Committee gives bill a ‘do pass’ to let POST require medical, psychological exams and assess suspension fees

The State and Local Government Committee voted to give Senate Bill 2165 a favorable recommendation after hearing testimony that the measure would allow the Peace Officer Standards and Training Board (POST) to request medical and psychological information when considering licensing denials, suspensions or revocations and to assess fees for suspensions.

Senator Wallen moved the committee to report the bill as a "do pass," a motion seconded by Senator Barta and approved on a recorded voice/roll call tally the committee described as "6-0-2." The vote moves the bill forward for further consideration by the Senate.

Supporters, including the POST board chairman and the board’s executive secretary, told the panel they want clearer authority to require examinations and to have the records accessible to the board during licensing appeals and adverse-action reviews. Chief Joe Ciani, chairman of the North Dakota Peace Officer Standards and Training Board and chief of the Dickinson Police Department, told the committee, "Currently, the post board does not have the authority to require a licensed peace officer to undergo an evaluation." He said the bill would allow the board to require a physical or psychological examination and to receive the results for licensing decisions.

Senator Rummel, sponsor of the bill, framed the measure as a public-safety proposal and asked the committee for its support, saying, "It is a public safety and peace officer safety issue, and I would ask for your your full support." He and witnesses described a scenario in which an officer undergoing evaluation resigned before an employing agency could complete or release evaluation results, then applied for work elsewhere while the new agency lacked access to those protected records.

Committee members focused questions on confidentiality and the limits of HIPAA protections. Senator Lee asked how the board could use protected medical information; witnesses replied the bill and existing law would limit disclosure and that POST would use the information only to determine whether an officer is licensable. Special Agent Pat Halfridge, who serves as executive secretary to the POST board, told the committee that POST shares adverse actions with a national index: "We actually have our members of it's called the IAD list... part of that is called the NDI, which is the National Decertification Index." He said adverse actions are uploaded so agencies in other states can identify officers with prior adverse actions.

Members also discussed a perceived hiring loophole in smaller agencies that perform only basic criminal-history checks when hiring already-licensed officers. Chief Ciani and others said that, under the bill, POST could be a central point to identify for-cause concerns when an officer changes employers and require an examination before re-licensure or continued licensing.

The bill would also clarify the POST board's authority to assess administrative fees for adverse actions beyond revocation — specifically to add a fee for license suspensions, officials said, citing a recent increase in the number of adverse-action cases the board is handling.

No testimony in opposition was recorded during the hearing. The committee closed the public hearing on SB 2165 and approved the "do pass" motion. Next steps are to have a committee member carry the bill forward to the full Senate calendar, per the committee's usual process.

Votes at a glance

- Senate Bill 2165 — Motion: Do pass (moved by Senator Wallen; seconded by Senator Barta). Committee reported the motion passed, tally described as 6-0-2.