North Dakota 69-2025 Assembly Status: Enacted

SB 2070 — Relating to the rights of health care facility residents.

Last action — Filed with Secretary Of State 05/01

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 07, 2025. Enacted.

Signed by Governor Kelly Armstrong (Republican) on May 01, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

AN ACT to amend and reenact sections 50-10.2-01, 50-10.2-02, and 50-10.2-02.1 of the North Dakota Century Code, relating to the rights of health care facility residents.

Bill Text

What changed in the latest version

326 added · 371 removed

Plain-language change summary

The recent amendments to Senate Bill 2070 clarify the definitions related to electronic monitoring in health care facilities. The updated language specifies what types of devices can be used for monitoring and reinforces that these devices must be authorized by the resident or their representative. This change is significant because it aims to protect residents’ rights while ensuring transparency about electronic monitoring practices in care facilities.

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Latest
25.8092.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.
Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025 SENATE BILL NO.
2070 Introduced by Human Services Committee (At the request of the Department of Health and Human Services) A BILL for an Act to amend and reenact sections 50-10.2-01, 50-10.2-02, 50-10.2-02.1, and 50-10.2-05 of the North Dakota Century Code, relating to the rights of health care facility residents.
2070 (Human Services Committee) (At the request of the Department of Health and Human Services) AN ACT to amend and reenact sections 50-10.2-01, 50-10.2-02, and 50-10.2-02.1 of the North Dakota Century Code, relating to the rights of health care facility residents.
Page No.
4.
1 25.8092.02000 Sixty-ninth Legislative Assembly 4.
"Technology device" means a device capable of remote audio or video communications which is used for the purpose of the resident having contact with another person but not for the purpose of virtual monitoring or recording audio or video of a resident and the resident's room.
"Technology device" means a device capable of remote audio or video communications which is used for the purpose of the resident having contact with another person but not for the S.
B.
NO.
2070 - PAGE 2 purpose of virtual monitoring or recording audio or video of a resident and the resident's room.
Page No.
50-10.2-02.
2 25.8092.02000 Sixty-ninth Legislative Assembly 50-10.2-02.
Page No.
d.e.
3 25.8092.02000 Sixty-ninth Legislative Assembly d.e.
The right to assured private visits, subject to restrictions to protect the health or safety of the resident, by one's spouse, partner, or significant other, or if both are residents of the same facility, the right to share a room, within the capacity of the facility, unless sharing a room is not medically advisable as documented in the medical records by the attending physician.
The right to assured private visits, subject to restrictions to protect the health or safety of the resident, by one's spouse, partner, or significant other, or if both are residents of the same facility, the right to share a room, within the capacity of the facility, unless sharing a S.
B.
NO.
2070 - PAGE 3 room is not medically advisable as documented in the medical records by the attending physician.
The right to manage one's own financial affairs if not under legal guardianship, or to delegate that responsibility in writing to the administrator or manager of the facility, but only to the extent of funds held in trust by the facility for the resident.
The right to manage one's own financial affairs if not under legal guardianship, or to delegate thatthe responsibility in writing to the administrator or manager of the facility, but only to the extent of funds held in trust by the facility for the resident.
Page No.
j.k.
4 25.8092.02000 Sixty-ninth Legislative Assembly j.k.
(2) The resident's welfare or that of other residentsif the safety of an individual in the facility is endangered due to the clinical or behavioral status of the resident;
(2) The resident's welfare or that of other residentsthe safety of an individual in the facility who is endangered due to the clinical or behavioral status of the resident;
The right to receive at least a thirty-day written advance notice of any transfer or discharge when the resident is being discharged to another facility or the resident's own home, or when the resident is being transferred or discharged because of a change in the resident's level of care;
The right to receive at least a thirty-day written advance notice of any transfer or discharge when the resident is being discharged to another facility or the resident's own home, or when the resident is being transferred or discharged because of a change in S.
B.
NO.
2070 - PAGE 4 the resident's level of care;
Page No.
n.p.
5 25.8092.02000 Sixty-ninth Legislative Assembly n.p.
Page No.
b.
6 25.8092.02000 Sixty-ninth Legislative Assembly b.
The facility shall adopt a grievance process and make the process known to each resident, the resident's immediate family member, and the resident representative.
The facility shall adopt a grievance process and make the process known to each resident, the resident's immediate family S.
B.
NO.
2070 - PAGE 5 member, and the resident representative.
If a trust is established by the facility to hold the resident's funds, the facility shall provide to the resident, resident representative, or an agent under a power of attorney for financial decisions a written quarterly accounting of any transactions made on behalf of the resident which includes an explanation of the transactions by the facility.
