42 SECTION 23. AMENDMENT. Section 25-03.1-11 of the North Dakota Century Code is amended and reenacted as follows:
25-03.1-11. Involuntary treatment - Examination - Report.
1. The respondent must be examined within a reasonable time by an expert examiner as ordered by the court. If the respondent is taken into custody under the emergency treatment provisions of this chapter, the examination must be conducted within twenty-four hours, exclusive of holidays, of custody. Any expert examiner conducting an examination under this section may consult with or request participation in the examination by any qualified mental health professional and may include with the written examination report any findings or observations by that mental health professional. This examination report, and that of the independent examiner, if one has been requested, must be filed with the court. The report must contain:
a. Evaluations of the respondent's physical condition and mental status.
b. A conclusion as to whether the respondent is a person requiring treatment, with a clear explanation of how that conclusion was derived from the evaluation.
c. If the report concludes that the respondent is a person requiring treatment, a list of available forms of care and treatment that may serve as alternatives to involuntary hospitalization.
d. The signature of the examiner who prepared the report.
2. For purposes of any examination conducted pursuant to this section:
a. An evaluation of a respondent's physical condition may be made only by a licensed physician, physician assistant, psychiatrist, or advanced practice registered nursetier 1b mental health professional.
b. An evaluation of a respondent's mental status may be made only by a licensed physician, physician assistant, psychiatrist, advanced practice registered nurse, or psychologist trained in a clinical programtier 1 mental health professional.
c. An evaluation of whether the respondent is chemically dependent may be made only by a licensed physician, physician assistant, psychiatrist, advanced practice registered nurse,tier 1 mental health professional or a licensed addiction counselor, or licensed psychologist trained in a clinical program.
3. If the expert examiner concludes that the respondent is not a person requiring treatment, the court may without taking any other additional action terminate the proceedings and dismiss the petition. If the expert examiner concludes that the respondent is a person requiring treatment, or makes no conclusion thereonwhether the respondent is a person requiring treatment, the court shall set a date for hearing and shall give notice of hearing to the persons designated in section 25-03.1-12. If the respondent is in custody and is alleged to be a person who is mentally ill or a person who is both mentally ill
42 Section 25-03.1-11 was also amended by section 2 of Senate Bill No. 2038, chapter 350.
