# Title 25 — Mental and Physical Illness or Disability

## Chapter 25-03.1 — Commitment Procedures

### § 25-03.1-01. Legislative intent.

The provisions of this chapter are intended by the legislative assembly to:
1. Provide prompt evaluation and treatment of persons with serious mental disorders or a
substance use disorder.
2. Safeguard individual rights.
3. Provide continuity of care for persons with serious mental disorders or a substance
use disorder.
4. Encourage the full use of all existing agencies, professional personnel, and public
funds to prevent duplication of services and unnecessary expenditures.
5. Encourage, whenever appropriate, that services be provided within the community.
### § 25-03.1-02. Definitions.

In this chapter, unless the context requires otherwise:
1. "Advanced practice registered nurse" means an individual who is licensed as an
advanced practice registered nurse under chapter 43-12.1 within the role of certified
nurse practitioner or certified clinical nurse specialist, who has completed the
requirements for a minimum of a master's degree in psychiatric and mental health
nursing from an accredited program, and who is functioning within the scope of
practice in one of the population foci as approved by the state board of nursing. This
chapter does not expand the scope of practice of an advanced practice registered
nurse beyond the scope of practice established by the state board of nursing.
2. "Alternative treatment order" means an involuntary outpatient order for a treatment
program, other than hospitalization, which may include treatment with a prescribed
medication.
3. "Consent" means voluntary permission based upon full disclosure of facts necessary
to make a decision and which is given by an individual who has the ability to
understand those facts.
4. "Court" means, except when otherwise indicated, the district court serving the county
in which the respondent resides.
5. "Department" means the department of health and human services.
6. "Director" means the director of a treatment facility or the director's designee.
7. "Expert examiner" means a licensed physician, physician assistant, psychiatrist,
psychologist trained in a clinical program, advanced practice registered nurse, or
licensed addiction counselor appointed by the court to examine the respondent and to
provide an evaluation of whether the respondent is a person requiring treatment.
8. "Independent expert examiner" means a licensed physician, physician assistant,
psychiatrist, psychologist trained in a clinical program, advanced practice registered
nurse, or licensed addiction counselor, chosen at the request of the respondent to
provide an independent evaluation of whether the respondent is a person requiring
treatment.
9. "Individual with a substance use disorder" means an individual with an illness or
disorder characterized by a maladaptive pattern of usage of alcohol or drugs, or a
combination thereof, resulting in social, occupational, psychological, or physical
problems.
10. "Magistrate" means the judge of the appropriate district or juvenile court or a judge
assigned by the presiding judge of the judicial district.
11. "Mental health professional" means:
a. A psychologist with at least a master's degree who has been either licensed or
approved for exemption by the North Dakota board of psychology examiners.
b. A social worker with a master's degree in social work from an accredited program.
c. An advanced practice registered nurse.
d. A registered nurse with a minimum of two years of psychiatric clinical experience
under the supervision of an expert examiner.

e. A licensed addiction counselor.
f. A licensed professional counselor with a master's degree in counseling from an
accredited program who has either successfully completed the advanced training
beyond the master's degree as required by the national academy of mental
health counselors or a minimum of two years of clinical experience in a mental
health agency or setting under the supervision of a psychiatrist or psychologist.
g. A physician assistant.
12. "Mentally ill person" or "person who is mentally ill" means an individual with an organic,
mental, or emotional disorder that substantially impairs the capacity to use self-control,
judgment, and discretion in the conduct of personal affairs and social relations. The
term does not include an individual with an intellectual disability of significantly
subaverage general intellectual functioning that originates during the developmental
period and is associated with impairment in adaptive behavior, although an individual
who is intellectually disabled may also be a person who is mentally ill. A substance use
disorder does not per se constitute mental illness, although an individual with a
substance use disorder may also be a person who is mentally ill.
13. "Person requiring treatment" means a person who is mentally ill or an individual with a
substance use disorder, and there is a reasonable expectation that if the individual is
not treated for the mental illness or substance use disorder there exists a serious risk
of harm to that individual, others, or property.
14. "Physician assistant" means an individual licensed to practice as a physician assistant
under chapter 43-17, who is authorized by the North Dakota board of medicine to
practice in the field of psychiatry, holds a certification in psychiatry approved by the
board, and is practicing under the supervision of a psychiatrist licensed to practice
medicine in this state. This chapter does not expand the scope of practice of a
physician assistant beyond the scope of practice authorized by the North Dakota
board of medicine.
15. "Private treatment facility" means any facility established under chapter 10-19.1 or
10-33 and licensed under chapter 23-16 or 50-31.
16. "Psychiatrist" means a licensed physician who has completed a residency program in
psychiatry.
17. "Public treatment facility" means any treatment facility not falling under the definition of
a private treatment facility.
18. "Qualified service organization" means a person that provides services to a treatment
facility such as data processing, bill collecting, dosage preparation, laboratory
analysis, or legal, medical, accounting, or other professional services, and which
agrees that in dealing with patient records, that person is bound by the confidentiality
restrictions of this chapter, except as otherwise provided for by law.
19. "Respondent" means an individual subject to petition for involuntary treatment.
20. "Serious risk of harm" means a substantial likelihood of:
a. Suicide, as manifested by suicidal threats, attempts, or significant depression
relevant to suicidal potential;
b. Killing or inflicting serious bodily harm on another individual or inflicting significant
property damage, as manifested by acts or threats;
c. Substantial deterioration in physical health, substantial injury, disease, or death,
based upon recent poor self-control or judgment in providing one's shelter,
nutrition, or personal care; or
d. Substantial deterioration in mental health which would predictably result in danger
to that individual, others, or property, based upon:
(1) Evidence of objective facts to establish the loss of cognitive or volitional
control over the individual's thoughts or actions; or
(2) Acts or threats; patterns in the individual's treatment history; the individual's
current condition; and other relevant factors, including the effect of the
individual's mental condition on the individual's ability to consent.
21. "Substantial likelihood" may take into account an individual's history and recent
behavior.

22. "Superintendent" means the state hospital superintendent or the superintendent's
designee.
23. "Third-party payer" means a person that pays, or agrees to pay, for diagnosis or
treatment furnished to a patient on the basis of a contractual relationship with the
patient or a member of the patient's family, or on the basis of the patient's eligibility for
federal, state, or local governmental benefits, and includes any person providing audit
or evaluation activities for the third-party payer.
24. "Treatment facility" or "facility" means any hospital, including the state hospital at
Jamestown, or any evaluation and treatment facility that provides directly, or by direct
arrangement with other public or private agencies, emergency evaluation and
treatment, outpatient care, and inpatient care to a person who is mentally ill or a
person who has a substance use disorder.
### § 25-03.1-03. Jurisdiction.

The district courts have original jurisdiction over the proceedings governed by this chapter.
### § 25-03.1-03.1. Disclosure of health information.

A treating facility or mental health professional may disclose individually identifiable health
information to a court, state-operated behavioral health clinic, state's attorney, appointed
counsel, retained counsel, or other mental health professional, including an expert examiner,
and the disclosure is a disclosure for treatment, including the provision, coordination, and
management of health care and to carry out the purposes of this chapter.
### § 25-03.1-04. Screening and admission to a public treatment facility.

