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SB 2181

A BILL for an Act to create and enact a new section to chapter 65-05 of the North Dakota Century Code, relating to posttraumatic stress disorder duration limits; to amend and reenact subsection 11 of section 65-01-02 of the North Dakota Century Code, relating to workers' compensation coverage for posttraumatic stress disorder; to provide for application; and to provide an expiration date.

69th Legislative Assembly (2025-26) Introduced by Sean Cleary and 4 co-sponsors

ND SB 2181 would clarify PTSD as potentially compensable under workers’ comp if proven with evidence, and establish duration limits for PTSD claims.

Second reading, failed to pass, yeas 16 nays 29
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Bill Summary · SB 2181

Summary — SB 2181 (North Dakota)

Status: Introduced March 10, 2025; Second reading — failed to pass (yeas 16, nays 29)

Purpose

SB 2181 would amend North Dakota workers’ compensation law to (1) add a new section to chapter 65‑05 establishing duration limits for posttraumatic stress disorder (PTSD) claims and (2) revise the statutory definition of “compensable injury” (NDCC § 65‑01‑02(11)) to clarify when PTSD is compensable. The bill also includes application provisions and an expiration date for the new authority.

Key provisions and changes

  • Amend NDCC § 65‑01‑02(11) (definition of “compensable injury”)
    • Retains broad framework that compensable injuries must be established by medical evidence supported by objective findings.
    • Explicitly lists PTSD as a potentially compensable condition if the employee proves, by a preponderance of the evidence, that:
    • The triggering event was “extraordinary,” involving unusual stress beyond the day‑to‑day strain experienced by similarly situated employees.
    • The mental injury is diagnosed by a licensed psychiatrist or psychologist and meets DSM criteria (specified as DSM‑5, text revision 2022).
    • The condition did not pre‑exist the employment event.
    • Employment‑related causes constitute at least 50% of the causal contribution to the PTSD (i.e., “reasonable medical certainty” that unusual stress is ≥50% of the cause compared with all other contributing causes combined).
    • Lists exclusions: mental injuries that are the result of routine employer actions taken in good faith (discipline, evaluations, transfers, layoffs, demotion, termination) are not compensable; other standard exclusions remain (self‑inflicted injury, intoxication, illegal acts, injuries that are primarily pre‑existing unless substantially accelerated, etc.).
    • Preserves a special‑rules carve‑outs (e.g., an altercation exclusion does not apply to public safety employees in some circumstances).
  • New section to chapter 65‑05 (PTSD duration limits)
    • The bill text indicates creation of a statutory section establishing duration limits for PTSD claims (e.g., caps on time‑limited benefits or treatment periods), but the specific duration limits and mechanics are not included in the supplied text.
  • Application and expiration
    • The bill states it will provide for application and contains an expiration date (text supplied does not show the specific effective date or the expiration date).

Who would be affected

  • Employees in “hazardous employment” (and more broadly those seeking workers’ compensation for PTSD).
  • Employers and workers’ compensation carriers (potentially altered exposure for PTSD claims).
  • Treating mental‑health providers (diagnosis and causation standards clarified).
  • State workers’ compensation administration/claim adjudicators (new statutory standards to apply).

Procedural/timeline notes

  • Introduced March 10, 2025. Referred to committee (Health & Human Services).
  • Second reading failed (yeas 16 — nays 29). As reported, the bill did not advance past that stage.
  • Sponsors listed: Senators Rummel, Cleary, Hogue; Representatives Lefor, Ista.

Note: The materials provided included texts of unrelated SB 2181 bills from other states (Illinois, Mississippi). This summary focuses on the North Dakota SB 2181 material described in the bill header and legislative actions. The new chapter 65‑05 provision (actual duration limits and the exact expiration date) was not included in the supplied text; readers should consult the bill’s official text for those specifics.

Compiled from official sources — confirm details with the bill’s official record.

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