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.
Summary
HB 1108 amends North Dakota’s interstate treatment contract statute for mental illness and substance use disorders. The bill authorizes the Department of Health and Human Services to contract with treatment or detoxification facilities in bordering states—Minnesota, Montana, and South Dakota—for North Dakota residents, and to enter reciprocal arrangements allowing bordering-state residents to receive treatment or detox services in North Dakota. It also clarifies that these arrangements may cover voluntary and involuntary detoxification services, emergency holds, and certain involuntary commitments, while excluding people serving criminal sentences, on probation or parole, under presentence investigation, or otherwise barred by law.
The bill sets out required terms for interstate agreements, including service descriptions, cost allocation, transportation responsibility, contract duration, termination terms, admission/refusal conditions, and placement goals. It also requires that North Dakota courts retain jurisdiction over North Dakota residents treated in another state, that patients be informed of the legal consequences of receiving care across state lines, and that each state remain financially responsible for its own residents’ care. Public or private entities entering these agreements must provide copies and amendments to the department within 30 days. The bill is declared an emergency measure, making it effective immediately upon enactment.
Impact
HB 1108 updates and expands section 25-03.1-34.2 of the North Dakota Century Code governing interstate mental health and substance use disorder treatment agreements. It affects the Department of Health and Human Services, treatment and detoxification facilities, and residents of North Dakota and neighboring states who may receive care across state lines. The bill primarily clarifies legal authority, jurisdiction, and payment responsibilities for cross-border placements and treatment arrangements, and it reinforces reporting requirements for agreements entered by public or private entities.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the House 89-0 and the Senate 46-1, indicating strong agreement that the interstate treatment framework should be updated and clarified. The emergency clause suggests lawmakers viewed the changes as time-sensitive and operationally important for behavioral health and detoxification services.
Contention
There is little evidence of major controversy in the available record. The main policy issues embedded in the bill are jurisdiction, financial responsibility, and the scope of who may be placed under interstate agreements, especially for involuntary treatment or emergency holds. The narrow Senate dissent suggests at least one member had reservations, but no committee testimony or recorded debate is available here to identify the specific objection.
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.
AN ACT to amend and reenact section 25-03.1-26 of the North Dakota Century Code, relating to an emergency mental health petition; and to declare an emergency.
AN ACT to amend and reenact sections 19-03.1-05, 19-03.1-09, and 19-03.1-11 of the North Dakota Century Code, relating to the scheduling of controlled substances; and to declare an emergency.
AN ACT to amend and reenact sections 25-01.1-07, 25-02-01.1, and 25-02-03 of the North Dakota Century Code, relating to the North Dakota state hospital.