N.D. Cent. Code § 23-11-11 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-11
23-11-11. Powers of authority
Status: in_force

23-11-11. Powers of authority

An authority has the following powers and duties:

1. To exercise public and essential governmental functions.

2. To sue and be sued.

3. To have perpetual succession.

4. To make and execute contracts and other instruments necessary or convenient to the

exercise of the powers of the authority.

5. To make, amend, and repeal such bylaws, rules, and regulations, not inconsistent with

this chapter, as are necessary to carry into effect the powers and purposes of the

authority.

6. To prepare, carry out, acquire, lease, and operate housing projects within its area of

operation.

7. To provide for the construction, reconstruction, improvement, alteration, or repair of

any housing project, or any part of a housing project, within the authority's area of

operation.

8. To arrange or contract for the furnishing by any person or any public or private agency

of services, privileges, works, or facilities for, or in connection with, a housing project

or the occupants of a housing project.

9. To include, in any contract let in connection with a project, stipulations requiring that

the contractor and any subcontractor comply with requirements as to minimum wages

and maximum hours of labor and any conditions that the federal government may

have attached to the financial aid for the project.

10. To lease or rent any dwellings, houses, accommodations, lands, buildings, structures,

or facilities embraced in any housing project and, subject to the limitations contained in

this chapter, to establish and revise the rents or charges in the housing project.

11. To own, hold, and improve property.

12. To purchase, lease, obtain options upon, or acquire, by gift, grant, bequest, devise, or

otherwise, any property or any interest in property.

13. Subject to chapter 32-15, to acquire real property by the exercise of the power of

eminent domain.

14. To sell, lease, exchange, transfer, assign, pledge, or dispose of any property, or any

interest in property.

15. To insure, or provide for the insurance of, any property, or any operation of the

authority, against any risks or hazards.

16. To procure insurance or guaranties from the federal government of the payment of any

debts, or parts of debts, secured by mortgages on any property included in any of the

authority's housing projects, whether the debts were incurred by the authority or not.

17. To invest any funds held by the authority in reserves or sinking funds, or any funds not

required for immediate disbursement, in property or securities in which savings banks

may legally invest funds subject to a savings bank's control.

18. To purchase its bonds at a price not more than the principal amount of the bonds and

accrued interest, a bond so purchased is canceled.

19. To investigate, in the authority's area of operation, living, dwelling, and housing

conditions and the means and methods of improving the same.

20. To determine, within the authority's area of operation, where slum areas exist or where

there is a shortage of decent, safe, and sanitary dwelling accommodations for persons

of low or moderate income.

21. To make studies and recommendations relating to the problem of clearing, replanning,

and reconstructing the slum areas within the authority's area of operation and the

problem of providing dwelling accommodations for the persons of low or moderate

income, and to cooperate with the city, county, or state, or any political subdivision in

any action taken in connection with these problems.

22. To engage in research, studies, and experimentation on the subject of housing within

the authority's area of operation.

23. To conduct examinations and investigations and to hear testimony and take proof

under oath at public or private hearings on any matter material for the authority's

information.

24. To administer oaths, issue subpoenas requiring the attendance of witnesses or the

production of books and papers, and to issue commissions for the examinations of

witnesses who are outside of the state or unable to attend before the authority or who

are excused from attendance.

25. To make available to appropriate agencies, including those charged with the duty of

abating or requiring the correction of nuisances or like conditions, or of demolishing

unsafe or unsanitary structures within the authority's area of operation, the authority's

findings and recommendations with regard to any building or property where

conditions exist which are dangerous to the public health, morals, safety, or welfare.

26. To issue bonds from time to time for any of its corporate purposes.

27. To issue refunding bonds for the purpose of paying or retiring bonds previously issued

by the authority.

28. To borrow money or accept grants or other financial assistance from the federal

government for, or in aid of, any housing project within the authority's area of

operation.

29. To take over or lease or manage any housing project or undertaking constructed or

owned by the federal government.

30. To comply with conditions and to enter into mortgages, trust indentures, leases, or

agreements as may be necessary, convenient, or desirable to carry out this section.

31. To do any and all things necessary or desirable to secure the financial aid or

cooperation of the federal government in the undertaking, construction, maintenance,

or operation of any housing project.

32. To exercise all or any part or combination of powers granted.

33. To exercise within the authority's area of operation the authority granted to the

industrial commission under section 54-17-07.6.

34. To exercise the power to provide operation and maintenance expenses under

subdivision a of subsection 23 of section 23-11-24.

35. To exercise the power to pledge the general obligation of the city or county for which

the housing authority is created in accordance with subsection 23 of section 23-11-24.

36. To develop a plan identifying the public purposes of the authority's ownership,

conditions that would make the authority's ownership no longer necessary for

accomplishing those public purposes, and a plan to divest the authority's ownership

interest as soon as economically prudent once those conditions occur and to

effectuate the plan.

