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North Dakota House Bill HB1108

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1108 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1108
4-(Representatives Hager, Murphy)
5-(Senator Mathern)
6-AN ACT to amend and reenact section 25-03.1-34.2 of the North Dakota Century Code, relating to
7-interstate contracts for treatment of mental illness or a substance use disorder; and to declare
8-an emergency.
1+25.0751.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Hager, Murphy
7+Senator Mathern
8+A BILL for an Act to amend and reenact section 25-03.1-34.2 of the North Dakota Century
9+Code, relating to interstate contracts for treatment of mental illness or a substance use disorder;
10+and to declare an emergency.
911 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Section 25-03.1-34.2 of the North Dakota Century Code is amended
11-and reenacted as follows:
12-25-03.1-34.2. Interstate contracts for treatment of mental illness or a substance use disorder.
13-1.For purposes of this section, "bordering state" means Minnesota, Montana, or South Dakota.
12+SECTION 1. AMENDMENT. Section 25-03.1-34.2 of the North Dakota Century Code is
13+amended and reenacted as follows:
14+25-03.1-34.2. Interstate contracts for treatment of mental illness or a substance use
15+disorder.
16+1.For purposes of this section, "bordering state" means Minnesota, Montana, or South
17+Dakota.
1418 2.Unless prohibited by another law and subject to the exceptions in subsection 34, the
1519 department may contract with any:
16-a.An appropriate treatment or detoxification facility in a bordering state for the treatment of
17-mental illness or substance use disorders or for providing substance use disorder
18-detoxification services for residents of North Dakota. The department may also contract
19-with any; or
20-b.A bordering state to allow for a public or private agency or facility to provide treatment of
21-mental illness or substance use disorders or to provide substance use disorder
22-detoxification services in North Dakota to residents of a bordering state.
23-3.An individual who receives treatment for mental illness or a substance use disorder or who
24-receives substance use disorder detoxification services in another state under this section is
25-subject to the laws of the state in which treatment or detoxification is provided. An individual
26-who receives treatment or detoxification in another state under this section must be informed
27-of the consequences of receiving treatment or detoxification in another state, including the
28-implications of the differences in state laws.
20+a.An appropriate treatment or detoxification facility in a bordering state for the
21+treatment of mental illness or substance use disorders or for providing substance
22+use disorder detoxification services for residents of North Dakota. The
23+department may also contract with any; or
24+b.A bordering state to allow for a public or private agency or facility to provide
25+treatment of mental illness or substance use disorders or to provide substance
26+use disorder detoxification services in North Dakota to residents of a bordering
27+state.
28+3.An individual who receives treatment for mental illness or a substance use disorder or
29+who receives substance use disorder detoxification services in another state under
30+this section is subject to the laws of the state in which treatment or detoxification is
31+provided. An individual who receives treatment or detoxification in another state under
32+Page No. 1 25.0751.01000
33+ HOUSE BILL NO. 1108
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60+this section must be informed of the consequences of receiving treatment or
61+detoxification in another state, including the implications of the differences in state
62+laws.
2963 3.4.A contract may not be entered under this section for treatment or detoxification to
3064 individualsan individual who:
3165 a.AreIs serving a sentence after conviction of a criminal offense;
3266 b.Are on probation or parole;
3367 c.AreIs the subject of a presentence investigation; or
3468 d.Have
35-c.Has been committed involuntarily in North Dakota under chapter 25-03.1 for treatment of
36-mental illness or a substance use disorder, except as provided under subsection 56.
69+c.Has been committed involuntarily in North Dakota under chapter 25-03.1 for
70+treatment of mental illness or a substance use disorder, except as provided under
71+subsection 56.
3772 4.5.Contracts entered under this section must, at a minimum:
3873 a.Describe the services to be provided;
39-b.Establish responsibility for the costs of services; H. B. NO. 1108 - PAGE 2
40-c.Establish responsibility for the costs of transporting individualsan individual receiving
41-services under this section;
74+b.Establish responsibility for the costs of services;
75+c.Establish responsibility for the costs of transporting individualsan individual
76+receiving services under this section;
4277 d.Specify the duration of the contract;
4378 e.Specify the means of terminating the contract;
4479 f.Specify the terms and conditions for refusal to admit or retain an individual; and
4580 g.Identify the goals to be accomplished by the placement of an individual under this
4681 section.