If a trust is established by the facility to hold the resident's funds, the facility shall provide to the resident, resident representative, or an agent under a power of attorney for financial decisions a written quarterly accounting of transactions made on behalf of the resident, including an explanation of the transactions by the facility.
The facility shall pay out in full, within thirty days, the resident's personal funds deposited with the facility or refunds due to the resident upon discharge or eviction, and provide a final accounting of those funds to the resident, or in the case of death, in accordance with state law.
The facility shall pay out in full:
Other refunds due to the resident upon discharge, eviction, or death must be paid out in full within thirty days from the resident's date of discharge from the facility.
a.
A resident's personal funds deposited with the facility or refunds due to the resident upon discharge or eviction within thirty days, and provide a final accounting of those funds to the resident, or in the case of death, in accordance with state law.
b.
Refunds due as a result of an overpayment to the facility within thirty days from the date the overpayment is discovered.
c.
Other refunds due to the resident upon discharge, eviction, or death within thirty days from the resident's date of discharge from the facility.
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The use of a physical or chemical restraint in an emergency or when necessary to protect the resident from injury to self or others must be authorized and documented by a physician, nurse practitioner, or physician's assistant for a limited period of time.
The use of a physical or chemical restraint in an emergency or if necessary to protect the resident from injury to self or others must be authorized and documented by a physician, nurse practitioner, or physician's assistant for a limited period of time.
Except as provided in this subsection, a drug or Page No.
Except as provided in this subsection, a drug or physical restraint may not be used or threatened to be used for the purpose of punishment, for the convenience of staff, for behavior conditioning, as a substitute for rehabilitation or treatment, or for any other purpose not included in an approved treatment plan.
7 25.8092.02000 Sixty-ninth Legislative Assembly physical restraint may not be used or threatened to be used for the purpose of punishment, for the convenience of staff, for behavior conditioning, as a substitute for rehabilitation or treatment, or for any other purpose not included in an approved treatment plan.
The facility shall note in the written denial when the denial is based on the special characteristics or service limitations of the facility.
The facility shall note in the written denial if the denial is based on the special characteristics or service limitations of the facility.
A resident and the resident representative may treat the resident's living quarters as the resident's home and, subject to rules to protect the privacy and safety of another resident, may purchase and use a technology device of the resident's choice, including a technology device that may facilitate virtual monitoring or virtual visitation with family and other persons, provided operation and use of the technology device does not violate an individual's right to privacy under state or federal law.
A resident and the resident representative may treat the resident's living quarters as the resident's home and, subject to rules to protect the privacy and safety of another resident, may purchase and use a technology device of the resident's choice, including a technology device that may facilitate virtual monitoring or virtual visitation with family and other persons, S.
B.
NO.
2070 - PAGE 6 provided operation and use of the technology device does not violate an individual's right to privacy under state or federal law.
and Page No.
and b.
8 25.8092.02000 Sixty-ninth Legislative Assembly b.
The device and images obtained from the device are used by the resident and any person communicating with the resident in a manner that does not violate an individual's right to privacy under state or federal law.
The device and any images obtained from the device are used by the resident and any person communicating with the resident in a manner that does not violate an individual's right to privacy under state or federal law.
Page No.
3.4.
9 25.8092.02000 Sixty-ninth Legislative Assembly 3.4.
The authorization may be signed by that resident's resident representative.
The authorization may be signed by thatthe resident's resident representative.
b.
S.
B.
NO.
2070 - PAGE 7 b.
A Page No.
A person may not intentionally retaliate or discriminate against a resident for authorization of authorized electronic monitoringrecording.
10 25.8092.02000 Sixty-ninth Legislative Assembly person may not intentionally retaliate or discriminate against a resident for authorization of authorized electronic monitoringrecording.
SECTION 4.
S.
AMENDMENT.
B.
Section 50-10.2-05 of the North Dakota Century Code is amended and reenacted as follows:
NO.
50-10.2-05.
2070 - PAGE 8 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
Furnishing financial information.
2070.
A facility may request that an applicant for admission, a resident of the facility, or the applicant's or resident's legal representative furnish financial information regarding income and assets, including information regarding any transfers or assignments of income or assets.
Senate Vote:
A Page No.
Yeas 47 Nays 0 Absent 0 House Vote:
11 25.8092.02000 Sixty-ninth Legislative Assembly facility may deny admission to an applicant for admission who is unable to verify a viable payment source.
Yeas 92 Nays 0 Absent 2 ____________________________ Secretary of the Senate Received by the Governor at ________M.
Page No.
on _____________________________________, 2025.
12 25.8092.02000
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
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Action History