37. To exercise other powers and duties as may be necessary to carry out the purposes

and provisions of this chapter.

An authority, in exercising the powers specified in subsections 23, 24, and 25, may act through

one or more of the commissioners or through other persons designated by the authority.

Provisions of law with respect to the acquisition, operation, or disposition of property by other

public bodies are not applicable to an authority unless there is specific provision to that effect by

the legislative assembly. The construction of a housing project is a public improvement for which

an authority is subject to the requirements of chapter 48-01.2.
N.D. Cent. Code § 23-27.1-10 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-10
23-27.1-10. Establishment of the interstate commission for emergency medical services personnel practice
Status: in_force

23-27.1-10. Establishment of the interstate commission for emergency medical

services personnel practice.

1. The compact states hereby create and establish a joint public agency known as the

interstate commission for emergency medical services personnel practice.

a. The commission is a body politic and an instrumentality of the compact states.

b. Venue is proper and judicial proceedings by or against the commission must be

brought solely and exclusively in a court of competent jurisdiction where the

principal office of the commission is located. The commission may waive venue

and jurisdictional defenses to the extent it adopts or consents to participate in

alternative dispute resolution proceedings.

c. Nothing in this compact may be construed to be a waiver of sovereign immunity.

2. a. Each member state shall have and be limited to one delegate. The responsible

official of the state emergency medical services authority or the official's designee

shall be the delegate to this compact for each member state. Any delegate may

be removed or suspended from office as provided by the law of the state from

which the delegate is appointed. Any vacancy occurring in the commission must

be filled in accordance with the laws of the member state in which the vacancy

exists. If more than one board, office, or other agency with the legislative

mandate to license emergency medical services personnel at and above the level

of emergency medical technician exists, the governor of the state shall determine

which entity is responsible for assigning the delegate.

b. Each delegate is entitled to one vote with regard to the promulgation of rules and

creation of bylaws and shall otherwise have an opportunity to participate in the

business and affairs of the commission. A delegate shall vote in person or by

such other means as provided in the bylaws. The bylaws may provide for

delegates' participation in meetings by telephone or other means of

communication.

c. The commission shall meet at least once during each calendar year. Additional

meetings must be held as set forth in the bylaws.

d. All meetings must be open to the public, and public notice of meetings must be

given in the same manner as required under the rulemaking provisions in section

23-27.1-12.

e. The commission may convene in a closed, nonpublic meeting if the commission

must discuss:

(1) Noncompliance of a member state with its obligations under the compact;

(2) The employment, compensation, discipline, or other personnel matters,

practices or procedures related to specific employees or other matters

related to the commission's internal personnel practices and procedures;

(3) Current, threatened, or reasonably anticipated litigation;

(4) Negotiation of contracts for the purchase or sale of goods, services, or real

estate;

(5) Accusing any person of a crime or formally censuring any person;

(6) Disclosure of trade secrets or commercial or financial information that is

privileged or confidential;

(7) Disclosure of information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

(8) Disclosure of investigatory records compiled for law enforcement purposes;

(9) Disclosure of information related to any investigatory reports prepared by, on

behalf of, or for use of the commission or other committee charged with

responsibility of investigation or determination of compliance issues

pursuant to the compact; or

(10) Matters specifically exempted from disclosure by a federal or member state

statute.

f. If a meeting, or portion of a meeting, is closed under this section, the

commission's legal counsel or designee shall certify that the meeting may be

closed and shall reference each relevant exempting provision. The commission

shall keep minutes that fully and clearly describe all matters discussed in a

meeting and shall provide a full and accurate summary of actions taken, and the

reasons therefore, including a description of the views expressed. All documents

considered in connection with an action must be identified in the minutes. All

minutes and documents of a closed meeting must remain under seal, subject to

release by a majority vote of the commission or order of a court of competent

jurisdiction.

3. The commission shall, by a majority vote of the delegates, prescribe bylaws or rules,

or both, to govern its conduct as may be necessary or appropriate to carry out the

purposes and exercise the powers of the compact, including:

a. Establishing the fiscal year of the commission;

b. Providing reasonable standards and procedures:

(1) For the establishment and meetings of other committees; and

(2) Governing any general or specific delegation of any authority or function of

the commission;

c. Providing reasonable procedures for calling and conducting meetings of the

commission, ensuring reasonable advance notice of all meetings, and providing

an opportunity for attendance of such meetings by interested parties, with

enumerated exceptions designed to protect the public's interest, the privacy of

individuals, and proprietary information, including trade secrets. The commission

may meet in closed session only after a majority of the membership votes to

close a meeting in whole or in part. As soon as practicable, the commission must

make public a copy of the vote to close the meeting, which includes the vote of

each member with no proxy votes allowed;

d. Establishing the titles, duties and authority, and reasonable procedures for the

election of the officers of the commission;

e. Providing reasonable standards and procedures for the establishment of the

personnel policies and programs of the commission. Notwithstanding any civil

service or other similar laws of any member state, the bylaws exclusively govern

the personnel policies and programs of the commission;

f. Promulgating a code of ethics to address permissible and prohibited activities of

commission members and employees;

g. Providing a mechanism for winding up the operations of the commission and the

equitable disposition of any surplus funds that may exist after the termination of

the compact after the payment or reserving of all of its debts and obligations;

h. The commission shall publish its bylaws and file a copy thereof, and a copy of

any amendment, with the appropriate agency or officer in each of the member

states, if any;

i. The commission shall maintain its financial records in accordance with the

bylaws; and

j. The commission shall meet and take such actions as are consistent with the

provisions of this compact and the bylaws.

