
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1 this section must be informed of the consequences of receiving treatment or
2 detoxification in another state, including the implications of the differences in state
3 laws.
4 3. A contract may not be entered under this section for treatment or detoxification to
5 individuals who:
6 a. Are serving a sentence after conviction of a criminal offense;
7 b. Are on probation or parole;
8 c. Are the subject of a presentence investigation; or
9 d. Have been committed involuntarily in North Dakota under chapter 25-03.1 for
10 treatment of mental illness or chemical dependencya substance use disorder,
11 except as provided under subsection 5.
12 4. Contracts entered under this section must, at a minimum:
13 a. Describe the services to be provided;
14 b. Establish responsibility for the costs of services;
15 c. Establish responsibility for the costs of transporting individuals receiving services
16 under this section;
17 d. Specify the duration of the contract;
18 e. Specify the means of terminating the contract;
19 f. Specify the terms and conditions for refusal to admit or retain an individual; and
20 g. Identify the goals to be accomplished by the placement of an individual under this
21 section.
22 5. The department may enter negotiations with appropriate personnel of a bordering
23 state to develop an agreement that conforms to the requirements of this section. An
24 agreement with a bordering state must enable the placement in North Dakota of
25 individuals who require detoxification services, are on emergency holds, or who have
26 been involuntarily committed as mentally ill or chemically dependenthaving a
27 substance use disorder in a bordering state and enable the tempora