  1. Filed with Secretary Of State 05/01

  2. Signed by Governor 04/30

  3. Sent to Governor

  4. Signed by President

  5. Signed by Speaker

  6. Conference committee report adopted

  7. Reported back from conference committee, placed on calendar (Senate accept)

  8. Second reading, passed, yeas 47 nays 0

  9. Conference committee report adopted

  10. Reported back from conference committee, placed on calendar (Senate accept)

  11. Conference committee appointed Frelich M. Ruby Rios

  12. Conference committee appointed Roers Van Oosting Hogan

  13. Refused to concur

  14. Returned to Senate (12)

  15. Second reading, passed as amended, yeas 92 nays 0

  16. Amendment adopted, placed on calendar

  17. Reported back amended, do pass, amendment placed on calendar 11 0 2

  18. Committee Hearing 10:30

  19. Introduced, first reading, referred Human Services Committee

  20. Received from Senate

  21. Second reading, passed, yeas 47 nays 0

  22. Amendment adopted, placed on calendar

  23. Reported back amended, do pass, amendment placed on calendar 6 0 0

  24. Committee Hearing 10:00

  25. Introduced, first reading, referred Human Services Committee

Sponsors

  • Senate Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Senate Human Services

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 47 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 41000
Democratic 5000
Unaffiliated 1000
Total 47000
% of votes cast 100%0%0%0%
How each member voted (47)
Member Party Vote
van Oosting — Yea
Boschee, Josh Democratic Yea
Braunberger, Ryan Democratic Yea
Hogan, Kathy Democratic Yea
Marcellais, Richard Democratic Yea
Mathern, Tim Democratic Yea
Axtman, Michelle Republican Yea
Barta, Jeff Republican Yea
Beard, Todd Republican Yea
Bekkedahl, Brad Republican Yea
Boehm, Keith Republican Yea
Burckhard, Randy A. Republican Yea
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Yea
Clemens, David A. Republican Yea
Conley, Cole Republican Yea
Cory, Claire Republican Yea
Davison, Kyle Republican Yea
Dever, Dick Republican Yea
Dwyer, Michael Republican Yea
Enget, Mark Republican Yea
Erbele, Robert Republican Yea
Gerhardt, Justin Republican Yea
Hogue, David Republican Yea
Kessel, Greg Republican Yea
Klein, Jerry Republican Yea
Larson, Diane Republican Yea
Lee, Judy Republican Yea
Lemm, Randy D. Republican Yea
Luick, Larry Republican Yea
Magrum, Jeffery J. Republican Yea
Meyer, Scott Republican Yea
Myrdal, Janne Republican Yea
Patten, Dale Republican Yea
Paulson, Bob Republican Yea
Powers, Michelle Republican Yea
Roers, Kristin Republican Yea
Rummel, Dean Republican Yea
Schaible, Donald Republican Yea
Sickler, Jonathan Republican Yea
Sorvaag, Ronald Republican Yea
Thomas, Paul J. Republican Yea
Walen, Chuck Republican Yea
Wanzek, Terry M. Republican Yea
Weber, Mark F. Republican Yea
Weston, Kent Republican Yea
Wobbema, Mike Republican Yea

