Evidence status: CURRENT AUTHORITY AND CHANGE-PATH RECORD. North Dakota’s WSI chronic-opioid treatment-agreement requirement is rooted directly in statute. That makes the Legislature the essential authority for removing the core mandate.
Current administering agency
North Dakota Workforce Safety & Insurance administers the workers’ compensation system and the chronic-opioid coverage policy. The current WSI Director is Art Thompson.
What WSI can control
WSI can administer claims, publish treatment and documentation policies, and propose or amend administrative rules within authority delegated by North Dakota law. It can revise nonstatutory implementation details only within the limits imposed by §65-05-39 and other controlling statutes.
What requires legislation
The requirement that the prescriber provide WSI a treatment agreement restricting treatment access and limiting prescriptions to one identified prescriber appears in N.D.C.C. §65-05-39 itself. Eliminating that statutory requirement requires the North Dakota Legislative Assembly to amend or repeal the relevant language.
Administrative-rule route
North Dakota’s Administrative Agencies Practice Act governs WSI rulemaking. N.D.C.C. §28-32-16 allows a person substantially interested in an agency rule to petition for reconsideration, amendment, or repeal of the rule. Rulemaking generally involves public notice, opportunity for hearing and comments, Attorney General legality review, filing with Legislative Council, and Administrative Rules Committee oversight.
Important limit on a rule petition
A petition to amend a WSI administrative rule cannot by itself erase a requirement that the Legislature placed directly in §65-05-39. The clean change path therefore separates two targets:
- Statutory target: amend §65-05-39 through legislation.
- Administrative target: revise any WSI rules or policies that go beyond what remains required by statute.
Current authority
| Institution | Role |
|---|---|
| North Dakota Legislative Assembly | Controls the statutory treatment-agreement requirement in §65-05-39. |
| Workforce Safety & Insurance | Administers coverage, policy, claims, and authorized rulemaking. |
| Art Thompson, WSI Director | Current executive head of WSI. |
| Administrative Rules Committee | Legislative oversight of administrative rules under Chapter 28-32 and related statutes. |
Primary sources
- N.D.C.C. §65-05-39
- N.D.C.C. Chapter 28-32 — Administrative Agencies Practice Act
- North Dakota Governor — Art Thompson, WSI Director
- North Dakota Administrative Rules Committee
Reviewed: October 4, 2026.
Evidence boundary: This page distinguishes statutory power from agency implementation authority. WSI cannot administratively repeal a mandate written directly into state law.