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Current as of January 01, 2024 | Updated by Findlaw Staff
An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not at any time:
1. Be subjected to any corporal punishment or shock treatment.
2. Be secluded, except to ensure immediate physical safety of the individual or others.
3. Be restrained, except to ensure immediate physical safety of the individual or others.
4. Be subjected to psychosurgery, sterilization, medical behavioral research, or pharmacological research, except in conformity with an order of a court of competent jurisdiction. Under no circumstances may an individual receiving treatment be subjected to hazardous or intrusive experimental research that is not directly related to the specific goals of that individual's treatment program.
5. Be subjected to electroconvulsive therapy without that individual's or guardian's written and informed consent. If the recipient of services is a minor, the recipient's parent, custodian, or guardian may provide informed consent for that treatment, which the parent, custodian, or guardian believes to be in the recipient's best interests.
Cite this article: FindLaw.com - North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-01.2-09. Punishment--Seclusion--Restraints--Psychosurgery--Sterilization--Shock treatment - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-25-mental-and-physical-illness-or-disability/nd-cent-code-sect-25-01-2-09/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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