Section 25-03.1-11 - Involuntary treatment - Examination - Report1. The respondent must be examined within a reasonable time by an expert examiner as ordered by the court. If the respondent is taken into custody under the emergency treatment provisions of this chapter, the examination must be conducted within the time limitations set forth in section 25-03.1-26. Any expert examiner conducting an examination under this section may consult with or request participation in the examination by any mental health professional and may include with the written examination report any findings or observations by that mental health professional. This examination report, and that of the independent examiner, if one has been requested, must be filed with the court and immediately sent to the petitioner and the respondent. The report must contain:a. Evaluations of the respondent's physical condition and mental status.b. A conclusion as to whether the respondent is a person requiring treatment, with a clear explanation of how that conclusion was derived from the evaluation.c. If the report concludes the respondent is a person requiring treatment, a list of available forms of care and treatment that may serve as alternatives to involuntary hospitalization.d. The signature of the examiner who prepared the report.2. For purposes of any examination conducted pursuant to this section: a. An evaluation of a respondent's physical condition may be made only by a tier 1b mental health professional.b. An evaluation of a respondent's mental status may be made only by a tier 1 mental health professional.c. An evaluation of whether the respondent is an individual with a substance use disorder may be made only by a tier 1 mental health professional or a licensed addiction counselor.3. If the expert examiner concludes the respondent is not a person requiring treatment, the court may without taking any other additional action terminate the proceedings and dismiss the petition. If the expert examiner concludes the respondent is a person requiring treatment, or makes no conclusion whether the respondent is a person requiring treatment, the court shall set a date for hearing and shall give notice of hearing to the persons designated in section 25-03.1-12. If the respondent is in custody and is alleged to be a person who is mentally ill or a person who is both mentally ill and has a substance use disorder, the preliminary hearing date must be within four days, exclusive of weekends and holidays, of the date the respondent was taken into custody through emergency commitment under section 25-03.1-25 unless a delay or continuance is concurred in by the respondent or unless extended by the magistrate for good cause shown. If a preliminary hearing is not required, the treatment hearing must be held within four days, exclusive of weekends and holidays, of the date the court received the expert examiner's report, not to exceed fourteen days from the time the petition was served.Amended by S.L. 2021, ch. 223 (HB 1034),§ 1, eff. 8/1/2021.Amended by S.L. 2017, ch. 97 (SB 2042),§ 23, eff. 8/1/2017.Amended by S.L. 2017, ch. 350 (SB 2038),§ 2, eff. 8/1/2017.Amended by S.L. 2015, ch. 201 (HB 1040),§ 7, eff. 8/1/2015.Amended by S.L. 2011, ch. 204 (SB 2040),§ 1, eff. 8/1/2011.