Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1108
(Representatives Hager, Murphy)
(Senator Mathern)
AN ACT to amend and reenact section 25-03.1-34.2 of the North Dakota Century Code, relating to
interstate contracts for treatment of mental illness or a substance use disorder; and to declare
an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 25-03.1-34.2 of the North Dakota Century Code is amended
and reenacted as follows:
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 34, the
department may contract with any:
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. The department may also contract
with any; 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.
3.4.A contract may not be entered under this section for treatment or detoxification to
individualsan individual who:
a.AreIs serving a sentence after conviction of a criminal offense;
b.Are on probation or parole;
c.AreIs the subject of a presentence investigation; or
d.Have
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 56.
4.5.Contracts entered under this section must, at a minimum:
a.Describe the services to be provided;
b.Establish responsibility for the costs of services; H. B. NO. 1108 - PAGE 2
c.Establish responsibility for the costs of transporting individualsan 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.
5.6.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 individualsan individual who
requirerequires detoxification services, areis on an emergency holdshold, or who havehas
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 patientsa patient who
requirerequires detoxification services or who areis on an emergency holdshold in North
Dakota under chapter 25-03.1.
7.An agreement with a bordering state must provide that the specify that:
a.North Dakota courts retain jurisdiction over North Dakota residents, and that 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. An agreement with a bordering state must specify
that 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.
9.This section applies to detoxification services regardless of whether the services are 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.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1108 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1108 and that
two-thirds of the members-elect of the House of Representatives voted in favor of said law.
Vote: Yeas 89 Nays 0 Absent 5
____________________________ ____________________________
Speaker of the House Chief Clerk of the House
This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
Vote: Yeas 46 Nays 1 Absent 0
____________________________ ____________________________
President of the Senate Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State