Under rules adopted by the department, screening of an individual to a public treatment
facility for observation, diagnosis, care, or treatment for mental illness or a substance use
disorder must be performed, in person when reasonably practicable, by a state-operated
behavioral health clinic. This screening must be performed in the region where the individual is
physically located. Upon the request of a court, a law enforcement official, a mental health
professional, the individual's legal guardian, a minor's parent or legal custodian, or the individual
requesting services, the state-operated behavioral health clinic shall conduct a screening. If a
request for screening is made by a mental health professional and the individual who is the
subject of the screening does not authorize the disclosure of the individual's protected health
information, upon the request of the state-operated behavioral health clinic, any mental health
professional who treated the individual within the previous six months shall disclose, subject to
the requirements of title 42, Code of Federal Regulations, part 2, to the state-operated
behavioral health clinic any relevant protected health information regarding that treatment. Upon
receipt of the request, the state-operated behavioral health clinic shall arrange for a screening of
the individual and, if appropriate, shall treat the applicant or refer the applicant to the
appropriate treatment facility. Upon admittance to a public treatment facility, the superintendent
or director shall immediately designate a tier 1 or tier 2 mental health professional to examine
the individual.
### § 25-03.1-05. Discharge of voluntary patients.

Any voluntary patient who has recovered, or whose treatment the superintendent or director
determines is no longer advisable, must be discharged. If, upon discharge, it is determined that
the individual would benefit from the receipt of further treatment, the superintendent or director
shall offer the individual appropriate treatment on a voluntary basis or shall aid the individual to
obtain treatment from another source on a voluntary basis. With the patient's consent,
appropriate referrals may be made for the patient.
### § 25-03.1-06. Right to release on application - Exception - Judicial proceedings.

An individual voluntarily admitted for inpatient treatment to a treatment facility or the state
hospital must be orally advised of the right to release and must be further advised in writing of
the rights under this chapter. A voluntary patient who requests release must be immediately

released. However, if the superintendent or the director determines the patient is a person
requiring treatment, the release may be postponed until a petition for involuntary commitment
has been filed with the clerk of court and judicial proceedings for involuntary treatment have
been held in the county in which the hospital or facility is located. The patient must be served
the petition within twenty-four hours, exclusive of weekends and holidays, from the time release
is requested, unless extended by the magistrate for good cause shown. The treatment hearing
must be held within seven days from the time the petition is served.
### § 25-03.1-07. Involuntary admission standards.

An individual may not be involuntarily admitted under this chapter to the state hospital or
another treatment facility unless it is determined the individual is a person requiring treatment.
### § 25-03.1-08. Application to state's attorney or retained attorney - Petition for

involuntary treatment - Investigation by mental health professional.
1. An individual eighteen years of age or over shall present, in good faith, the information
necessary for the commitment of an individual for involuntary treatment to the state's
attorney of the county in which the respondent is presently located, or which is the
respondent's place of residence, or to an attorney retained by the petitioner to
represent the petitioner throughout the proceedings. The attorney shall assist the
petitioner in completing the petition. The petition must be verified by affidavit of the
petitioner and contain assertions that the respondent is a person requiring the
treatment; the facts, in detail, that are the basis of that assertion; the names, telephone
numbers, and addresses, if known, of any witnesses to those facts; and, if known, the
name, telephone number, and address of the nearest relative or guardian of the
respondent, or, if none, of a friend of the respondent.
2. The petition may be accompanied by any of the following:
a. A written statement supporting the petition from a tier 1 mental health
professional or an addiction counselor who is practicing within the professional
scope of practice and who has personally examined the respondent within
forty-five days of the date of the petition.
b. One or more supporting affidavits otherwise corroborating the petition.
3. In assisting the petitioner in completing the petition, the state's attorney may direct a
tier 1 or tier 2 mental health professional designated by the state-operated behavioral
health clinic to investigate and evaluate the specific facts alleged by the petitioner. The
investigation must be completed as promptly as possible and include observations of
and conversation with the respondent, unless the respondent cannot be found or
refuses to meet with the mental health professional. A written report of the results of
the investigation must be delivered to the state's attorney. Copies of the report must be
made available upon request to the respondent, the respondent's counsel, and any
expert examiner conducting an examination under section 25-03.1-11. The state's
attorney or retained attorney shall file the petition if the information provided by the
petitioner or gathered by investigation provides probable cause to believe the subject
of the petition is a person requiring treatment. A state's attorney who determines there
are insufficient grounds for filing a petition may refer the individual to other community
resources. A state's attorney's decision not to institute proceedings may be reviewed
under section 11-16-06.
### § 25-03.1-09. Review of petition for involuntary treatment - Probable cause established -

Respondent notified - Rights.
1. Upon the filing of a petition for involuntary treatment, the clerk of court shall
immediately notify the magistrate who shall review the petition and accompanying
documentation to determine whether it complies with requirements of section
person requiring treatment. If probable cause has not been so established, the petition
must be dismissed unless an amendment would cure the defect.

2. If probable cause has been established, the magistrate shall cause to be served on
the respondent and the respondent's nearest relative or guardian or, if none, a friend of
the respondent:
a. A copy of the petition and supporting documentation.
b. A notice informing the respondent of the procedures required by this chapter.
c. A notice of the respondent's right to a preliminary and a treatment hearing when
in custody under section 25-03.1-25 and if mental illness or a combination of
mental illness and a substance use disorder of the respondent is alleged in the
petition, or, if not in custody or if in custody and a substance use disorder alone is
alleged in the petition, the right to a treatment hearing; of the right to be present
at the hearings; of the right to have counsel before the hearings and any
court-ordered examination; of the right to an independent evaluation; and, if the
respondent is indigent, of the right to counsel and to an independent expert
examiner, each at the expense of the county which is the respondent's place of
residence.
d. Notice that if an independent expert examiner is to be appointed, the respondent
must be given an opportunity to select that examiner.
### § 25-03.1-10. Involuntary treatment - Court-ordered examination.

If the petition is not accompanied by a written supportive statement of a tier 1 mental health
professional or a licensed addiction counselor who has examined the respondent within the last
forty-five days, the court shall order the respondent be examined by an expert examiner of the
respondent's own choice or one appointed by the court. The order must state the date and time
within which the respondent must appear; the address to which the respondent is to report; a
statement that if the respondent fails to appear at the appointed place at or before the ordered
date and time, the respondent may be involuntarily taken into custody and transported to the
appointed place; and a statement the expert examiner may consult with or request participation
in the examination by a mental health professional and may include with the written examination
report any findings or observations by that mental health professional. Accompanying the order
must be an explanation of the intended uses and possible effects of this examination. The
examination may be conducted at a treatment facility, at the respondent's home, or at any other
suitable place in the community. A request for examination at the state hospital must be
screened and approved by a state-operated behavioral health clinic. The respondent may be
accompanied by one or more relatives or friends at the place of the examination. The costs of
the court-ordered examination must be borne by the county that is the respondent's place of
residence.
### § 25-03.1-10.1. Use of telemedicine technology authorized.

