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HB 1108

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.

69th Legislative Assembly (2025-26) Introduced by LaurieBeth Hager and 2 co-sponsors

Allows North Dakota to contract with bordering states for cross‑border mental health/SUD treatment and detox, with jurisdiction and cost rules.

Filed with Secretary Of State 03/18
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Bill Summary · HB 1108

Summary — North Dakota HB 1108 (2025)

Amends NDCC §25-03.1-34.2 — Interstate contracts for treatment of mental illness or a substance use disorder; emergency clause

Purpose and intent

The bill authorizes the state (the relevant “department” under the cited chapter) to enter interstate contracts and agreements with specified neighboring states, facilities, and agencies to arrange treatment and detoxification services for residents across state lines. It clarifies jurisdiction, payment responsibility, patient rights, and minimum contract terms to facilitate cross‑border placement and care for mental illness and substance use disorders (SUD). An emergency clause makes the act effective immediately upon enactment.

Key provisions / changes

  • Defines “bordering state” for this section as Minnesota, Montana, or South Dakota.
  • Authorizes the department, unless otherwise prohibited and subject to specified exceptions, to:
    • Contract with treatment or detoxification facilities in a bordering state to provide mental‑health or SUD treatment or detox services for North Dakota residents; and
    • Contract with a bordering state to permit public or private agencies or facilities to provide treatment or detox services in North Dakota to that state’s residents.
  • Requires that individuals who receive treatment or detox services in another state pursuant to such contracts:
    • Be subject to the laws of the state where services are provided; and
    • Be informed of the consequences and legal implications arising from differences in state laws.
  • Prohibits entering contracts for treatment/detox for persons who:
    • Are serving a sentence after conviction;
    • Are on probation or parole;
    • Are the subject of a presentence investigation; or
    • Have been involuntarily committed in North Dakota under chapter 25‑03.1 (with a limited exception noted in the statute).
  • Specifies minimum contract elements: description of services; responsibility for service costs; responsibility for transport costs; contract duration; termination processes; terms for refusal to admit or retain an individual; and goals for placement.
  • Allows negotiation of interstate agreements to enable:
    • Placement of individuals from bordering states into North Dakota facilities (and vice versa) for detox, emergency holds, or involuntary commitments, while addressing jurisdictional and payment issues.
  • Clarifies custody and law application:
    • Individuals committed by a bordering state and placed in ND remain in the legal custody of the committing state; the committing state’s laws on commitment length, re‑examination, and extension continue to apply; otherwise such individuals are subject to ND law.
  • Applies to detoxification services whether provided voluntarily or involuntarily.
  • Requires any public or private entity entering such an agreement to provide the department a copy of the agreement or amendments within 30 days.

Who is affected

  • North Dakota residents needing inpatient mental‑health treatment, SUD treatment, or detox services who may be placed out of state.
  • Bordering‑state residents who may be placed in North Dakota facilities.
  • Treatment and detox facilities and public/private agencies in ND and bordering states.
  • The department administering the statute (per the chapter’s defined agency) and state courts regarding jurisdictional matters.
  • State governments (payment responsibility remains with the resident’s state) and transporting entities.

Procedural/timeline aspects

  • The act contains an emergency clause and takes effect immediately upon enactment.
  • Contracts/agreements must comply with the statutory minimum terms and the 30‑day reporting requirement to the department.

Sponsors / Origin

  • Introduced in the Sixty‑ninth Legislative Assembly (2025) by Representatives Hager and Murphy; Senator Mathern is also listed. The bill text appears as an amendment and reenactment of NDCC §25‑03.1‑34.2.

If you want, I can:
- Pull the precise legislative history (dates, votes) for North Dakota HB 1108; or
- Draft a plain‑language notice for patients explaining key implications of being placed in another state for treatment.

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

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