4. The commission shall have the following powers:

a. The authority to promulgate uniform rules to facilitate and coordinate

implementation and administration of this compact. The rules have the force and

effect of law and are binding in all member states;

b. To bring and prosecute legal proceedings or actions in the name of the

commission, provided that the standing of any state emergency medical services

authority or other regulatory body responsible for emergency medical services

personnel licensure to sue or be sued under applicable law may not be affected;

c. To purchase and maintain insurance and bonds;

d. To borrow, accept, or contract for services of personnel, including employees of a

member state;

e. To hire employees, elect or appoint officers, fix compensation, define duties, grant

such individuals appropriate authority to carry out the purposes of the compact,

and to establish the commission's personnel policies and programs relating to

conflicts of interest, qualifications of personnel, and other related personnel

matters;

f. To accept any and all appropriate donations and grants of money, equipment,

supplies, materials, and services, and to receive, utilize, and dispose of the same;

provided that at all times the commission shall strive to avoid any appearance of

impropriety or conflict of interest;

g. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve or use, any property, whether real, personal, or mixed; provided

that at all times the commission shall strive to avoid any appearance of

impropriety;

h. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise

dispose of any property, whether real, personal, or mixed;

i. To establish a budget and make expenditures;

j. To borrow money;

k. To appoint committees, including advisory committees comprised of members,

state regulators, state legislators or their representatives, and consumer

representatives, and other interested persons as may be designated in this

compact and the bylaws;

l. To provide and receive information from, and to cooperate with, law enforcement

agencies;

m. To adopt and use an official seal; and

n. To perform such other functions as may be necessary or appropriate to achieve

the purposes of this compact consistent with the state regulation of emergency

medical services personnel licensure and practice.

5. a. The commission shall pay, or provide for the payment of, the reasonable

expenses of its establishment, organization, and ongoing activities.

b. The commission may accept appropriate revenue sources, donations, and grants

of money, equipment, supplies, materials, and services.

c. The commission may levy on and collect an annual assessment from each

member state or impose fees on other parties to cover the cost of the operations

and activities of the commission and its staff, which must be in a total amount

sufficient to cover its annual budget as approved each year for which revenue is

not provided by other sources. The aggregate annual assessment amount must

be allocated based upon a formula to be determined by the commission, which

shall promulgate a rule binding upon all member states.

d. The commission may not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor may the commission pledge the credit of any of

the member states, except by and with the authority of the member state.

e. The commission shall keep accurate accounts of all receipts and disbursements.

The receipts and disbursements of the commission are subject to the audit and

accounting procedures established under its bylaws. However, all receipts and

disbursements of funds handled by the commission must be audited yearly by a

certified or licensed public accountant, and the report of the audit must be

included in and become part of the annual report of the commission.

6. a. The members, officers, executive director, employees and representatives of the

commission are immune from suit and liability, either personally or in their official

capacity, for any claim for damage to or loss of property or personal injury or

other civil liability caused by or arising out of any actual or alleged act, error, or

omission that occurred, or that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities. This subdivision may not be construed to

protect any such person from suit or liability for any damage, loss, injury, or

liability caused by the intentional or willful or wanton misconduct of that person.

b. The commission shall defend any member, officer, executive director, employee,

or representative of the commission in any civil action seeking to impose liability

arising out of any actual or alleged act, error, or omission that occurred within the

scope of commission employment, duties, or responsibilities, or that the person

against whom the claim is made had a reasonable basis for believing occurred

within the scope of commission employment, duties, or responsibilities; provided

that nothing herein may be construed to prohibit that person from retaining his or

her own counsel; and provided further, that the actual or alleged act, error, or

omission did not result from that person's intentional or willful or wanton

misconduct.

c. The commission shall indemnify and hold harmless any member, officer,

executive director, employee, or representative of the commission for the amount

of any settlement or judgment obtained against that person arising out of any

actual or alleged act, error, or omission that occurred within the scope of

commission employment, duties, or responsibilities, or that such person had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities, provided that the actual or alleged act,

error, or omission did not result from the intentional or willful or wanton

misconduct of that person.
N.D. Cent. Code § 23-43-03 — ND Code / Title 23 / Chapter 23-43 / Section 23-43-03
23-43-03. Emergency medical services operations - Assessment and transportation of stroke patients to a comprehensive stroke center, primary stroke center, or acute stroke-ready hospital
Status: in_force

23-43-03. Emergency medical services operations - Assessment and transportation of

stroke patients to a comprehensive stroke center, primary stroke center, or acute

stroke-ready hospital.

