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.
HB 1108 updates North Dakota’s law governing interstate contracts for treatment of mental illness and substance use disorders. The bill authorizes the Department of Health to contract with treatment or detoxification facilities in bordering states—Minnesota, Montana, and South Dakota—for North Dakota residents, and to contract with bordering states so their residents can receive treatment or detoxification services in North Dakota. It also clarifies that people receiving services under these agreements are subject to the laws of the state where treatment is provided, and must be informed about the legal consequences of receiving care across state lines.
The bill tightens and reorganizes the rules for who may be placed under these interstate arrangements, including exclusions for people serving criminal sentences, on probation or parole, under presentence investigation, or involuntarily committed in North Dakota, except where otherwise allowed. It requires contracts to spell out services, costs, transportation, duration, termination terms, admission/refusal conditions, and treatment goals. It also allows agreements for emergency holds, detoxification services, and involuntary commitments, while requiring that North Dakota courts retain jurisdiction over North Dakota residents and that each state remains responsible for paying for its own residents’ care. Public or private entities that enter these agreements must provide copies to the department within 30 days, and the act is declared an emergency measure.
The bill’s impact is to refine and expand the statutory framework for cross-border behavioral health placement and detoxification services, affecting the Department of Health, treatment facilities, and residents who may need care in neighboring states. It preserves state jurisdiction and payment responsibility rules while making interstate treatment arrangements more explicit and administratively structured under section 25-03.1-34.2 of the Century Code.
The overall sentiment appears strongly supportive and noncontroversial. The bill passed the House 89-0 and the Senate 46-1, indicating broad bipartisan agreement that the interstate treatment framework should be clarified and maintained. The emergency clause suggests lawmakers viewed the changes as needing immediate effect, likely to support timely access to treatment and detoxification services.
There is little visible contention in the available record, but the statutory language itself reflects the main policy balance: expanding access to out-of-state care while limiting use for certain justice-involved or involuntarily committed individuals and preserving jurisdiction and financial responsibility. Any concern would likely center on cross-state legal differences, custody issues, and cost allocation, but no committee testimony or recorded debate is available here showing active opposition.
HB 1108 amends North Dakota Century Code section 25-03.1-34.2 to authorize and clarify interstate agreements for mental health treatment and substance use disorder treatment or detoxification services with bordering states. It affects the Department of Health, public and private treatment providers, North Dakota residents receiving care out of state, and residents of bordering states receiving care in North Dakota. The bill also specifies jurisdiction, legal-status, and payment rules, and requires contract reporting to the department.
The bill appears to have been viewed favorably and as a practical administrative update. It passed with overwhelming support in both chambers, with only one dissenting vote in the Senate and none in the House. The emergency designation further suggests lawmakers considered the measure timely and important for access to behavioral health services.
No formal committee debate or testimony is provided, and the recorded votes show minimal opposition. The main policy issues embedded in the bill are the limits on who can be placed under interstate agreements, the application of the receiving state’s laws, and the allocation of jurisdiction and costs between states. Those provisions are the most likely sources of concern, especially for justice-involved individuals, involuntary commitments, and cross-border liability or reimbursement questions.