25-03.1-04. Screening and admission to a public treatment facility

25-03.1-04. Screening and admission to a public treatment facility Under rules adopted by the department, screening of an individual to a public treatment facility for observation, diagnosis, care, or treatment for mental illness or a substance use disorder must be performed, in person when reasonably practicable, by a state-operated behavioral health clinic. This screening must be performed in the region where the individual is physically located. Upon the request of a court, a law enforcement official, a mental health professional, the individual's legal guardian, a minor's parent or legal custodian, or the individual requesting services, the state-operated behavioral health clinic shall conduct a screening. If a request for screening is made by a mental health professional and the individual who is the subject of the screening does not authorize the disclosure of the individual's protected health information, upon the request of the state-operated behavioral health clinic, any mental health professional who treated the individual within the previous six months shall disclose, subject to the requirements of title 42, Code of Federal Regulations, part 2, to the state-operated behavioral health clinic any relevant protected health information regarding that treatment. Upon receipt of the request, the state-operated behavioral health clinic shall arrange for a screening of the individual and, if appropriate, shall treat the applicant or refer the applicant to the appropriate treatment facility. Upon admittance to a public treatment facility, the superintendent or director shall immediately designate a tier 1 or tier 2 mental health professional to examine the individual.