Section 25-01.2-09 - Punishment - Seclusion - Restraints - Psychosurgery - Sterilization - Shock treatmentAn individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not at any time:
1. Be subjected to any corporal punishment or shock treatment.2. Be secluded, except to ensure immediate physical safety of the individual or others.3. Be restrained, except to ensure immediate physical safety of the individual or others.4. Be subjected to psychosurgery, sterilization, medical behavioral research, or pharmacological research, except in conformity with an order of a court of competent jurisdiction. Under no circumstances may an individual receiving treatment be subjected to hazardous or intrusive experimental research that is not directly related to the specific goals of that individual's treatment program.5. Be subjected to electroconvulsive therapy without that individual's or guardian's written and informed consent. If the recipient of services is a minor, the recipient's parent, custodian, or guardian may provide informed consent for that treatment, which the parent, custodian, or guardian believes to be in the recipient's best interests.Amended by S.L. 2021, ch. 220 (HB 1089),§ 1, eff. 8/1/2021.Amended by S.L. 2017, ch. 207 (HB 1134),§ 7, eff. 8/1/2017.Amended by S.L. 2015, ch. 200 (HB 1108),§ 7, eff. 8/1/2015.