For purposes of court-ordered examinations conducted under this chapter, an expert
examiner may use telemedicine technologies to assist the expert examiner in conducting those
examinations.
### § 25-03.1-11. Involuntary treatment - Examination - Report.

1. The respondent must be examined within a reasonable time by an expert examiner as
ordered by the court. If the respondent is taken into custody under the emergency
treatment provisions of this chapter, the examination must be conducted within the
time limitations set forth in section 25-03.1-26. Any expert examiner conducting an
examination under this section may consult with or request participation in the
examination by any mental health professional and may include with the written
examination report any findings or observations by that mental health professional.
This examination report, and that of the independent examiner, if one has been
requested, must be filed with the court and immediately sent to the petitioner and the
respondent. The report must contain:
a. Evaluations of the respondent's physical condition and mental status.

b. A conclusion as to whether the respondent is a person requiring treatment, with a
clear explanation of how that conclusion was derived from the evaluation.
c. If the report concludes the respondent is a person requiring treatment, a list of
available forms of care and treatment that may serve as alternatives to
involuntary hospitalization.
d. The signature of the examiner who prepared the report.
2. For purposes of any examination conducted pursuant to this section:
a. An evaluation of a respondent's physical condition may be made only by a tier 1b
mental health professional.
b. An evaluation of a respondent's mental status may be made only by a tier 1
mental health professional.
c. An evaluation of whether the respondent is an individual with a substance use
disorder may be made only by a tier 1 mental health professional or a licensed
addiction counselor.
3. If the expert examiner concludes the respondent is not a person requiring treatment,
the court may without taking any other additional action terminate the proceedings and
dismiss the petition. If the expert examiner concludes the respondent is a person
requiring treatment, or makes no conclusion whether the respondent is a person
requiring treatment, the court shall set a date for hearing and shall give notice of
hearing to the persons designated in section 25-03.1-12. If the respondent is in
custody and is alleged to be a person who is mentally ill or a person who is both
mentally ill and has a substance use disorder, the preliminary hearing date must be
within five days, exclusive of weekends and holidays, of the date the respondent was
taken into custody through emergency commitment under section 25-03.1-25 unless a
delay or continuance is concurred in by the respondent or unless extended by the
magistrate for good cause shown. If a preliminary hearing is not required, the
treatment hearing must be held within five days, exclusive of weekends and holidays,
of the date the court received the expert examiner's report, not to exceed fourteen
days from the time the petition was served.
### § 25-03.1-11.1. Combination of preliminary and treatment hearings.

With the consent of the court, the parties may waive the preliminary hearing and conduct
the treatment hearing within the time period set for the preliminary hearing.
### § 25-03.1-12. Notice of hearings.

The court shall cause notice of a petition and of the time and place of any hearings under
this chapter to be given to the respondent; the respondent's parents, if a minor; the respondent's
attorney; the petitioner; the state's attorney; the superintendent or the director of any hospital or
treatment facility in which the respondent is hospitalized or is being treated; the spouse of the
respondent, if the spouse's whereabouts is known; the guardian, if any, of the respondent; and
such other relatives or persons as the court may determine. The notice must be given at the
earliest possible time and sufficiently in advance of the hearing date to permit preparation for
the hearing.
### § 25-03.1-13. Right to counsel - Indigency - Waiver - Recoupment - Limitations.

1. Every respondent under this chapter is entitled to legal counsel. The counsel has
access to the respondent's medical records upon proof of representation.
2. Unless an appearance has been entered on behalf of the respondent, the court shall,
within twenty-four hours, exclusive of weekends or holidays, from the time the petition
was filed, appoint counsel to represent the respondent. If a respondent retains
counsel, the retained counsel shall immediately notify the court of that fact.
3. If, after consultation with counsel, the respondent wants to waive the right to counsel
or the right to any of the hearings provided for under this chapter, the respondent may
do so by notifying the court in writing. The notification must clearly state the
respondent's reasons for the waiver and must also be signed by counsel.

4. If the court determines that the respondent is indigent, the court shall order that
appointed counsel be compensated from county funds of the county that is the
respondent's place of residence in a reasonable amount based upon time and
expenses. After notice and hearing, the court may order a respondent with appointed
counsel to reimburse the county for expenditures made on the respondent's behalf.
5. If the state's attorney of a county that has expended sums under subsection 4 on
behalf of a respondent who is liable to reimburse the county determines that the
respondent may have funds or property to reimburse the county, the state's attorney
shall seek civil recovery of those sums. Commencement of the action must occur
within six years after the date the sums were paid.
### § 25-03.1-14. Duty of state's attorney in court proceedings.

Unless the petitioner has retained an attorney, the state's attorney for the county in which
proceedings under this chapter are initiated shall appear and represent the state in all court
proceedings and hearings. The state's attorney or an attorney retained by the petitioner need
not appear at proceedings initiated by the state hospital under sections 25-03.1-23 and
### § 25-03.1-26. The county of residence of the respondent shall bear the cost of the state's attorney

in such proceedings in a reasonable amount based upon time and expenses.
### § 25-03.1-15. Respondent's attendance at hearings.

The respondent must be present at all hearings unless the respondent waives the right to
be present either orally or in writing. A respondent's refusal to attend a hearing is presumed to
be a waiver of the right to be present at the hearing. The judge must be notified if the
respondent has been medicated within twenty-four hours of the beginning of the hearing or an
adjourned session of the hearing, and of the probable effects of the medication.
### § 25-03.1-16. Medication pending treatment order.

A patient who has requested release or an individual who is the subject of a petition for
treatment has the right to refuse medication and other forms of treatment before the preliminary
or treatment hearing. However, a physician, a physician assistant, or an advanced practice
registered nurse may prescribe medication or a less restrictive alternative if it is necessary to
prevent bodily harm to the respondent or others or to prevent imminent deterioration of the
respondent's physical or mental condition. The patient has the right to be free of the effects of
medication at the preliminary or treatment hearing by discontinuance of medication no later than
twenty-four hours before the hearing unless, in the opinion of the prescriber, the need for the
medication still exists or discontinuation would hamper the respondent's preparation for and
participation in the proceedings.
### § 25-03.1-17. Involuntary treatment - Right to preliminary hearing.

1. A respondent who is in custody under section 25-03.1-25 and who is alleged to be a
mentally ill person or to be a person who is both mentally ill and has a substance use
disorder is entitled to a preliminary hearing.
a. At the preliminary hearing the court shall review the medical report. During the
hearing the court shall allow the petitioner and the respondent an opportunity to
testify and to present and cross-examine witnesses, and the court may receive
the testimony of any other interested person. The court may receive evidence
that would otherwise be inadmissible at a treatment hearing.
b. At the conclusion of the hearing, if the court does not find probable cause to
believe the individual is a person requiring treatment, the court shall dismiss the
petition and order the respondent be discharged from the treatment facility if the
respondent was detained before the hearing.
2. If the court finds probable cause to believe the respondent is a person requiring
treatment, the court shall consider less restrictive alternatives to involuntary detention
and treatment.

a. The court may order the respondent to undergo up to fourteen days' treatment
under a less restrictive alternative or, if the court finds alternative treatment is not
in the best interests of the respondent or others, the court shall order the
respondent detained for up to fourteen days for involuntary treatment in a
treatment facility.
b. The court shall specifically state to the respondent and give written notice that if
involuntary treatment beyond the fourteen-day period is to be sought, the
respondent will have the right to a treatment hearing as required by this chapter.
3. Except for good cause, the court may not consider medical records relating to the
respondent, unless the petitioner and respondent receive the medical records at least
twenty-four hours before the hearing.
### § 25-03.1-18. Involuntary treatment - Release.

