# Title 54 — State Government

## Chapter 54-38 — Alcoholism and Drug Abuse

### § 54-38-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Alcoholic" means any person who chronically and habitually uses alcoholic beverages
to the extent that the person has lost the power of self-control with respect to the use
of such beverages, or while chronically or habitually under the influence of alcoholic
beverages, endangers public morals, health, safety, or welfare.
2. "Alcoholism" means the pathological condition attendant upon the excessive and
habitual use of alcoholic beverages.
3. "Department" means the department of health and human services.
4. "Drug abuse" means the use of drugs solely for their stimulant, depressant, or
hallucinogenic effect upon the higher functions of the central nervous system and not
as a therapeutic agent prescribed in the course of medical treatment or in a program of
research operated under the direction of a physician or pharmacologist.
5. "Drug dependent persons" means any person who has developed a state of psychic or
physical dependence, or both, upon a drug following administration of that drug upon a
repeated periodic or continuous basis.
6. "Patients" means persons who are under the supervision or care of the department.
### § 54-38-02. Alcoholism and drug abuse division.

Repealed by S.L. 1987, ch. 570, § 45.
### § 54-38-03. Meetings - When held - Compensation and expenses of members.

Repealed by S.L. 1971, ch. 508, § 7.
### § 54-38-04. Executive director - Appointment - Duties - Salary and expenses.

Repealed by S.L. 1971, ch. 508, § 7.
### § 54-38-05. Duties of department.

The department shall:
1. Study alcoholism and drug abuse and related problems, including methods and
facilities available for the care, custody, detention, treatment, employment, and
rehabilitation of resident alcoholics and drug dependent persons.
2. Promote meetings and programs for the discussion of alcoholism and drug abuse or
any of their aspects, disseminate information on the subject of alcoholism and drug
abuse for the guidance and assistance of individuals, courts, and public or private
agencies for the prevention of alcoholism and drug abuse, and inform and educate the
general public on problems of alcoholism and drug abuse, their prevention and
treatment, to the end that alcoholism and drug abuse may be prevented and that
persons suffering from alcoholism or drug dependency may be disposed to seek
available treatment.
3. Conduct, promote, and finance, in full or in part, studies, investigations, and research,
independently or in cooperation with universities, colleges, scientific organizations, and
public or private agencies.
4. Accept for examination, diagnosis, guidance, and treatment, insofar as funds permit,
any resident of the state coming to the department of that person's own volition for
advice and guidance. For purposes of this subsection, "any resident" includes
veterans and nonveterans who have a brain injury.
5. Establish, from time to time, policies governing the evaluation, acceptance, care, and
treatment of alcoholics and drug dependent persons.
6. Develop, through consultation with the director of the department of transportation, a
policy governing programs for persons who, subsequent to being convicted for traffic
offenses, are referred to educational courses on alcohol, drugs, and driving.

### § 54-38-06. Department may contract for services of other agencies - Training of

personnel.
The department may contract for such educational, research, casework, institutional and
medical facilities, personnel and services of public or private agencies as may be necessary to
carry out the provisions of this chapter. It may accept for training under its direction such
medical, technical, and clinical personnel as may be desirable.
### § 54-38-07. Facilities for treatment of alcoholism - Contracts.

The department may establish new facilities for the treatment of alcoholics and drug
dependent persons in areas of the state where a need exists and no private facilities are
available to contract for chemical abuse or dependency treatment services. The department
may contract for the treatment of alcohol and drug dependent persons by eligible vendors who
meet the standards of operations established by the department. When the department chooses
to contract, the department shall select eligible vendors who can provide economical and
appropriate treatment for alcohol and drug dependent persons. The department shall contract
for these services on the basis of the same unit costs incurred by the department in delivering
like services. Each contract entered into pursuant to this section must provide that the private
vendor-contractor will accept and treat each chemically dependent or chemical-abusing client
referred to the vendor pursuant to the contract. As used in this section, "standards of
operations" includes a determination by the department that the vendor is financially responsible
and will continue to provide services throughout the contract period.
### § 54-38-08. Voluntary admission for treatment - Rules and regulations - Records

confidential.
Repealed by S.L. 1971, ch. 508, § 7.
### § 54-38-09. Reimbursement for treatment - Rates - Disposition of revenue and aid -

Expenditures - Appropriation.
The department, insofar as may be possible, shall seek to be reimbursed by the patient or
persons liable for the support of the patient for any or all items of expense incurred by the
department in connection with the care, custody, treatment, and rehabilitation and may make
such financial arrangements concerning necessary expenses as it deems best. No patient may
be charged at a rate greater than actual cost of the care, treatment, or rehabilitation furnished
the patient. The department may accept funds, property, or services from any source, and all
revenue received from gifts and grants-in-aid must be deposited in the state treasury and may
be spent only pursuant to an appropriation first made by the legislative assembly.
