2016 North Dakota Century Code Title 25 Mental and Physical Illness or Disability Chapter 25-02 State Hospital
Download as PDF
CHAPTER 25-02
STATE HOSPITAL
25-02-01. State hospital for the mentally ill - Location - Title - Administration and
control.
An institution for the care of the mentally ill must be maintained at the city of Jamestown
and must be known as the state hospital. The department of human services shall administer
and control the state hospital.
25-02-01.1. Maintenance of state hospital accreditation - Governing body membership
- Rulemaking authority.
1. The department of human services shall seek appropriations and resources sufficient
to ensure maintenance of the state hospital's accreditation by the joint commission on
accreditation of health care organizations and certification by the health care financing
administration or by similar accrediting and certifying organizations and agencies
possessing hospital standards recognized by the health care industry and accepted by
the department.
2. The department, in consultation with the state hospital, shall create a state hospital
governing body and shall by rules describe the powers and duties of the governing
body. The department shall compensate members not employed by the department in
the amount of one hundred dollars per day and reimburse members for expenses
incurred in attending meetings in the amounts provided by sections 44-08-04 and
54-06-09.
3. The governing body must be composed of the executive director of the department of
human services; the director of the division of mental health services of the
department, who shall serve as chairman of the governing body; the state hospital
superintendent; the state hospital medical director; a representative of the fiscal
management of the state hospital; a mental health services consumer selected by the
mental health association; and a legislator selected by the legislative management.
The governing body may include other persons as appointed by the governing body.
25-02-02. Additional hospital for mentally ill located at Rugby.
The additional hospital for the mentally ill authorized by section 13 of article IX of the
Constitution of North Dakota must be located at or near Rugby, North Dakota.
25-02-03. Object of state hospital.
The state hospital is an institution for mental diseases serving specialized populations of the
mentally ill, including persons suffering from drug addiction or alcoholism. The state hospital is
one component of the North Dakota mental health delivery system and serves as a resource to
community-based treatment programs. The state hospital shall, pursuant to rules adopted by
the department of human services, receive and care for all mentally ill persons, including
persons suffering from drug addiction or alcoholism, residing within this state in accordance with
this title, and shall furnish to those mentally ill persons all needed food, shelter, treatment, and
support that may tend to restore their mental health or to alleviate their illness or suffering.
25-02-04. Superintendent to possess certain qualifications - Medical director Employees.
The superintendent of the state hospital must be a skilled health care administrator with
professional training and experience relating to the management of facilities for mentally ill and
chemically dependent persons and relating to the needs of the mentally ill and chemically
dependent persons. The medical director, who must be a licensed physician and board-certified
psychiatrist, shall recommend appointment of all physicians and clinical staff, define their
qualifications and duties, and have final authority for the organization and delivery of all medical
and clinical services delivered to patients at the state hospital. The state hospital governing
body has final approval of all physician and clinical staff appointments to the state hospital. The
Page No. 1
superintendent shall appoint the medical director in consultation with the supervising officer and
with the approval of the governing body. If the superintendent is not a licensed physician and
board-certified psychiatrist, the medical director, or a qualified designee of the medical director,
shall act as the superintendent's designee in all matters in which the superintendent's opinion
on medical or clinical treatment is required by law. Every physician on the professional staff
must have a license issued by the North Dakota board of medicine.
25-02-05. Superintendent to furnish forms and bylaws to county mental health
boards.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-05.1. Specialists.
Repealed by S.L. 1957, ch. 196, § 22.
25-02-06. Nonresidents admitted to state hospital.
A resident of another state or territory may be admitted to the state hospital upon payment
of the full cost of treatment of such nonresident, but no resident of another state or territory may
be received for treatment to the exclusion of any resident of this state.
25-02-06.1. Disposition of nonresidents - Exceptions - Reciprocal agreements.
If a person who has no legal residence in this state or whose residence is unknown is found
to be a person requiring treatment in the state hospital, the person must be sent to the state
hospital in the same manner, and accompanied by the same documents, as in the case of a
resident of this state. The supervising department shall immediately inquire as to the residence
of the person, and, if the residence is found to be in another state or country, the supervising
department may arrange for transportation of the person to the place of legal residence or legal
settlement. The supervising department may enter into reciprocal agreements with other states
regarding the mutual exchange, return, and transportation of persons requiring treatment who
are within one state but have legal residence or legal settlement in another state. The
agreements may not contain any provision conflicting with any law of this state.
25-02-07. Disposition of mentally ill nonresident.
Repealed by S.L. 1961, ch. 211, § 9.
25-02-08. Expense for care of patient.
Repealed by S.L. 1961, ch. 211, § 9.
25-02-09. Care of patients to be impartial.
All patients at the state hospital must be provided with equal care and treatment in
accordance with the different degrees or conditions of mental and physical health.
25-02-10. Attorney general to bring action against county.
Repealed by S.L. 1961, ch. 211, § 9.
25-02-11. County mental health board - Members, appointment, term, quorum.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-12. Oath required of appointive members.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-13. Meetings of county mental health board.
Repealed by S.L. 1977, ch. 239, § 48.
Page No. 2
25-02-14. Duties of chairman of county mental health board.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-15. Absence of member of county mental health board - Substitute.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-16. Powers of county mental health board.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-17. Compensation and expenses of county mental health board.
Repealed by S.L. 1977, ch. 239, § 48.
25-02-18. Nonliability of certain officers for detention of mentally ill persons.
Repealed by S.L. 1977, ch. 239, § 48.
Page No. 3
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