The superintendent or the director may release a patient subject to a fourteen-day
evaluation and treatment order or a seven-day emergency order if, in the superintendent's or
director's opinion, the respondent does not meet the criteria of a person requiring treatment or,
before the expiration of the fourteen-day order, the respondent no longer requires inpatient
treatment. The court must be notified of the release and the reasons therefor. If the respondent
is released because the respondent does not meet the criteria of a person requiring treatment,
the court shall dismiss the petition.
### § 25-03.1-18.1. Court-authorized involuntary treatment with prescribed medication.

1. a. Upon notice and hearing, a tier 1b mental health professional may request
authorization from the court to treat an individual under a mental health treatment
order, or an individual voluntarily admitted to a public treatment facility under
section 25-03.1-04, with prescribed medication. The request may be considered
by the court in an involuntary treatment hearing. As a part of the request, a
psychiatrist or a final year psychiatric resident physician not involved in the
current diagnosis or treatment of the patient shall certify:
(1) That the proposed prescribed medication is clinically appropriate and
necessary to effectively treat the patient and that the patient is a person
requiring treatment;
(2) That the patient was offered that treatment and refused it or that the patient
lacks the capacity to make or communicate a responsible decision about
that treatment;
(3) That prescribed medication is the least restrictive form of intervention
necessary to meet the treatment needs of the patient; and
(4) That the benefits of the treatment outweigh the known risks to the patient.
b. The court shall inquire whether the patient has had a sufficient opportunity to
adequately prepare to meet the issue of involuntary treatment with prescribed
medication and, at the request of the patient, the court may continue the
involuntary treatment hearing for a period not exceeding seven days or may
appoint an independent expert examiner as provided in subsection 4.
2. a. Evidence of the factors certified under subsection 1 may be presented to the
court at an involuntary treatment hearing held pursuant to sections 25-03.1-19
and 25-03.1-22, or at a separate hearing after motion and notice. The court in
ruling on the requested authorization for involuntary treatment with prescribed
medication shall consider all relevant evidence presented at the hearing,
including:
(1) The danger the patient presents to self or others;
(2) The patient's current condition;
(3) The patient's treatment history;
(4) The results of previous medication trials;
(5) The efficacy of current or past treatment modalities concerning the patient;
(6) The patient's prognosis; and

(7) The effect of the patient's mental condition on the patient's capacity to
consent.
b. Involuntary treatment with prescribed medication may not be authorized by the
court solely for the convenience of facility staff or for the purpose of punishment.
3. If the factors certified under subsection 1 have been demonstrated by clear and
convincing evidence, the court may include in its involuntary treatment order a
provision, or it may issue a separate order after notice and hearing, authorizing the tier
1b mental health professional to involuntarily treat the patient with prescribed
medication on such terms and conditions as are appropriate. The order for involuntary
treatment with prescribed medication, however, may not be in effect for more than
ninety days.
4. If a patient has requested an examination by an independent expert examiner under
this chapter, and if the tier 1b mental health professional has requested authorization
for involuntary treatment with prescribed medication, only a psychiatrist or final year
psychiatric resident physician may independently examine the patient as to the issue
of involuntary treatment with prescribed medication.
### § 25-03.1-18.2. Guardian consent to involuntary treatment with prescribed medication.

Notwithstanding sections 25-03.1-16, 25-03.1-18.1, and 25-03.1-24, if a patient refuses
treatment with prescribed medication, a treating physician, physician assistant, clinical nurse
specialist, or advanced practice registered nurse may treat the patient with prescribed mood
stabilizer or antipsychotic medication upon consent of the patient's guardian pursuant to
sections 30.1-28-16 through 30.1-28-18.
### § 25-03.1-19. Involuntary treatment hearing.

1. The involuntary treatment hearing, unless waived by the respondent or the respondent
has been released as a person not requiring treatment, must be held within fourteen
days of the preliminary hearing. If the preliminary hearing is not required, the
involuntary treatment hearing must be held within five days, exclusive of weekends
and holidays, of the date the court received the expert examiner's report, not to exceed
fourteen days from the time the petition was served. The court may extend the time for
hearing for good cause. The respondent has the right to an examination by an
independent expert examiner if so requested. If the respondent is indigent, the county
of residence of the respondent shall pay for the cost of the examination and the
respondent may choose an independent expert examiner.
2. The hearing must be held in the county of the respondent's residence or location or the
county in which the state hospital or treatment facility treating the respondent is
located if the respondent requests a change of venue. At the hearing, evidence in
support of the petition must be presented by the state's attorney, private counsel, or
counsel designated by the court. During the hearing, the petitioner and the respondent
must be afforded an opportunity to testify and to present and cross-examine
witnesses. The court may receive the testimony of any other interested person. All
individuals not necessary for the conduct of the proceeding must be excluded, except
the court may admit individuals having a legitimate interest in the proceeding. The
hearing must be conducted in as informal a manner as practical, but the issue must be
tried as a civil matter. Discovery and the power of subpoena permitted under the North
Dakota Rules of Civil Procedure are available to the respondent. The court shall
receive all relevant and material evidence that may be offered as governed by the
North Dakota Rules of Evidence. There is a presumption in favor of the respondent,
and the burden of proof in support of the petition is upon the petitioner.
3. If, upon completion of the hearing, the court finds the petition has not been sustained
by clear and convincing evidence, the court shall deny the petition, terminate the
proceeding, and order the respondent be discharged if the respondent has been
hospitalized before the hearing.
4. Except for good cause, the court may not consider a medical record or expert
examiner's report relating to the respondent unless the petitioner and respondent

receive the medical record or the expert examiner's report at least twenty-four hours
before the hearing.
### § 25-03.1-20. Involuntary treatment hearing - Findings and dispositions.