1. Before June first of each year the department of health and human services shall send

the list of comprehensive stroke centers, primary stroke centers, and acute

stroke-ready hospitals to the medical director of each licensed emergency medical

services operation in this state. The department of health and human services shall

maintain a copy of the list and shall post a list of comprehensive stroke centers,

primary stroke centers, and acute stroke-ready hospitals to the department of health

and human services' website.

2. The department of health and human services shall adopt and distribute a nationally

recognized, standardized stroke triage assessment tool. The department shall post this

stroke triage assessment tool on the department's website and provide a copy of the

assessment tool to each licensed emergency medical services operation. Each

licensed emergency medical services operation shall use a stroke triage assessment

tool that is substantially similar to the sample stroke triage assessment tool provided

by the department of health and human services.

3. Each emergency medical services operation in the state shall establish prehospital

care protocols related to the assessment, treatment, and transport of a stroke patient

by a licensed emergency medical services operation. Such protocols must include

plans for the triage and transport of an acute stroke patient to the closest

comprehensive or primary stroke center or when appropriate to an acute stroke-ready

hospital, within a specified time frame of onset of symptoms.

4. As part of current training requirements, each emergency medical services operation

in the state shall establish protocols to assure licensed emergency medical services

providers and 911 dispatch personnel receive regular training on the assessment and

treatment of stroke patients.

5. An emergency medical services operation shall comply with this chapter.

6. All data reported under this chapter must be made available to the department of

health and human services and to all other government agencies, or contractors of

government agencies, which have responsibility for the management and

administration of emergency medical services throughout the state.

7. This chapter may not be construed to require disclosure of any confidential information

or other data in violation of the federal Health Insurance Portability and Accountability

Act of 1996 [Pub. L. 104-191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.].
N.D. Cent. Code § 23-02.1-32 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-32
23-02.1-32. Penalties
Status: in_force

23-02.1-32. Penalties

1. a. Any person who willfully and knowingly makes any false statement in a report,

record, or certificate required to be filed under this chapter, or in application for an

amendment thereof, or who willfully and knowingly supplies false information

intending that such information be used in the preparation of any such report,

record, or certificate, or amendment thereof;

b. Any person who, without lawful authority and with the intent to deceive, makes,

alters, or mutilates any report, record, or certificate required to be filed under this

chapter or a certified copy of a report, record, or certificate;

c. Any person who willfully and knowingly uses or attempts to use or to furnish to

another for use, for any purpose of deception, any certificate, record, report, or

certified copy thereof so made, altered, amended, or mutilated;

d. Any person who, with the intention to deceive, willfully uses or attempts to use

any certificate of birth or certified copy of a record of birth knowing that such

certificate or certified copy was issued upon a record which is false in whole or in

part or which relates to the birth of another person;

e. Any person who willfully and knowingly furnishes a certificate of birth or certified

copy of a record of birth with the intention that it be used by a person other than

the person to whom the record of birth relates; or

f. Any person who knowingly prepares, delivers, or uses a fraudulent or forged copy

of a vital record;

is guilty of a class C felony.

2. a. Any person who refuses to provide information required by this chapter;

b. Any person who knowingly transports or accepts for transportation, interment, or

other final disposition of a dead body or fetus without an accompanying final

disposition-transit permit as provided in this chapter; or

c. Any person who willfully neglects or violates any of the provisions of this chapter

or refuses to perform any of the duties imposed upon the person by this chapter;

is guilty of an infraction.
N.D. Cent. Code § 23-01-04.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-04.1
23-01-04.1. Rulemaking authority and procedure
Status: repealed

23-01-04.1. Rulemaking authority and procedure

Repealed by S.L. 2017, ch. 199, §74.
N.D. Cent. Code § 23-09.5-02 — ND Code / Title 23 / Chapter 23-09.5 / Section 23-09.5-02
23-09.5-02. Direct producer to consumer sales of cottage food products
Status: in_force

23-09.5-02. Direct producer to consumer sales of cottage food products

1. Notwithstanding any other provision of law, a state agency or political subdivision may

not require licensure, permitting, certification, inspection, packaging, or labeling that

pertains to the preparation or sale of cottage food products under this section. This

section does not preclude an agency from providing assistance, consultation, or

inspection, upon request, of a producer.

2. Transactions under this section must be directly between the cottage food operator

and the informed end consumer and be only for home consumption. Transactions may

occur at a farm, ranch, farmers market, farm stand, home-based kitchen, or any other

venue not otherwise prohibited by law or through delivery.

