# Title 25 — Mental and Physical Illness or Disability

## Chapter 25-02 — State Hospital

### § 25-02-01. State hospital for the mentally ill - Location - Title - Administration and

control.
An institution for the care of the mentally ill must be maintained at the city of Jamestown
and must be known as the state hospital. The department of health and human services shall
administer and control the state hospital.
### § 25-02-01.1. Maintenance of state hospital accreditation - Governing body membership

- Authority.
1. The department of health and human services shall seek appropriations and resources
sufficient to ensure maintenance of the state hospital's accreditation by the joint
commission and certification by the centers for Medicare and Medicaid services or by
similar accrediting and certifying organizations and agencies possessing hospital
standards recognized by the health care industry and accepted by the department.
2. The department, in consultation with the state hospital, shall create a state hospital
governing body and shall by rules, policies, or bylaws describe the powers and duties
of the governing body. The department shall compensate members not employed by
the department in the amount of one hundred dollars per day and reimburse members
for expenses incurred in attending meetings in the amounts provided by sections
3. The governing body must be composed of the commissioner of the department of
health and human services or designee; the director of the division of behavioral
health of the department or designee, who shall serve as chairman of the governing
body; the state hospital superintendent; the state hospital medical director; a
representative of the department's fiscal administration division; a behavioral health
consumer selected by the mental health association; and a legislator selected by the
legislative management. The governing body may include other persons as appointed
by the governing body.
### § 25-02-02. Additional hospital for mentally ill located at Rugby.

Repealed by S.L. 2017, ch. 353, § 10.
### § 25-02-03. Object of state hospital.

The state hospital is an institution for mental diseases serving specialized populations of
individuals with severe mental illness, including individuals with a substance use disorder. The
state hospital is one component of the North Dakota mental health delivery system and serves
as a resource to community-based treatment programs. The state hospital shall, pursuant to
rules or policies adopted by the department of health and human services, receive and care for
all eligible individuals with severe mental illness, including individuals with a substance use
disorder, residing within this state in accordance with this title, and may furnish to those
individuals all needed food, shelter, treatment, and support.
### § 25-02-03.1. Collaborative care - Consultation services.

The state hospital may provide behavioral health collaborative care and consultation
services, including psychiatric consultation, with private providers and correctional facility
providers.
### § 25-02-04. Superintendent to possess certain qualifications - Medical director -

Employees.
The superintendent of the state hospital must be a skilled health care administrator with
professional training and experience relating to the management of facilities for mentally ill and
chemically dependent persons and relating to the needs of the mentally ill and chemically
dependent persons. The medical director, who must be a licensed physician and board-certified

psychiatrist, shall recommend appointment of all physicians and clinical staff, define their
qualifications and duties, and have final authority for the organization and delivery of all medical
and clinical services delivered to patients at the state hospital. The state hospital governing
body has final approval of all physician and clinical staff appointments to the state hospital. The
superintendent shall appoint the medical director in consultation with the supervising officer and
with the approval of the governing body. If the superintendent is not a licensed physician and
board-certified psychiatrist, the medical director, or a qualified designee of the medical director,
shall act as the superintendent's designee in all matters in which the superintendent's opinion
on medical or clinical treatment is required by law. Every physician on the professional staff
must have a license issued by the North Dakota board of medicine.
### § 25-02-05. Superintendent to furnish forms and bylaws to county mental health

boards.
Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-05.1. Specialists.

Repealed by S.L. 1957, ch. 196, § 22.
### § 25-02-06. Nonresidents admitted to state hospital.

A resident of another state or territory may be admitted to the state hospital upon payment
of the full cost of treatment of such nonresident, but no resident of another state or territory may
be received for treatment to the exclusion of any resident of this state.
### § 25-02-06.1. Disposition of nonresidents - Exceptions - Reciprocal agreements.

If a person who has no legal residence in this state or whose residence is unknown is found
to be a person requiring treatment in the state hospital, the person must be sent to the state
hospital in the same manner, and accompanied by the same documents, as in the case of a
resident of this state. The supervising department shall immediately inquire as to the residence
of the person, and, if the residence is found to be in another state or country, the supervising
department may arrange for transportation of the person to the place of legal residence or legal
settlement. The supervising department may enter into reciprocal agreements with other states
regarding the mutual exchange, return, and transportation of persons requiring treatment who
are within one state but have legal residence or legal settlement in another state. The
agreements may not contain any provision conflicting with any law of this state.
### § 25-02-07. Disposition of mentally ill nonresident.

Repealed by S.L. 1961, ch. 211, § 9.
### § 25-02-08. Expense for care of patient.

Repealed by S.L. 1961, ch. 211, § 9.
### § 25-02-09. Care of patients to be impartial.

All patients at the state hospital must be provided with equal care and treatment in
accordance with the different degrees or conditions of mental and physical health.
### § 25-02-10. Attorney general to bring action against county.

Repealed by S.L. 1961, ch. 211, § 9.
### § 25-02-11. County mental health board - Members, appointment, term, quorum.

Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-12. Oath required of appointive members.

Repealed by S.L. 1977, ch. 239, § 48.

### § 25-02-13. Meetings of county mental health board.

Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-14. Duties of chairman of county mental health board.

Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-15. Absence of member of county mental health board - Substitute.

Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-16. Powers of county mental health board.

Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-17. Compensation and expenses of county mental health board.

Repealed by S.L. 1977, ch. 239, § 48.
### § 25-02-18. Nonliability of certain officers for detention of mentally ill persons.

Repealed by S.L. 1977, ch. 239, § 48.