If an individual is found at the involuntary treatment hearing to be a person requiring
treatment, the findings and conclusions must be entered in the record of the proceedings and
the court may:
1. Order the individual to undergo a program of treatment other than hospitalization;
2. Order the individual hospitalized in a public institution; or
3. Order the individual hospitalized in any other private hospital if the attending physician
agrees. The reason supporting the court's particular treatment order must be entered
in the record.
### § 25-03.1-21. Involuntary treatment order - Alternatives to hospitalization -

Noncompliance with alternative treatment order - Emergency detention by certain
professionals - Application for continuing treatment order.
1. Before the court makes a decision in an involuntary treatment hearing, the court shall
review a report assessing the availability and appropriateness for the respondent of
treatment programs other than hospitalization which has been prepared and submitted
by the state hospital or treatment facility. If the court finds a treatment program other
than hospitalization is adequate to meet the respondent's treatment needs and is
sufficient to prevent serious risk of harm, the court shall order the respondent to
receive whatever treatment, other than hospitalization, is appropriate for a period of
ninety days.
2. If the respondent is not complying with the alternative treatment order or the
alternative treatment has not been sufficient to prevent serious risk of harm, the
department, a representative of the treatment program involved in the alternative
treatment order, the petitioner's retained attorney, or the state's attorney may apply to
the court or to the district court of a different judicial district in which the respondent is
located to modify the alternative treatment order. The court shall hold a hearing within
seven days after the application is filed and served on the respondent. Based upon the
evidence presented at the hearing and other available information, the court may:
a. Continue the alternative treatment order;
b. Consider other alternatives to hospitalization, modify the court's original order,
and direct the respondent undergo another program of alternative treatment for
the remainder of the ninety-day period; or
c. Enter a new order directing the respondent be hospitalized until discharged from
the hospital under section 25-03.1-30. If the respondent refuses to comply with
this hospitalization order, the court may direct a peace officer to take the
respondent into protective custody and transport the respondent to a treatment
facility.
3. If a peace officer, physician either in person or directing an emergency medical
services professional, or any mental health professional reasonably believes the
respondent is not complying with an order for alternative treatment, that the alternative
treatment is not sufficient to prevent serious risk of harm, and that considerations of
time and safety do not allow intervention by a court, the designated professional may
cause the respondent to be taken into custody and detained at a treatment facility as
provided in subsection 3 of section 25-03.1-25 and, within twenty-four hours, shall file
a notice with the court stating the circumstances and factors of the case. The state
hospital or public treatment facility immediately shall accept, if appropriately screened
and medically stable, and a private treatment facility may accept, the respondent on a
provisional basis. The superintendent or director shall require an immediate
examination of the respondent and, within twenty-four hours after admission, shall
release the respondent subject to the conditions of the original order or file a notice
with the court stating in detail the circumstances and factors of the case. The court,

within forty-eight hours of receipt of the notice of the superintendent or director, after a
hearing and based on the evidence presented and other available information, shall:
a. Release the respondent from hospitalization and continue the alternative
treatment order;
b. Consider other alternatives to hospitalization, modify the original order of the
court, and direct the respondent undergo another program of alternative
treatment for the remainder of the commitment period; or
c. Enter a new order directing the respondent remain hospitalized until discharged
from the hospital under section 25-03.1-30.
4. If, at the date of expiration of an order of alternative treatment, it is believed an
individual continues to require treatment, a petition for a determination that the
individual continues to be a person requiring treatment may be filed with the court
where the individual is located.
### § 25-03.1-22. Length of involuntary and continuing treatment orders.

1. An order for involuntary treatment following a preliminary hearing may not exceed
fourteen days. An order for involuntary treatment following a treatment hearing may
not exceed ninety days.
2. If the director or superintendent believes a patient continues to require treatment, the
director or superintendent, not less than fourteen days before the expiration of the
initial order, shall petition the court where the facility is located for a determination that
the patient continues to be a person requiring treatment and for an order of continuing
treatment, which order may be for a period not to exceed one year. The court shall set
a hearing date that must be within fourteen days after the petition was filed, unless
extended for good cause shown.
3. A respondent subject to a continuing treatment order of indefinite duration retains the
rights to periodic review and to petition for discharge under section 25-03.1-31 as that
section existed on July 31, 1993.
### § 25-03.1-23. Petition for continuing treatment orders.

A petition for an order authorizing continuing treatment must contain a statement setting
forth the specific facts that are the basis of the determination the patient continues to be a
person requiring treatment; a statement describing the treatment program provided to the
patient and the results of that treatment; and a clinical estimate as to how long further treatment
will be required. The petition must be accompanied by a certificate executed by a physician,
physician assistant, psychiatrist, psychologist, advanced practice registered nurse, or licensed
addiction counselor, any of whom is practicing within that individual's professional scope of
practice.
### § 25-03.1-24. Right to treat.

State hospital or treatment facility personnel may treat a patient with prescribed medication
or a less restrictive alternative if, in the opinion of a psychiatrist or physician, these treatments
are necessary to prevent bodily harm to the patient or others or to prevent imminent
deterioration of the respondent's physical or mental condition and there is not time to obtain a
court order. This chapter does not prohibit a hospital from rendering emergency medical care
without the need for consultation, if in the exercise of sound medical judgment that care is
immediately necessary and delay would endanger the life of or adversely and substantially
affect the health of the patient.
### § 25-03.1-25. Detention or hospitalization - Emergency procedure.

1. When a peace officer, physician either in person or directing an emergency medical
services professional, psychiatrist, physician assistant, psychologist, advanced
practice registered nurse, or mental health professional has reasonable cause to
believe that an individual is a person requiring treatment and there exists a serious risk
of harm to that individual, others, or property of an immediate nature that

considerations of safety do not allow preliminary intervention by a magistrate, the
peace officer, physician either in person or directing an emergency medical services
professional, psychiatrist, physician assistant, psychologist, advanced practice
registered nurse, or mental health professional, using the screening process set forth
in section 25-03.1-04, may cause the individual to be taken into custody and detained
at a treatment facility as provided in subsection 3, and subject to section 25-03.1-26,
except that if emergency conditions exist that prevent the immediate conveyance of
the individual to a public treatment facility, a private facility that has adequate
resources and capacity to hold that individual may hold the individual in anticipation of
conveyance to a public treatment facility for up to twenty-three hours:
a. Without conducting an immediate examination required under section 25-03.1-26;
and
b. Without following notice and hearing requirements for a transfer to another
treatment facility required under subsection 3 of section 25-03.1-34.
2. If a petitioner seeking the involuntary treatment of a respondent requests that the
respondent be taken into immediate custody and the magistrate, upon reviewing the
petition and accompanying documentation, finds probable cause to believe that the
respondent is a person requiring treatment and there exists a serious risk of harm to
the respondent, others, or property if allowed to remain at liberty, the magistrate may
enter a written order directing that the respondent be taken into immediate custody
and be detained as provided in subsection 3 until the preliminary or treatment hearing,
which must be held no more than seven days after the date of the order.
3. Detention under this section may be:
a. In a treatment facility where the director or superintendent must be informed of
the reasons why immediate custody has been ordered. The facility may provide
treatment that is necessary to preserve the respondent's life or to appropriately
control behavior by the respondent which is likely to result in physical injury to self
or to others if allowed to continue, but may not otherwise provide treatment to the
respondent without the respondent's consent; or
b. In a public or private facility in the community which is suitably equipped and
staffed for the purpose. Detention in a jail or other correctional facility may not be
ordered except in cases of actual emergency when no other secure facility is
accessible, and then only for a period of not more than twenty-four hours and
under close supervision.
4. Immediately upon being taken into custody, the individual must be advised of the
purpose of custody, of the intended uses and possible effects of any evaluation that
the individual undergoes, and of the individual's rights to counsel and to a preliminary
or treatment hearing.
5. Upon arrival at a facility the peace officer, physician, physician assistant, psychiatrist,
psychologist, advanced practice registered nurse, or mental health professional who
conveyed the individual or who caused the individual to be conveyed shall complete
an application for evaluation and shall deliver a detailed written report from the peace
officer, physician, physician assistant, psychiatrist, psychologist, advanced practice
registered nurse, or the mental health professional who caused the individual to be
conveyed. The written report must state the circumstances under which the individual
was taken into custody. The report must allege in detail the overt act that constituted
the basis for the beliefs that the individual is a person requiring treatment and that,
because of that individual's condition, there exists a serious risk of harm to that
individual, others, or property if the individual is not immediately detained.
6. A peace officer maintains the peace officer's power of arrest, detention, and transport,
throughout the entire state during a transport or detention in accordance with this
section.

