53.03.010 Definitions

As used in this chapter, unless the context otherwise requires:

(a) "Advanced practice registered nurse" means an individual who is licensed as an advanced practice registered nurse in the state of North Dakota within the role of certified nurse practitioner or certified clinical nurse specialist, who has completed the requirements for a minimum of a master's degree in psychiatric and mental health nursing from an accredited program, and who is functioning within the scope of practice in one of the population foci as approved by the state board of nursing. This chapter does not expand the scope of practice of an advanced practice registered nurse beyond the scope of practice established by the North Dakota board of nursing.

(b) "Band" or "Tribe" means the Turtle Mountain Band of Chippewa Indians.

(c) "Chemically Dependent" means an illness or disorder characterized by the use of alcohol or drugs (legal or illegal) or a combination of thereof, that causes social, occupational, psychological or physical impairment. This term includes alcoholism, drug dependency, or any combination of the two that endanger the health, interpersonal relationships, or economic functions of an individual or the public health, welfare, or safety of an individual or that person's dependents.

(d) "Consent" means voluntary permission that is based upon full disclosure of facts necessary to make a decision and which is given by an individual who has the ability to understand those facts.

(e) "Counseling and Rehabilitation Board" means the Band's Counseling and Rehabilitation board as defined by Title 17 of this Code.

(f) "Danger to themselves or others" means a person who is chemically dependent or mentally ill as defined by this code and who, as a result of that chemical dependency or mental illness, presents a clear danger to the safety of themselves or others as demonstrated by the fact that:

(1) the person has engaged in an overt act causing or attempting to cause serious physical harm to themselves or another; or

(2) there is a substantial likelihood that the person will engage in acts capable of inflicting serious physical harm on themselves or another.

(g) "Examiner" means a person who is knowledgeable, trained, and practicing in the diagnosis and assessment or in the treatment of the alleged impairment, and who is: a licensed physician; physician assistant; psychiatrist, psychologist trained in a clinical program, advanced practice registered nurse, or licensed addiction counselor appointed by the court to examine the Respondent and to provide an evaluation of whether the Respondent is a person requiring treatment.

(h) "Guardian" means a person appointed by the Tribal Court to care for the person and property of another. Any guardian referenced in this title shall have all powers consistent with "guardianship" as specified in Chapter 9.06 of this Code.

(i) "Independent expert examiner" means a licensed physician, physician assistant, psychiatrist, psychologist trained in a clinical program, advanced practice registered nurse, or licensed addiction counselor, chosen at the request of the Respondent to provide an independent evaluation of whether the Respondent is a person requiring treatment.

(j) "Mental Health Professional" means:

(1) A psychiatrist;

(2) A psychologist with at least a master's degree who is licensed in North Dakota or is otherwise approved by the Counseling and Rehabilitation Board;

(3) A social worker with a master's degree in social work from an accredited program;

(4) An advanced practice registered nurse;

(5) A registered nurse with a minimum of two years of psychiatric clinical experience under the supervision of an expert examiner;

(6) A licensed addiction counselor;

(7) A licensed professional counselor with a master's degree in counseling from an accredited program who has either successfully completed the advanced training beyond the master's degree as required by the national academy of mental health counselors or a minimum of two years of clinical experience in a mental health agency or setting under the supervision of a psychiatrist or psychologist; or

(8) A physician assistant.

(k) "Mentally ill person" or "person who is mentally ill" means an individual with a, mental or emotional disorder that substantially impairs the capacity to use self-control, judgment, and discretion in the conduct of personal affairs and social relations. The term does not include an individual with an intellectual disability of significantly sub-average intellectual functioning that originates during the developmental period and is associated with an impairment in adaptive behavior, although an individual who is intellectually disabled may also be a person who is mentally ill. Chemical dependency does not per se constitute mental illness, although a person who is chemically dependent may also be a person who is mentally ill.

(l) "Person requiring treatment" means a person who is mentally ill and/ or a person who is chemically dependent who meets one or both of the standards set forth in Section 53.04.020.

(m) "Physician assistant" means an individual licensed to practice as a physician assistant in the state of North Dakota as a physician assistant and who is authorized by the North Dakota Board of Medicine to practice in the field of psychiatry, holds a certification approved by the board, and is practicing under the supervision of a psychiatrist licensed to practice medicine in North Dakota.

(n) "Psychiatrist" means a licensed physician who has completed a residency program in psychiatry.

(o) "Respondent" means an individual subject to a petition for involuntary treatment.

(p) "Substantial risk of harm" means a substantial likelihood of:

(1) Suicide as manifested by suicidal threats, attempts, or significant depression relevant to suicidal potential;

(2) Killing or inflicting serious bodily harm or another individual or inflicting significant property damage, as manifested by acts or threats; or

(3) Substantial deterioration in physical health or substantial injury, disease, or death based upon evidence of objective facts to establish the loss of cognitive or volitional control over the individual's thoughts or actions or based upon acts, threats, or patterns in the individual's treatment history, current condition and other relevant factors, including the effect of the individual's ability to consent.

(q) "Treatment facility" or "facility" means any hospital or other facility designated by the Band or the Counseling and Rehabilitation Board to provide appropriate care, including emergency evaluation, treatment, outpatient care, and inpatient care, to individuals who are mentally ill or chemically dependent and require involuntary treatment.

(r) "Tribal Court" or "Court" means the Turtle Mountain Band of Chippewa Indian's Tribal Court.

(s) "Weekends or Holidays" means Saturday and Sunday during the normal week. Holiday shall include any federal, state, and tribal holidays recognized as a day that normal work is not scheduled.