N.D. Cent. Code § 25-03.1-42

Current through 2023 Legislative Sessions
Section 25-03.1-42 - Limitation of liability - Penalty for false petition
1. A person acting in good faith upon either actual knowledge or reliable information which makes the petition for involuntary treatment of an individual under this chapter is not subject to civil or criminal liability.
2. A physician, physician assistant, psychiatrist, psychologist, advanced practice registered nurse, mental health professional, employee of a treatment facility, state's attorney, or peace officer who in good faith exercises professional judgment in fulfilling an obligation or discretionary responsibility under this chapter is not subject to civil or criminal liability for acting unless it can be shown that it was done in a negligent manner.
3. A person that makes a petition for involuntary treatment of an individual without having good cause to believe the individual is a person who is both mentally ill and has a substance use disorder and as a result is likely to cause serious harm to self or others is guilty of a class A misdemeanor.

N.D.C.C. § 25-03.1-42

Amended by S.L. 2021, ch. 223 (HB 1034),§ 8, eff. 8/1/2021.
Amended by S.L. 2015, ch. 201 (HB 1040),§ 18, eff. 8/1/2015.