### § 25-03.1-26. Emergency procedure - Acceptance of petition and individual - Notice -

Court hearing set.
1. A public treatment facility immediately shall accept and a private treatment facility may
accept on a provisional basis the application and the individual admitted under section
### § 25-03.1-25. The superintendent or director shall require an immediate examination of

the subject.
2. Within seventy-two hours after admission as medically necessary, the superintendent
or director shall:
a. Release the individual if the superintendent or director finds that the subject does
not meet emergency commitment standards; or
b. File a petition if one has not been filed with the court of the individual's residence
or the court which directed immediate custody under subsection 2 of section
25-03.1-25, giving notice to the court and stating in detail the circumstances and
facts of the case.
3. Upon receipt of the petition and notice of emergency detention, the magistrate shall
set a date for a preliminary hearing, if the respondent is alleged to be an individual
who is mentally ill or an individual who is mentally ill and has a substance use disorder,
or a treatment hearing, if the respondent is alleged to be an individual who has a
substance use disorder, to be held no later than five days, exclusive of weekends and
holidays, after detention unless the individual has been released as an individual not
requiring treatment, has been voluntarily admitted for treatment, has requested or
agreed to a continuance, or unless the hearing has been extended by the magistrate
for good cause shown. The magistrate shall appoint counsel if one has not been
retained by the respondent.
### § 25-03.1-27. Notice and statement of rights.

1. If an individual is detained for emergency evaluation and treatment under this chapter,
the superintendent or director shall cause both the patient and, if possible, a
responsible member of the patient's immediate family, a guardian, or a friend, if any, to
receive:
a. A copy of the petition that asserted the individual is a person requiring treatment.
b. A written statement explaining the individual will be examined by an expert
examiner within twenty-four hours of hospitalization, excluding holidays.
c. A written statement in simple terms explaining the rights of the individual alleged
to be a person who is mentally ill or a person who is both mentally ill and has a
substance use disorder to a preliminary hearing, to be present at the hearing, and
to be represented by legal counsel, if the individual is certified by an expert
examiner or examiners as a person requiring treatment.
d. A written statement in simple terms explaining the rights of the individual to a
treatment hearing, to be present at the hearing, to be represented by legal
counsel, and the right to an independent medical evaluation.
2. If the individual is unable to read or understand the written materials, every reasonable
effort must be made to explain the written material in a language the individual
understands, and a note of the explanation and by whom made must be entered into
the patient record.
### § 25-03.1-28. Records and proceedings.

A record must be made of all court hearings conducted under this chapter and a copy must
be provided to the respondent upon request for purposes of appellate review of the
proceedings. If the respondent is indigent, the copy must be provided free of charge, with the
expense thereof borne by the county of residence of the respondent.
### § 25-03.1-29. Appeal.

1. The respondent has the right to an expedited appeal from an order of involuntary
commitment or alternative treatment, an order modifying a treatment order, an

alternative treatment order or less restrictive treatment order, a continuing treatment
order, an order denying a petition for discharge, or an order of transfer. Upon entry of
an appealable order, the court shall notify the respondent of the right of appeal and the
right to counsel. The notice of appeal must be filed within thirty days after the order
has been entered. Such appeal must be to the supreme court and the hearing must be
commenced within fourteen days of filing of the notice of appeal. The hearing must be
limited to a review of the procedures, findings, and conclusions of the lower court. The
name of the respondent may not appear on the record on appeal.
2. Pending appeal, the order appealed from remains in effect, unless the supreme court
determines otherwise. The respondent may not be denied the opportunity to be
present at the appeal hearing, and the court conducting the appeal may issue such
interim order as will assure this opportunity to the respondent while protecting the
interest sought to be served by the order appealed from.
### § 25-03.1-30. Discharge of hospitalized patient - Transfer to alternative treatment -

Termination of alternative treatment.
1. The superintendent or director at any time may discharge a voluntarily hospitalized
patient who is clinically suitable for discharge.
2. The superintendent or director shall discharge a patient hospitalized by court order if
the patient's mental condition is such that the patient no longer is a person requiring
treatment.
3. If a patient discharged under subsection 1 or 2 has been hospitalized by a court order,
or if court proceedings are pending, the treatment facility shall notify the court of the
discharge.
4. A person responsible for providing treatment, other than hospitalization, to an
individual ordered to undergo a program of alternative treatment may terminate the
alternative treatment if the patient is clinically suitable for termination of treatment. The
person shall terminate the alternative treatment if the patient no longer is a person
requiring treatment and shall notify the court upon that termination.
5. If, upon the discharge of a hospitalized patient or the termination of alternative
treatment of an individual under this chapter, the individual would benefit from further
treatment, the hospital or provider of alternative treatment shall offer appropriate
treatment on a voluntary basis or shall aid the individual to obtain treatment from
another source on a voluntary basis.
a. With the individual's consent, the superintendent or director shall notify the
appropriate community agencies or persons of the release and of the suggested
release plan. Community agencies include regional mental health centers, state
and local counseling services, public and private associations the function of
which is to assist persons who are mentally ill or individuals with a substance use
disorder, and the individual's physician.
b. The agencies and persons notified of the individual's release shall report to the
facility that initial contact with the individual has been accomplished.
6. If, before expiration of an initial treatment order, the superintendent or director
determines a less restrictive form of treatment is more appropriate for a patient
hospitalized by court order, the superintendent or director may petition the court that
last ordered the patient's hospitalization to modify the order of the court. The petition
must contain statements setting forth the reasons for the determination the patient
continues to be a person requiring treatment, the reasons for the determination a less
restrictive form of treatment is more appropriate for the patient, and describing the
recommended treatment program. If the patient consents, without a hearing, the court
may modify the treatment order of the court by directing the patient to undergo the
agreed treatment program for the remainder of the treatment order. The patient must
be given an opportunity to protest the discharge and modification of treatment order
and to receive a hearing on the merits of the protest.

### § 25-03.1-31. Procedure to extend continuing treatment orders - Respondent's right to

petition for discharge.
1. If the director or superintendent believes that a respondent continues to be a person
requiring treatment, the director or superintendent, not less than thirty days before
expiration of the order, shall petition the court where the facility is located for another
continuing treatment order in the manner prescribed by section 25-03.1-23. The
petition must also contain a notice to the respondent that, unless the respondent
waives a hearing on the petition within fifteen days after service of the petition upon
the respondent, a hearing will be held by the court. The court shall appoint counsel for
the respondent upon receipt of the petition, unless retained counsel has appeared on
behalf of the respondent. If retained counsel has appeared, the court shall provide
notice of the petition to the attorney. If the hearing is not waived, it must be held within
thirty days after the petition was filed, unless extended for good cause shown. The
burden of proof is the same as in an involuntary treatment hearing.
2. Every individual subject to an order of continuing treatment has the right to petition the
court for discharge once annually. The petition may be presented to the court or a
representative of the facility who shall transmit it to the court forthwith. If the patient is
indigent or is unable for reasons satisfactory to the court to obtain an independent
expert examiner, the court shall appoint an independent expert examiner to examine
the patient and to furnish a report to the court. The court shall set a hearing date which
must be within fourteen days of receipt of the examiner's report. At the hearing, the
burden of proof is the same as in an involuntary treatment hearing.
### § 25-03.1-32. Periodic hearing and petition for discharge - Continuing hospitalization.

