25-01-01. Definitions.
822 words·~4 min read·
/nd/title-25/chapter-25-01-general-provisions/25-01-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title, unless the context or subject matter otherwise requires:
1. "Licensed physician" means an individual licensed under the laws of this state to
practice medicine and also means a medical officer of the government of the United
States while in this state in the performance of the physician's official duties.
2. "Mentally ill individual" means an individual having a psychiatric or other disease which
substantially impairs the individual's mental health.
3. "North Dakota vision services - school for the blind" means the North Dakota vision
services - school for the blind as maintained under section 25-06-01.
4. "School for the deaf" means the school for the deaf of North Dakota.
5. "State hospital" means the state hospital for the mentally ill.
6. "Superintendent" means the superintendent of the state hospital, of the life skills and
transition center, of North Dakota vision services - school for the blind, or of the school
for the deaf, as the case may be.
7. "Supervising officer" means the commissioner of the department of health and human
services or designee or the superintendent of public instruction, as the case may be.
8. "Tier 1 mental health professional" means a tier 1a or tier 1b mental health
professional.
a. A tier 1a mental health professional is a psychiatrist licensed under chapter 43-17
or a psychologist licensed under chapter 43-32.
b. A tier 1b mental health professional is a licensed physician or a physician
assistant licensed under chapter 43-17 or an advanced practice registered nurse
licensed under chapter 43-12.
9. "Tier 2 mental health professional" means a tier 2a or a tier 2b mental health
professional.
a. A tier 2a mental health professional is an independent clinician who is a licensed
clinical social worker licensed under chapter 43-41, a licensed professional
clinical counselor or licensed professional counselor licensed under chapter
43-47, or a licensed marriage and family therapist licensed under chapter 43-53.
b. A tier 2b mental health professional is an addiction counselor licensed under
chapter 43-45 or a registered nurse licensed under chapter 43-12. 10. "Tier 3 mental health professional" means a licensed associate professional counselor
licensed under chapter 43-47, a licensed master social worker or licensed
baccalaureate social worker licensed under chapter 43-41, an associate marriage and
family therapist licensed under chapter 43-53, an occupational therapist licensed
under chapter 43-40, a licensed practical nurse licensed under chapter 43-12, a
behavior analyst licensed or registered under chapter 43-32, a vocational rehabilitation
counselor practicing under chapter 50-06.1, a school psychologist, or a human
relations counselor. 11. "Tier 4 mental health professional" means a direct care associate, technician, or
certified peer support specialist.
25-01-01.1. State council on developmental disabilities. 1. There must be maintained in the department of health and human services a state
council on developmental disabilities consisting of:
a. One representative of each of the following departments, divisions, institutions,
and organizations designated by the head of such agency or organization:
(1)Office of superintendent of public instruction.
(2)Job service North Dakota.
b. Three representatives of the department of health and human services to include
at least:
(1)One representative from the life skills and transition center designated by its
superintendent; and
(2)One representative from the department's public health division.
2. The council shall, at a minimum, include representation that conforms to federal law
requirements regarding state councils on developmental disabilities. All members of
the council must be appointed by the governor. The council shall select its own officers
who shall serve for a term of two years commencing on October first of each year.
Meetings must be held at least twice a year or at the call of the chairman or upon
notice in writing signed by not less than three members of the council. A simple
majority of the council constitutes a quorum and may act upon any matter coming
before the council. Members of the council are entitled to reimbursement in the same
manner and at the same rate provided by law for other state officials.
3. The council shall assist in the development of the state plan for developmental
disabilities, monitor and evaluate the implementation of such state plan, and review
and comment on all state plans in the state which relate to programs affecting
individuals with developmental disabilities. The council may take any action reasonably
necessary to secure and administer any money made available to state councils on
developmental disabilities through the Developmentally Disabled and Bill of Rights Act
[Pub. L. 95-602; 92 Stat. 2955; 42 U.S.C. 6000 et seq.]. The council, if approved by
the governor, shall appoint a full-time director who shall assist the council. The director
must be classified under the state personnel merit system. The council shall also
perform studies and surveys of the needs of individuals with developmental disabilities
in North Dakota and shall facilitate coordination of the activities of all state
departments, divisions, agencies, and institutions having responsibilities in the field of
developmental disabilities.