North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 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 4, the department may contract with:

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:

5. Contracts entered under this section must, at a minimum:

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:

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.