Evidence status: CURRENT WSI PAYMENT-LIMIT STATUTE. North Dakota’s workers’ compensation system contains separate opioid and benzodiazepine payment limits in N.D.C.C. §65-05-40. These limits operate alongside, but are not themselves part of, the treatment-agreement requirement in §65-05-39.
Opioid payment limits
WSI may not pay for opioid therapy exceeding 90 morphine milligram equivalents per day or for more than a seven-day supply of opioid medication within a single outpatient transaction during the initial 30-day period of opioid therapy.
Statutory exceptions
The opioid limits do not apply to specified settings or treatments, including active and aftercare cancer treatment, end-of-life and hospice care, treatment for substance use disorder, emergency-room treatment, inpatient hospital care, long-term-care facilities, and assisted-living facilities.
Benzodiazepine limits
WSI may not pay for benzodiazepine therapy beyond a cumulative duration of four weeks, except when WSI approves it for treatment of an anxiety disorder.
Concurrent therapy
The statute bars WSI payment for concurrent combination therapy involving the covered opioid and benzodiazepine categories.
Medical-necessity review
Requests to depart from the statutory limits upon a showing of medical necessity are treated as dispute-resolution decisions under N.D.C.C. §65-02-20.
Why this belongs in the Contract-for-Care record
A North Dakota injured worker can face multiple independent WSI conditions at once: the treatment agreement and monitoring conditions in §65-05-39, plus payment limits in §65-05-40. The two statutes should be documented separately so a coverage restriction is not misdescribed as a contract clause.
Primary source
Reviewed: October 4, 2026.