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SB 2113

AN ACT to create and enact two new sections to chapter 50-06 of the North Dakota Century Code, relating to certified community behavioral health clinics and the financing of health and human services; to amend and reenact section 12.1-04-06, subsection 4 of section 20.1-03-04, sections 25-03.1-03.1 and 25-03.1-04, subsection 3 of section 25-03.1-08, section 25-03.1-10, subsection 3 of section 25-03.1-11, subsection 1 of section 25-03.1-19, subsection 2 of section 25-03.1-26, subdivision b of subsection 2 of section 26.1-36-08, subdivisions c and d of subsection 2 of section 26.1-36-09, subsection 9 of section 43-12.1-04, subsection 6 of section 43-41-02, subdivision b of subsection 1 of section 44-04-18.30, sections 50-06-01, 50-06-01.4, 50-06-01.7, 50-06-05.1, 50-06-05.2, 50-06-05.3, 50-06-05.4, 50-06-05.5, 50-06-06.2, 50-06-06.5, and 50-06-06.13, subsections 1 and 3 of section 50-06-15, sections 50-06-33 and 50-06-41.3, subsection 1 of section 50-06-42, subsection 1 of section 50-06-42.1, and sections 50-06-46, 50-06.2-01, 50-06.2-02, 50-06.2-03, 50-06.3-02, and 50-06.3-04 of the North Dakota Century Code, relating to the powers and duties of the department of health and human services, treatment hearing timelines, and membership of the cross-disability advisory council; to provide for a legislative management study; and to provide an expiration date.

69th Legislative Assembly (2025-26)

Creates certified community behavioral health clinics and a financing framework, centralizes screenings under DHHS/state clinics, and updates treatment hearing timelines.

Filed with Secretary Of State 05/02
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Bill Summary · SB 2113

Summary — SB 2113 (North Dakota, 2025)

Status: Introduced Mar 10, 2025; passed by the Legislature (conference committee report adopted); filed with Secretary of State 05/02/2025. (Bill was prepared at the request of the Department of Health and Human Services.)

Purpose / Intent

SB 2113 modernizes statutes governing publicly provided behavioral health services by (1) creating statutory authority for certified community behavioral health clinics and a financing framework for health and human services, and (2) reorganizing and clarifying the powers, duties, and operational role of the Department of Health and Human Services (DHHS) and state-operated behavioral health clinics in screening, treatment, court evaluations, and related procedures. The bill also updates timelines for treatment hearings and revises membership of the cross‑disability advisory council. It provides for a legislative management study and contains an expiration date for certain provisions.

Key provisions (high level)

  • Creates and enacts two new sections in chapter 50‑06 NDCC establishing certified community behavioral health clinics and provisions for financing health and human services (specific text in bill).
  • Replaces or clarifies references to “regional human service center” with “state‑operated behavioral health clinic” across numerous statutes (e.g., screening, detention for examination, disclosure of health information).
  • Clarifies disclosure rules allowing treating facilities/mental health professionals to share individually identifiable health information with courts, DHHS/state‑operated behavioral health clinics, state's attorneys, appointed/retained counsel, and other mental health professionals for treatment, coordination, and to carry out purposes of the mental health chapter.
  • Establishes that screenings to public treatment facilities (for mental illness or substance use disorder) must be performed by the regional human service center/state‑operated behavioral health clinic in the region where the person is located; requires designation of tier 1 or tier 2 mental health professional upon admittance.
  • Modifies procedures for involuntary treatment petitions and court‑ordered examinations, and authorizes state‑operated behavioral health clinics to be considered as least‑restrictive evaluation settings when appropriate.
  • Updates multiple cross‑references in ND Century Code (see bill for full list: e.g., sections in chapters 12.1, 20.1, 25‑03.1, 26.1, 43, 44, 50‑06).
  • Revises treatment hearing timelines and membership composition for the cross‑disability advisory council.
  • Provides for a legislative management study (appropriation language appears in committee versions) and includes an expiration date for certain provisions.

Who/what is affected

  • Department of Health and Human Services and state‑operated behavioral health clinics / regional human service centers
  • People subject to mental health screenings, evaluations, involuntary treatment petitions, and related court proceedings (defendants, respondents, patients)
  • Mental health professionals (tier 1 / tier 2), treating facilities, courts, state's attorneys, appointed/retained counsel
  • Facilities licensed by DHHS and institutions referenced in other code sections (schools for the deaf/blind, correctional facilities)
  • Cross‑disability advisory council membership and stakeholders participating in advisory roles
  • Medicaid/medical assistance provisions referenced (potential effects on financing and provider designations)

Procedural / timeline notes

  • Bill text amends and reenacts numerous NDCC sections; multiple committee and conference committee amendments were adopted during the legislative process.
  • Conference committee language specifically added (a) treatment hearing timelines, (b) membership changes for the cross‑disability advisory council, (c) a legislative management study, and (d) an expiration date for some provisions.
  • For precise effective dates, expiration details, and the exact statutory language (including the two new sections in chapter 50‑06), consult the enrolled bill text and the codified statutes after filing.

Potential impacts / considerations

  • Centralizes and clarifies the role of state‑operated behavioral health clinics in screening and court‑ordered evaluations, which may change how and where evaluations occur and how information is shared.
  • May affect workflow for courts, law enforcement, and providers (timing of hearings, designation of examiners, information disclosures).
  • Could change financing/Medicaid relationships for behavioral health services depending on the content of the two new financing sections.
  • Stakeholders (providers, counties, legal counsel, patient advocates, advisory council members) should review specific statutory changes to assess operational and fiscal effects.

For the full list of amended sections and the exact statutory language, see the enrolled (reengrossed) bill text as passed by the Legislature.

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

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