21.8061.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1089
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Human Services)
1 A BILL for an Act to amend and reenact sections 25-01.2-09 and 25-03.1-40 of the North
2 Dakota Century Code, relating to seclusion, restraint, and the prohibition of shock treatment and
3 aversive reinforcement conditioning.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 25-01.2-09 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 25-01.2-09. Punishment - IsolationSeclusion - Physical restraintsRestraints -
8 Psychosurgery - Sterilization - Shock treatment.
9 An individual with a developmental disability receiving services at any institution, facility, or
10 individualized setting from a public or private agency or organization may not at any time:
11 1. Be subjected to any corporal punishment or shock treatment.
12 2. Be isolated or secluded, except in emergency situations when necessary for the
13 control of violent, disturbed, or depressed behavior which may immediately result, or
14 has resulted, in harm to thatensure immediate physical safety of the individual or other
15 individualsothers.
16 3. Be physically restrained in any manner, except in emergency situations when
17 necessary for the control of violent, disturbed, or depressed behavior which may
18 immediately result, or has resulted, in harm to thatensure immediate physical safety of
19 the individual or to other individualsothers.
20 4. Be subjected to psychosurgery, sterilization, medical behavioral research, or
21 pharmacological research, except in conformity with an order of a court of competent
22 jurisdiction. Under no circumstances may an individual receiving treatment be
23 subjected to hazardous or intrusive experimental research whichthat is not directly
24 related to the specific goals of that individual's treatment program.
Page No. 1 21.8061.01000
Sixty-seventh
Legislative Assembly
1 5. Be subjected to electroconvulsive therapy or shock treatment without that individual's
2 or guardian's written and informed consent. If the recipient of services is a minor, the
3 recipient's parent, custodian, or guardian may provide informed consent for that
4 treatment, which the parent, custodian, or guardian believes to be in the recipient's
5 best interests.
6 SECTION 2. AMENDMENT. Section 25-03.1-40 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 25-03.1-40. Rights of patients.
9 Each patient of a treatment facility retains the following rights, subject only to the limitations
10 and restrictions authorized by section 25-03.1-41. A patient has the right:
11 1. To receive appropriate treatment for mental and physical ailments and for the
12 prevention of illness or disability.
13 2. To the least restrictive conditions necessary to achieve the purposes of treatment.
14 3. To be treated with dignity and respect.
15 4. To be free from unnecessary restraint and isolation.
16 5. To visitation and telephone communications.
17 6. To send and receive sealed mail.
18 7. To keep and use personal clothing and possessions.
19 8. To regular opportunities for outdoor physical exercise.
20 9. To be free to exercise religious faith of choice.
21 10. To be free from unnecessary medication.
22 11. To exercise all civil rights, including the right of habeas corpus.
23 12. Not to be subjected to experimental research without the express and informed written
24 consent of the patient or of the patient's guardian.
25 13. Not to be subjected to psychosurgery, or electroconvulsive treatment, or aversive
26 reinforcement conditioning, without the express and informed written consent of the
27 patient or of the patient's guardian.
28 14. In a manner appropriate to the patient's capabilities, to ongoing participation in the
29 planning of services.
30 15. Not to be required to participate in the development of an individual treatment plan.
31 16. To be free from aversive reinforcement conditioning.
Page No. 2 21.8061.01000
Statutes affected: INTRODUCED: 25-01.2-09, 25-03.1-40
Enrollment: 25-01.2-09, 25-03.1-40
PREFILED: 25-01.2-09, 25-03.1-40