§ 25-03.1-34.2 — Interstate contracts for treatment of mental illness or a substance use disorder

North Dakota § 25-03.1-34.2

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-03.1: Commitment Procedures

Text

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.