3. Transactions under this section may not:

a. Include the sale of uninspected products made from meat, except as provided

under subdivision b;

b. Include the sale of uninspected products made from poultry, unless:

(1) The cottage food operator slaughters no more than one thousand poultry

raised by the cottage food operator during the calendar year;

(2) The cottage food operator does not buy or sell poultry products, except

products produced from poultry raised by the cottage food operator; and

(3) The poultry product is not adulterated or misbranded; or

c. Include the sale of poultry products if the transaction involves interstate

commerce.

4. Except for whole, unprocessed fruits and vegetables, food prepared by a cottage food

operator may not be sold or used in any food establishment, food processing plant, or

food store.

5. The cottage food operator shall inform the end consumer that any cottage food

product or food sold under this section is not certified, labeled, licensed, packaged,

regulated, or inspected.

6. This section does not change any requirement for brand inspection or animal health

inspections.

7. A cottage food operator shall label all cottage food products that require refrigeration,

such as baked goods containing cream, custard, meringue, cheesecake, pumpkin pie,

and cream cheese, with safe handling instructions and a product disclosure statement

indicating the product was transported and maintained frozen.

8. A cottage food operator shall display a consumer advisory sign at the point of sale or

place a label on the cottage food product with the following statement:

"This product is made in a home kitchen that is not inspected by the state or local

health department."

9. The department of health and human services or a local regulating authority may

conduct an investigation upon complaint of an illness or environmental health

complaint.
N.D. Cent. Code § 23-01-21 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-21
23-01-21. Central registry of traumatic head injury - Establishment - Reports
Status: repealed

23-01-21. Central registry of traumatic head injury - Establishment - Reports

Repealed by S.L. 1999, ch. 231, § 1.
N.D. Cent. Code § 23-16-13 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-13
23-16-13. Appropriation
Status: repealed

23-16-13. Appropriation

Repealed by omission from this code.
N.D. Cent. Code § 23-02.1-24 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-24
23-02.1-24. Court reports of divorce and annulment of marriage
Status: in_force

23-02.1-24. Court reports of divorce and annulment of marriage

1. For each divorce and annulment of marriage granted by any court in this state, a

report must be prepared and filed by the clerk of court with the state registrar. The

information necessary to prepare the report must be furnished, with the petition, to the

clerk of court by the parties or their legal representatives on forms prescribed and

furnished by the state registrar.

2. On or before the fifth day of each month, the clerk of court shall forward to the state

registrar the report of each divorce and annulment granted during the preceding

calendar month and such related reports as may be required by regulations issued

under this chapter.
N.D. Cent. Code § 23-39-03 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-03
23-39-03. Advertising - Notice - Warning sign - Tubes - Prohibited claims
Status: in_force

23-39-03. Advertising - Notice - Warning sign - Tubes - Prohibited claims

1. A tanning facility may not state in any advertising that the tanning facility holds a

license or permit issued by the department to operate a tanning facility.

2. A tanning facility shall give to each of the tanning facility's customers written notice of

the following:

a. Failure to wear the eye protection provided by the tanning facility may result in

damage to the customer's eyes and may cause cataracts;

b. Overexposure to a tanning device causes burns;

c. Repeated exposure to a tanning device may cause premature aging of the skin

and may cause skin cancer;

d. Abnormal skin sensitivity or burning of the skin while using a tanning device may

be caused by:

(1) Certain foods;

(2) Certain cosmetics; and

(3) Certain medications, including tranquilizers, diuretics, antibiotics, high blood

pressure medicines, and birth control pills; and

e. An individual who takes a drug should consult a physician before using a tanning

device.

3. A tanning facility shall display prominently a warning sign in each area where a tanning

device is used. The warning sign must convey the following directions and information:

a. Follow instructions.

b. Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a

tanning device can cause eye and skin injury and allergic reactions. Repeated

exposure can cause chronic sun damage, which is characterized by wrinkling,

dryness, fragility and bruising of the skin, and skin cancer.

c. Wear food and drug administration-approved protective eyewear.

d. Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so

do not sunbathe during the twenty-four hours immediately preceding or

immediately following the use of a tanning device.

e. Medications and cosmetics may increase your sensitivity to ultraviolet radiation.

Consult a physician before using a tanning device if you are using medications,

have a history of skin problems, or believe that you are especially sensitive to

sunlight. Women who are pregnant or using birth control pills and who use a

tanning device may develop discolored skin.

f. If your skin does not tan when exposed to the sun, it is unlikely that your skin will

tan when exposed to this tanning device.

4. The tanning facility shall maintain a record of the date on which each fluorescent tube

is replaced.

5. An owner or employee of a tanning facility may not claim, or distribute materials that

claim, that using a tanning device is free of risk.
N.D. Cent. Code § 23-10-07 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-07
23-10-07. Sanitation and safety
Status: in_force

23-10-07. Sanitation and safety

Every mobile home park, recreational vehicle park, and campground must be operated with

strict regard for the health, safety, and comfort of its occupants. The following sanitary and

safety regulations must be followed:

1. Location: Every mobile home park must be established and maintained upon dry,

well-drained ground. Any natural sinkholes or collection or pool of water must be

artificially drained and filled. Recreational vehicle park and campground lots must be

established and maintained upon dry, well-drained spaces.

