North Dakota § 25-03.1-42 Limitation of liability - Penalty for false petition

North Dakota Statutes

§ 25-03.1-42 — Limitation of liability - Penalty for false petition

North Dakota § 25-03.1-42

Title 25Mental and Physical Illness or Disability

Ch. 25-03.1Commitment Procedures

This text of North Dakota § 25-03.1-42 (Limitation of liability - Penalty for false petition) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 25-03.1-42 (2026).

Text

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

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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.