Official roll call →

Final Passage

Passed 92 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 11000
Republican 80002
Unaffiliated 1000
Total 92002
% of votes cast 98%0%0%2%
How each member voted (94)
Member Party Vote
Olson — Yea
Brown, Collette Democratic Yea
Conmy, Liz Democratic Yea
Davis, Jayme Democratic Yea
Dobervich, Gretchen Democratic Yea
Finley-DeVille, Lisa Democratic Yea
Foss, Austin Democratic Yea
Hager, LaurieBeth Democratic Yea
Hanson, Karla Rose Democratic Yea
Ista, Zachary Democratic Yea
Mitskog, Alisa Democratic Yea
Schneider, Mary Democratic Yea
Anderson, Bert Republican Yea
Anderson, Dick Republican Yea
Anderson, Karen A. Republican Yea
Bahl, Landon Republican Yea
Beltz, Mike Republican Yea
Berg, Mike Republican Yea
Bolinske, Macy Republican Yea
Bosch, Glenn Republican Yea
Brandenburg, Mike Republican Yea
Brown, TJ Republican Yea
Christianson, Nels Republican Yea
Dockter, Jason Republican Yea
Dressler, Ty Republican Yea
Fegley, Clayton Republican Yea
Fisher, Jay Republican Yea
Frelich, Kathy Republican Yea
Grindberg, Karen Republican Yea
Grueneich, Jim Republican Yea
Hagert, Jared C. Republican Yea
Hatlestad, Patrick R. Republican Yea
Hauck, Dori Republican Yea
Headland, Craig Republican Yea
Heilman, Matthew Republican Yea
Heinert, Pat D. Republican Yea
Henderson, Donna Republican Yea
Hendrix, Jared Republican Yea
Holle, Dawson Republican Yea
Hoverson, Jeff Republican Yea
Johnson, Jorin Republican Yea
Johnston, Daniel Republican Yea
Jonas, Jim Republican Not Voting
Karls, Karen Republican Yea
Kasper, Jim Republican Yea
Kempenich, Keith Republican Yea
Kiefert, Dwight Republican Yea
Klemin, Lawrence R. Republican Yea
Koppelman, Ben Republican Yea
Lefor, Mike Republican Yea
Longmuir, Donald W. Republican Yea
Louser, Scott Republican Yea
Maki, Roger A. Republican Yea
Marschall, Andrew Republican Yea
Martinson, Bob Republican Yea
McLeod, Carrie Republican Yea
Meier, Lisa Republican Yea
Monson, David Republican Yea
Morton, Desiree Republican Yea
Motschenbacher, Mike Republican Yea
Murphy, Eric J. Republican Yea
Nathe, Mike Republican Yea
Nehring, Dennis Republican Yea
Nelson, Jon O. Republican Yea
Novak, Anna S. Republican Yea
O'Brien, Emily Republican Yea
Olson, Jeremy Republican Yea
Osowski, Doug Republican Yea
Ostlie, Mitch Republican Yea
Porter, Todd Republican Yea
Pyle, Brandy L. Republican Yea
Richter, David Republican Yea
Rios, Nico Republican Yea
Rohr, Karen M. Republican Yea
Ruby, Dan Republican Yea
Ruby, Matthew Republican Yea
Sanford, Mark Republican Yea
Satrom, Bernie Republican Yea
Schatz, Mike Republican Yea
Schauer, Austen Republican Yea
Schreiber-Beck, Cynthia Republican Yea
Steiner, Vicky Republican Yea
Stemen, Gregory Republican Yea
Swiontek, Steve Republican Yea
Toman, Nathan Republican Not Voting
Tveit, Bill Republican Yea
VanWinkle, Lori Republican Yea
Vetter, Steve Republican Yea
Vigesaa, Don Republican Yea
Vollmer, Daniel R. Republican Yea
Wagner, Scott Republican Yea
Warrey, Jonathan Republican Yea
Weisz, Robin Republican Yea
Wolff, Christina Republican Yea

Official roll call →

Final Passage

Passed 47 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 1000
Republican 41000
Democratic 5000
Total 47000
% of votes cast 100%0%0%0%
How each member voted (47)
Member Party Vote
van Oosting — Yea
Boschee, Josh Democratic Yea
Braunberger, Ryan Democratic Yea
Hogan, Kathy Democratic Yea
Marcellais, Richard Democratic Yea
Mathern, Tim Democratic Yea
Axtman, Michelle Republican Yea
Barta, Jeff Republican Yea
Beard, Todd Republican Yea
Bekkedahl, Brad Republican Yea
Boehm, Keith Republican Yea
Burckhard, Randy A. Republican Yea
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Yea
Clemens, David A. Republican Yea
Conley, Cole Republican Yea
Cory, Claire Republican Yea
Davison, Kyle Republican Yea
Dever, Dick Republican Yea
Dwyer, Michael Republican Yea
Enget, Mark Republican Yea
Erbele, Robert Republican Yea
Gerhardt, Justin Republican Yea
Hogue, David Republican Yea
Kessel, Greg Republican Yea
Klein, Jerry Republican Yea
Larson, Diane Republican Yea
Lee, Judy Republican Yea
Lemm, Randy D. Republican Yea
Luick, Larry Republican Yea
Magrum, Jeffery J. Republican Yea
Meyer, Scott Republican Yea
Myrdal, Janne Republican Yea
Patten, Dale Republican Yea
Paulson, Bob Republican Yea
Powers, Michelle Republican Yea
Roers, Kristin Republican Yea
Rummel, Dean Republican Yea
Schaible, Donald Republican Yea
Sickler, Jonathan Republican Yea
Sorvaag, Ronald Republican Yea
Thomas, Paul J. Republican Yea
Walen, Chuck Republican Yea
Wanzek, Terry M. Republican Yea
Weber, Mark F. Republican Yea
Weston, Kent Republican Yea
Wobbema, Mike Republican Yea

Official roll call →

Subjects

civil-rights healthcare
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Frequently asked questions

What does SB 2070 do?
AN ACT to amend and reenact sections 50-10.2-01, 50-10.2-02, and 50-10.2-02.1 of the North Dakota Century Code, relating to the rights of health care facility residents.
Who sponsors SB 2070?
SB 2070 is sponsored by Senate Human Services.
What is the current status of SB 2070?
This bill has been enacted into law. Introduced January 07, 2025. Enacted.
Where can I track SB 2070?
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