2. Drinking water supply: An adequate supply of potable and safe drinking water must be

provided. The operator of a mobile home park, recreational vehicle park, or

campground shall supply drinking water at the mobile home park, recreational vehicle

park, or campground which is obtained from an approved source that is a public water

system or a nonpublic water system that is constructed, maintained, and operated

according to law.

3. Towels: The placing of roller cloth towels for public use in any washroom or place

within a mobile home park, recreational vehicle park, or campground is prohibited.

Individual cloth towels, cloth towels provided in mechanical dispensers, individual

paper towels, or roller paper towels must be placed for use.

4. Toilets: Modern sanitary flush toilets must be provided where a sewer connection is

available. If a sewer connection is not available, sanitary flyproof privies must be

maintained. All toilets and privies must be kept in a clean, sanitary condition. Separate

toilets and privies must be provided for each sex. No privy or cesspool may be located

less than one hundred feet [30.48 meters] from any well, kitchen, or sleeping quarters.

5. Garbage: All garbage and refuse must be stored in durable, cleanable, insect- and

rodent-resistant containers, and the contents removed and disposed of at a frequency

that will minimize the development of objectionable odors and other conditions that

attract or harbor insects and rodents. All buildings within the mobile home park,

recreational vehicle park, or campground must be screened against flies and kept in a

clean and sanitary condition.

6. Plumbing installations: All plumbing installations in a mobile home park, recreational

vehicle park, or campground must be made in accordance with the state plumbing

code and state laws.

7. Electrical installations: All electrical installations in a mobile home park, recreational

vehicle park, or campground must be made in accordance with the state electrical

code.

8. Streets and roadways: Each mobile home park, recreational vehicle park, and

campground must have roadways or streets wide enough to facilitate the movement of

traffic within the park or campground.

9. Lighting: Each mobile home park, recreational vehicle park, and campground must

have adequate lighting as set forth in rule.

10. Fire protection: Each mobile home park, recreational vehicle park, and campground

must have adequate fire protection in accordance with the state fire code.

11. Playgrounds: Each mobile home park containing twenty-five or more lots shall provide

playground space equivalent to one lot for every twenty-five lots in the park.

12. Multiple-story parks: A multiple-story mobile home park or trailer park may not be

constructed in this state.
N.D. Cent. Code § 23-01.3-01 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-01
23-01.3-01. Definitions
Status: in_force

23-01.3-01. Definitions

As used in this chapter:

1. "Confidential information" includes any confidential record as defined in subsection 3

of section 44-04-17.1, any protected health information, and any other information

declared confidential by law.

2. "Disclose" means to disclose, transfer, permit access to, or otherwise divulge

protected health information to any person other than the individual who is the subject

of that information and includes the initial disclosure and any subsequent redisclosures

of individually identifiable health care information.

3. "Institutional review board" means any board, committee, or other group formally

designated by an institution or public health authority or authorized under federal or

state law to review, approve the initiation of, or conduct a periodic review of research

programs to assure the protection of the rights and welfare of human research

subjects.

4. "Law enforcement inquiry" means any executive branch investigation or official

proceeding inquiring into a violation of, or failure to comply with, any criminal or civil

statute or any regulation, rule, or order issued pursuant to such a statute.

5. "Nonidentifiable health information" means any information that would otherwise be

protected health information except that it does not reveal the identity of the individual

whose health or health care is the subject of the information and there is no

reasonable basis to believe that the information could be used to identify that

individual.

6. "Person" means a government, governmental subdivision of an executive branch

agency or authority, corporation, company, association, firm, partnership, society,

estate, trust, joint venture, individual, individual representative, tribal government, and

any other legal entity.

7. "Protected health information" means any information, including genetic information,

demographic information, and fluid or tissue samples collected from an individual,

diagnostic and test results, whether oral or recorded in any form or medium, which:

a. Is created or received by a health care provider, health researcher, health plan,

health oversight authority, public health authority, employer, health or life insurer,

school or university; and

b. (1) Relates to the past, present, or future physical or mental health or condition

of an individual, including individual cells and their components; the

provision of health care to an individual; or the past, present, or future

payment for the provision of health care to an individual; and

(2) (a) Identifies an individual; or

(b) With respect to which there is a reasonable basis to believe that the

information can be used to identify an individual.

8. "Public health authority" means the department of health and human services' public

health division, department of environmental quality, a local public health unit, and any

authority or instrumentality of the United States, a tribal government, a state, or a

political subdivision of a state, a foreign nation, or a political subdivision of a foreign

nation, which is:

a. Primarily responsible for public health matters; and

b. Primarily engaged in activities such as injury reporting, public health surveillance,

and public health investigation or intervention.