47-5.6.The department may enter negotiations with appropriate personnel of a bordering state to
48-develop an agreement that conforms to the requirements of this section. An agreement with a
49-bordering state may enable the placement in North Dakota of individualsan individual who
50-requirerequires detoxification services, areis on an emergency holdshold, or who havehas
51-been involuntarily committed as mentally ill or having a substance use disorder in a bordering
52-state and enable the temporary placement in a bordering state of patientsa patient who
53-requirerequires detoxification services or who areis on an emergency holdshold in North
54-Dakota under chapter 25-03.1.
82+5.6.The department may enter negotiations with appropriate personnel of a bordering
83+state to develop an agreement that conforms to the requirements of this section. An
84+agreement with a bordering state may enable the placement in North Dakota of
85+individualsan individual who requirerequires detoxification services, areis on an
86+emergency holdshold, or who havehas been involuntarily committed as mentally ill or
87+having a substance use disorder in a bordering state and enable the temporary
88+placement in a bordering state of patientsa patient who requirerequires detoxification
89+services or who areis on an emergency holdshold in North Dakota under chapter
90+25-03.1.
91+Page No. 2 25.0751.01000
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123+Legislative Assembly
55124 7.An agreement with a bordering state must provide that the specify that:
56125 a.North Dakota courts retain jurisdiction over North Dakota residents, and that the
57-bordering state affords to North Dakota residents the rights afforded to the residents
58-under North Dakota law; and
59-b.Responsibility for payment for the cost of care of a resident of a bordering state remains
60-with the bordering state of which that individual is a resident and the cost of care of a
61-North Dakota resident remains with the state of North Dakota.
62-8.Individuals committed by a court of a bordering state and placed in North Dakota facilities
63-continue to be in the legal custody of the bordering state. The bordering state's laws governing
64-length of commitment, re-examinations, and extension of commitment must continue to apply
65-to these residents. In all other respects, residents of a bordering state placed in North Dakota
66-facilities are subject to North Dakota laws. An agreement with a bordering state must specify
67-that responsibility for payment for the cost of care of a resident of a bordering state remains
68-with the bordering state of which that individual is a resident and the cost of care of a North
69-Dakota resident remains with the state of North Dakota.
70-9.This section applies to detoxification services regardless of whether the services are provided
71-on a voluntary or involuntary basis.
72-10.A public or private entity entering an agreement with a bordering state under this section shall
73-provide the department a copy of the agreement and any future agreements or amendments
74-within thirty days of the date of entering or amending the agreement.
75-SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1108 - PAGE 3
76-____________________________ ____________________________
77-Speaker of the House President of the Senate
78-____________________________ ____________________________
79-Chief Clerk of the House Secretary of the Senate
80-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
81-Assembly of North Dakota and is known on the records of that body as House Bill No. 1108 and that
82-two-thirds of the members-elect of the House of Representatives voted in favor of said law.
83-Vote: Yeas 89 Nays 0 Absent 5
84-____________________________ ____________________________
85-Speaker of the House Chief Clerk of the House
86-This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
87-Vote: Yeas 46 Nays 1 Absent 0
88-____________________________ ____________________________
89-President of the Senate Secretary of the Senate
90-Received by the Governor at ________M. on _____________________________________, 2025.
91-Approved at ________M. on __________________________________________________, 2025.
92-____________________________
93-Governor
94-Filed in this office this ___________day of _______________________________________, 2025,
95-at ________ o’clock ________M.
96-____________________________
97-Secretary of State
126+bordering state affords to North Dakota residents the rights afforded to the
127+residents under North Dakota law; and
128+b.Responsibility for payment for the cost of care of a resident of a bordering state
129+remains with the bordering state of which that individual is a resident and the cost
130+of care of a North Dakota resident remains with the state of North Dakota.
131+8.Individuals committed by a court of a bordering state and placed in North Dakota
132+facilities continue to be in the legal custody of the bordering state. The bordering
133+state's laws governing length of commitment, re-examinations, and extension of
134+commitment must continue to apply to these residents. In all other respects, residents
135+of a bordering state placed in North Dakota facilities are subject to North Dakota laws.
136+An agreement with a bordering state must specify that responsibility for payment for
137+the cost of care of a resident of a bordering state remains with the bordering state of
138+which that individual is a resident and the cost of care of a North Dakota resident
139+remains with the state of North Dakota.
140+9.This section applies to detoxification services regardless of whether the services are
141+provided on a voluntary or involuntary basis.
142+10.A public or private entity entering an agreement with a bordering state under this
143+section shall provide the department a copy of the agreement and any future
144+agreements or amendments within thirty days of the date of entering or amending the
145+agreement.
146+SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
147+Page No. 3 25.0751.01000
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