Repealed by S.L. 1979, ch. 334, § 33.
### § 25-03.1-33. Legal incompetence - Presumption - Finding - Adjudication negated.

1. No determination that a person requires treatment, no court order authorizing
hospitalization or alternative treatment, nor any form of admission to a hospital gives
rise to a presumption of, constitutes a finding of, or operates as an adjudication of
legal incompetence, or of the inability to give or withhold consent.
2. No order of commitment under any previous statute of this state, in the absence of a
concomitant appointment of a guardian, constitutes a finding of or operates as an
adjudication of legal incompetence, or of the inability to give or withhold consent.
### § 25-03.1-34. Transfer of patients.

1. The superintendent or director of a treatment facility may transfer, or authorize the
transfer of, an involuntary patient from a hospital to another facility if the
superintendent or director determines it would be consistent with the medical needs of
the patient to do so. Due consideration must be given to the relationship of the patient
to family, legal guardian, or friends, so as to maintain relationships and encourage
visits beneficial to the patient. If a treatment facility licensed by any state for the care
and treatment of persons who are mentally ill or individuals with a substance use
disorder agrees with the patient or patient's guardian to accept the patient for
treatment, the superintendent or director of the treatment facility shall release the
patient to the other facility.
2. Upon receipt of notice from an agency of the United States that facilities are available
for the care or treatment of any individual ordered hospitalized who is eligible for care
or treatment in a treatment facility of that agency, the superintendent or director of the
treatment facility may cause the individual's transfer to that agency of the United
States for treatment. An individual may not be transferred to any agency of the United
States if the individual is confined pursuant to conviction of any felony or misdemeanor
or the individual has been acquitted of the charge solely on the ground of mental
illness unless the court originally ordering confinement of the individual enters an order
for transfer after appropriate motion and hearing. An individual transferred under this

section to an agency of the United States is deemed committed to that agency under
the original order of treatment.
3. A facility may not transfer a patient to another hospital or agency without first notifying
the patient and the patient's legal guardian, spouse, or next of kin, if known, or a
chosen friend of the patient and the court that ordered treatment. The patient must be
given an opportunity to protest the transfer and to receive a hearing on the protest.
The patient's objection to the transfer must be presented to the court where the facility
is located or to a representative of the facility within seven days after the notice of
transfer was received. If the objection is presented to a representative of the facility,
the representative shall transmit the objection to the court. The court shall set a
hearing date, which must be within fourteen days of the date of receipt of the
objection. If an objection has not been filed or the patient consents to a transfer, the
court may enter an ex parte order authorizing transfer.
### § 25-03.1-34.1. Exchange of individuals with a substance use disorder.

The commissioner of the department of health and human services or designee, a county, a
city, or a local law enforcement agency may enter into reciprocal agreements with the
appropriate authorities of any other state regarding the mutual exchange, return, and
transportation of individuals with a mental illness or substance use disorder who are treated or
confined in hospitals of one state for treatment of a substance use disorder or mental illness but
who have legal residence in another state.
### § 25-03.1-34.2. Interstate contracts for treatment of mental illness or a substance use

disorder.
1. For purposes of this section, "bordering state" means Minnesota, Montana, or South
Dakota.
2. Unless prohibited by another law and subject to the exceptions in subsection 4, the
department may contract with:
a. An appropriate treatment or detoxification facility in a bordering state for the
treatment of mental illness or substance use disorders or for providing substance
use disorder detoxification services for residents of North Dakota; or
b. A bordering state to allow for a public or private agency or facility to provide
treatment of mental illness or substance use disorders or to provide substance
use disorder detoxification services in North Dakota to residents of a bordering
state.
3. An individual who receives treatment for mental illness or a substance use disorder or
who receives substance use disorder detoxification services in another state under this
section is subject to the laws of the state in which treatment or detoxification is
provided. An individual who receives treatment or detoxification in another state under
this section must be informed of the consequences of receiving treatment or
detoxification in another state, including the implications of the differences in state
laws.
4. A contract may not be entered under this section for treatment or detoxification to an
individual who:
a. Is serving a sentence after conviction of a criminal offense;
b. Is the subject of a presentence investigation; or
c. Has been committed involuntarily in North Dakota under chapter 25-03.1 for
treatment of mental illness or a substance use disorder, except as provided under
subsection 6.
5. Contracts entered under this section must, at a minimum:
a. Describe the services to be provided;
b. Establish responsibility for the costs of services;
c. Establish responsibility for the costs of transporting an individual receiving
services under this section;
d. Specify the duration of the contract;
e. Specify the means of terminating the contract;

f. Specify the terms and conditions for refusal to admit or retain an individual; and
g. Identify the goals to be accomplished by the placement of an individual under this
section.
6. The department may enter negotiations with appropriate personnel of a bordering
state to develop an agreement that conforms to the requirements of this section. An
agreement with a bordering state may enable the placement in North Dakota of an
individual who requires detoxification services, is on an emergency hold, or who has
been involuntarily committed as mentally ill or having a substance use disorder in a
bordering state and enable the temporary placement in a bordering state of a patient
who requires detoxification services or who is on an emergency hold in North Dakota
under chapter 25-03.1.
7. An agreement with a bordering state must specify that:
a. North Dakota courts retain jurisdiction over North Dakota residents, and the
bordering state affords to North Dakota residents the rights afforded to the
residents under North Dakota law; and
b. Responsibility for payment for the cost of care of a resident of a bordering state
remains with the bordering state of which that individual is a resident and the cost
of care of a North Dakota resident remains with the state of North Dakota.
8. Individuals committed by a court of a bordering state and placed in North Dakota
facilities continue to be in the legal custody of the bordering state. The bordering
state's laws governing length of commitment, re-examinations, and extension of
commitment must continue to apply to these residents. In all other respects, residents
of a bordering state placed in North Dakota facilities are subject to North Dakota laws.
9. This section applies to detoxification services provided on a voluntary or involuntary
basis.
10. A public or private entity entering an agreement with a bordering state under this
section shall provide the department a copy of the agreement and any future
agreements or amendments within thirty days of the date of entering or amending the
agreement.
### § 25-03.1-35. Treatment by an agency of the United States.