9. "School or university" means an institution or place for instruction or education,

including an elementary school, secondary school, or institution of higher learning, a

college, or an assemblage of colleges united under one corporate organization or

government.

10. "State" includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam,

American Samoa, and the Northern Mariana Islands.

11. "Writing" or "written" means writing in either a paper-based or computer-based form,

including electronic signatures.
N.D. Cent. Code § 23-24-10 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-10
23-24-10. District may issue warrants in anticipation of taxes levied to pay current expenses
Status: in_force

23-24-10. District may issue warrants in anticipation of taxes levied to pay current

expenses.

After a vector control district has been established and a board of commissioners has been

appointed and organized, the board of commissioners may, in order to pay current district

expenses including per diem compensation and expenses of commissioners and wages and

salaries of officers or employees, by resolution authorize and issue district warrants in

anticipation of impending collection and receipt of taxes levied. The warrants must bear such

rate of interest as the board may determine, not to exceed twelve percent per annum. There is

no interest rate ceiling on warrant issues sold to the state of North Dakota or any of its agencies

or instrumentalities. The district treasurer shall keep a register in which to enter each warrant

issued showing the date and amount of each warrant, the date of payment, and the amount paid

in redemption thereof. All warrants must be paid in order of their presentation for payment to the

district treasurer. The warrants must be drawn to the claimant or bearer in the same manner as

a county warrant and must be signed by the chairman of the board of commissioners and

countersigned by the treasurer of the district. The total amount of warrants issued in any year to

pay current district expenses may not exceed eighty percent of the district's tax levy for such

year.
N.D. Cent. Code § 23-47-02 — ND Code / Title 23 / Chapter 23-47 / Section 23-47-02
23-47-02. Acute cardiovascular emergency medical system - Duties of department
Status: in_force

23-47-02. Acute cardiovascular emergency medical system - Duties of department

1. Following consultation with and receipt of a recommendation of the acute

cardiovascular emergency medical system of care advisory committee, the department

shall establish and maintain a comprehensive emergency cardiovascular medical

system for the state. The system must include standards for the following components:

a. A system plan.

b. Prehospital emergency medical services.

c. Hospitals, for which the standards must include:

(1) Standards for designation, redesignation, and dedesignation of receiving

and referring centers.

(2) Standards for evaluation and quality improvement programs for designated

centers.

(3) Recognition of a hospital as a STEMI receiving center or as a STEMI

referring center. In making such recognition, the standards must include

consideration of whether the hospital is:

(a) Accredited as a mission: lifeline STEMI receiving center or mission:

lifeline STEMI referring center by the society of cardiovascular patient

care and the American heart association accreditation process; or

(b) Accredited by a department-approved, nationally recognized

organization that provides mission: lifeline STEMI receiving center and

mission: lifeline STEMI referring center accreditation or a substantive

equivalent.

d. System registries, for which the components must include a plan for achieving

continuous quality improvement in the quality of care provided under the

statewide system, including for STEMI response and treatment.

(1) In implementing this plan, the department shall maintain a statewide STEMI

heart attack database that aggregates information and statistics on heart

attack care.

(2) To the extent possible, the department shall coordinate with national

voluntary health organizations involved in STEMI heart attack quality

improvement to avoid duplication and redundancy.

(3) Designated receiving centers shall participate in the registry.

2. The proceedings and records of the program are not subject to subpoena, discovery,

or introduction into evidence in any civil action arising out of any matter that is the

subject of consideration by the program.
N.D. Cent. Code § 23-01-01.2 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-01.2
23-01-01.2. State department of health designated primary state environmental agency
Status: repealed

23-01-01.2. State department of health designated primary state environmental

agency.

Repealed by S.L. 2017, ch. 199, § 74.
N.D. Cent. Code § 23-10-08 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-08
23-10-08. Sickness in motor or trailer courts - Penalty for failure to report
Status: repealed

23-10-08. Sickness in motor or trailer courts - Penalty for failure to report

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 23-46-01 — ND Code / Title 23 / Chapter 23-46 / Section 23-46-01
23-46-01. Definitions
Status: in_force

23-46-01. Definitions

For purposes of this chapter:

1. "Emergency medical services funding area" means a geographic area eligible for state

assistance and includes one or more licensed ambulance operations.

2. "Minimum reasonable cost" means the cost of operating one transporting ambulance

service or the sum of the cost to operate one transporting ambulance service and any

combination of one substation and one quick response unit.