1. If a respondent under this chapter is eligible for treatment by any agency of the United
States, the court, upon receipt of notice from that agency showing that facilities are
available and that the individual is eligible for care or treatment therein, may order the
respondent placed in the custody of the agency for treatment. Any individual admitted
under the order of the court to any treatment facility operated by any agency of the
United States within or without the state is subject to the rules and regulations of the
agency. The chief officer of any treatment facility operated by an agency has the same
powers as the heads of treatment facilities within this state with respect to detention,
custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained
in the committing court of this state at any time to inquire into the mental condition of
an individual so transferred or placed and to determine the necessity for continuance
of treatment.
2. An order of a court of competent jurisdiction of another state or of the District of
Columbia authorizing treatment of an individual by any agency of the United States
has the same force and effect as to the individual while in this state as in the
geographical jurisdiction of the court entering the order; and the courts of the state or
district issuing the order retain jurisdiction of the individual for the purposes of inquiring
into the individual's mental condition and of determining the necessity for continuance
of treatment. Consent is hereby given to the application of the law of the state or
district in which the court issuing the order for treatment is located with respect to the
authority of the chief officer of any treatment facility operated in this state by any
agency of the United States to retain custody, transfer, conditionally release, or
discharge the individual being treated.

### § 25-03.1-36. Escape of patient from treatment facility.

If any patient escapes from a treatment facility, the superintendent or director may cause an
immediate search to be made. If the patient cannot be found, the superintendent or director
shall cause notice of the escape to be given forthwith to the court of the county of residence of
the patient and to such health officials or officers of the law as may be of assistance in locating
the patient. If the patient is found in the county of residence, the court, at the request of the
superintendent or director, shall cause the patient to be returned to the treatment facility and
shall issue its order to that effect. The patient must thereupon be transported to the treatment
facility as provided in other cases. Should the patient be found other than in the county of the
patient's residence, the patient may be transported at the request of the superintendent to the
state hospital as directed and at the expense of the state hospital.
### § 25-03.1-37. Reports to and additional powers of department.

The superintendent or director of a treatment facility, by means of nonidentifying data, shall
notify the department of all admissions under this chapter to the state hospital or facility. In
addition to the specific authority granted under the provisions of this chapter, the department
shall have authority to require nonidentifying statistical data from the head of any hospital
relating to the admission, examination, diagnosis, release, or discharge of any mentally ill
patient.
### § 25-03.1-38. Expenses of district court serving Stutsman County.

All expenses of the district court serving Stutsman County involving patients in residence at
the state hospital must be paid by the state hospital under the direction of the department.
### § 25-03.1-39. Transportation - Expenses.

Whenever an individual is about to be involuntarily hospitalized under the provisions of this
chapter, an official or person designated by the court shall arrange for the individual's
transportation to the treatment facility with suitable medical or nursing attendants and by such
means as may be suitable for the individual's medical condition. Whenever practicable, the
individual to be hospitalized must be permitted to be accompanied by one or more of the
individual's friends or relatives, and when practicable shall not be transported by police officers
or in police vehicles. If the proposed patient is unable to pay for expenses of transportation, and
friends or relatives do not oblige themselves to pay such expenses, the court may direct that
such expenses be paid by the county of the patient's residence.
### § 25-03.1-40. Rights of patients.

Each patient of a treatment facility retains the following rights, subject only to the limitations
and restrictions authorized by section 25-03.1-41. A patient has the right:
1. To receive appropriate treatment for mental and physical ailments and for the
prevention of illness or disability.
2. To the least restrictive conditions necessary to achieve the purposes of treatment.
3. To be treated with dignity and respect.
4. To be free from unnecessary restraint and isolation.
5. To visitation and telephone communications.
6. To send and receive sealed mail.
7. To keep and use personal clothing and possessions.
8. To regular opportunities for outdoor physical exercise.
9. To be free to exercise religious faith of choice.
10. To be free from unnecessary medication.
11. To exercise all civil rights, including the right of habeas corpus.
12. Not to be subjected to experimental research without the express and informed written
consent of the patient or of the patient's guardian.
13. Not to be subjected to psychosurgery or electroconvulsive treatment without the
express and informed written consent of the patient or of the patient's guardian.

14. In a manner appropriate to the patient's capabilities, to ongoing participation in the
planning of services.
15. Not to be required to participate in the development of an individual treatment plan.
16. To be free from aversive reinforcement conditioning.
### § 25-03.1-41. Limitations and restrictions of patient's rights.

The rights enumerated in subsections 5, 6, 7, and 8 of section 25-03.1-40 may be limited or
restricted by the treating physician, physician assistant, psychiatrist, advanced practice
registered nurse, or psychologist trained in a clinical program, if in that individual's professional
judgment to do so would be in the best interests of the patient and the rights are restricted or
limited in the manner authorized by the rules adopted pursuant to section 25-03.1-46. When a
physician, physician assistant, psychiatrist, advanced practice registered nurse, or psychologist
trained in a clinical program responsible for treatment of a particular patient imposes a special
restriction on the rights of the patient as authorized by the rules, a written order specifying the
restriction and the reasons for the restriction must be signed by the physician, physician
assistant, psychiatrist, advanced practice registered nurse, or psychologist trained in a clinical
program and attached to the patient's chart. These restrictions must be reviewed at intervals of
not more than fourteen days and may be renewed by following the procedure set out in this
section.
### § 25-03.1-42. Limitation of liability - Penalty for false petition.

1. A person acting in good faith upon either actual knowledge or reliable information
which makes the petition for involuntary treatment of an individual under this chapter is
not subject to civil or criminal liability.
2. A physician, physician assistant, psychiatrist, psychologist, advanced practice
registered nurse, mental health professional, employee of a treatment facility, state's
attorney, or peace officer who in good faith exercises professional judgment in fulfilling
an obligation or discretionary responsibility under this chapter is not subject to civil or
criminal liability for acting unless it can be shown that it was done in a negligent
manner.
3. A person that makes a petition for involuntary treatment of an individual without having
good cause to believe the individual is a person who is both mentally ill and has a
substance use disorder and as a result is likely to cause serious harm to self or others
is guilty of a class A misdemeanor.
### § 25-03.1-43. Confidential records.

All information and records obtained in the course of an investigation, an evaluation, an
examination, or treatment under this chapter and the presence or past presence of a patient in a
treatment facility are confidential, but the information and records may be disclosed to and be
used by a court as required to carry out the purposes of this chapter, and as authorized under
title 45, Code of Federal Regulations, part 164. Courts also may release nonclinical identifying
information of persons subject to proceedings under this chapter for the purposes of section
### § 62.1-02-01.2. Any information disclosed to a court remains confidential information, except as

provided in section 62.1-02-01.2.
### § 25-03.1-44. Records of disclosure.

Repealed by S.L. 2003, ch. 225, § 6.
### § 25-03.1-45. Expungement of records.

Following the discharge of a respondent from a treatment facility or the state hospital or the
issuance of a court order denying a petition for commitment, a respondent may at any time
move to have all court records pertaining to the proceedings expunged on condition that the
respondent file a full release of all claims of whatever nature arising out of the proceedings.

### § 25-03.1-46. Rules and regulations - Preparation of forms.

The department shall, under chapter 28-32, adopt and enforce such rules as may be
necessary for the implementation of this chapter. The supreme court, in consultation with the
department, the associations of district judges and state's attorneys, and other affected
organizations, is responsible for the preparation and the department is responsible for
distribution of the necessary and appropriate forms to enable compliance with this chapter.