3. "Required local matching funds" means revenue generated by the provision of

emergency medical services, local mill levies, local sales tax, local donations, and

in-kind donations of services.
N.D. Cent. Code § 23-06-01.1 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-01.1
23-06-01.1. Immunity from liability
Status: repealed

23-06-01.1. Immunity from liability

Repealed by S.L. 1989, ch. 303, § 5.
N.D. Cent. Code § 23-02.1-06 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-06
23-02.1-06. Registration districts
Status: repealed

23-02.1-06. Registration districts

Repealed by S.L. 2007, ch. 234, § 29.
N.D. Cent. Code § 23-10-03 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-03
23-10-03. License required - Application
Status: in_force

23-10-03. License required - Application

1. A person may not establish, maintain, change use, mix use, or enlarge a mobile home

park, recreational vehicle park, or campground in this state without first obtaining a

license from the department.

2. The application for the license must be made in writing to the department on forms

furnished by the department, accompanied by the required fee, and must state the

physical address of the proposed location and type of the mobile home park,

recreational vehicle park, or campground, and include:

a. Evidence of approval from local officials as to the proposed mobile home park,

recreational vehicle park, or campground applicant's compliance with local zoning

laws, ordinances, or regulations for the physical address for its intended use;

b. The proposed water supply, including how water supply fee services are

assessed or metered;

c. The proposed method of sewerage and garbage disposal; and

d. Other information as required by the department.

3. Upon a change of ownership, a new owner shall obtain a license within thirty days

from the date of sale. Failure of the owner to obtain licensure within thirty days from

the date of sale may result in disciplinary action against the owner for operating

without a license.

4. The department shall waive the license and inspection requirement for any mobile

home park, recreational vehicle park, or campground owned by the state or a political

subdivision. The department shall waive all or a portion of the license fee for any

mobile home park, recreational vehicle park, or campground that is subject to local

sanitation, safety, and inspection requirements accepted by the department under

section 23-10-02.1. The department may adopt rules establishing the amount and the

procedures for the collection of annual license and inspection fees. The fees must be

based on the cost of reviewing construction plans, conducting preoperational, routine,

and complaint inspections, followup and reinspection, and necessary enforcement

action. Fees collected under this section must be deposited in the department's

operating fund in the state treasury and any expenditure from the fund is subject to

appropriation by the legislative assembly.
N.D. Cent. Code § 23-13-15 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-15
23-13-15. Smoke detection systems for residential rental property - Penalty
Status: in_force

23-13-15. Smoke detection systems for residential rental property - Penalty

1. All residential rental property with the exception of property covered by section

23-09-02.1 must be equipped with smoke detection systems or other approved alarm

systems for the protection of occupants of the property. Systems must be installed and

maintained in compliance with applicable national fire protection standards as defined

by rules adopted by the state fire marshal. The state fire marshal and local fire

departments shall provide information concerning the installation of smoke detection

systems to owners of residential rental properties. A system installed in a single-family

rental dwelling must be maintained and inspected by the tenant occupying the

single-family rental dwelling. In other dwellings, the landlord is responsible for

installation and ensuring the proper operation of the system upon the occupancy of

each new tenant. The tenant is responsible for maintaining the system during the

tenant's occupancy.

2. The landlord of a residential dwelling unit shall provide an approved visual smoke

detection system or other visual alarm system for fire if requested in writing by a tenant

who is deaf. A landlord is not subject to this subsection if the rental property of that

landlord does not exceed one building and that building does not exceed four

residential dwelling units.

3. Nothing in this section may be construed to alter the provisions of chapter 54-21.3

regarding smoke detection systems or alarm systems for newly constructed

residences.

4. Any property owner who willfully fails to install a system as required by this section is

guilty of a class B misdemeanor.
N.D. Cent. Code § 23-06-20 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-20
23-06-20. Where body may be buried
Status: in_force

23-06-20. Where body may be buried

No dead human body may be buried in this state except in a properly registered cemetery

or in some other place requested by the relatives and friends of the deceased if the same is

authorized by the department of health and human services and all rules and regulations

promulgated by the department in that connection have been complied with.
N.D. Cent. Code § 23-01-03.3 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-03.3
23-01-03.3. Long-term care nursing scholarship and loan repayment grant program
Status: in_force

23-01-03.3. Long-term care nursing scholarship and loan repayment grant program

1. The department of health and human services, in cooperation with the North Dakota

long term care association, shall administer the long-term care nursing scholarship

and loan repayment grant program. The purpose of the program is to provide matching

funds to nursing facilities for the facilities to use in recruiting and retaining nurses by

providing scholarships to nursing facility staff and other individuals to obtain a nursing

education and by assisting in the repayment of student loans for licensed nurses

employed in a nursing facility. The department of health and human services shall

adopt rules necessary to administer the program, including rules establishing criteria

regarding eligibility for and distribution of program grants.

2. An applicant for a program grant shall establish that the applicant:

a. Is a licensed nursing facility;

b. Has available matching funds equal to the amount of the grant request; and

c. Meets the eligibility criteria established by rule.

3. An eligible applicant may receive a program grant not exceeding five thousand five

hundred dollars in the first year of the biennium. Any funds appropriated by the

legislative assembly for the grant program which are remaining after the first year of

the biennium may be distributed to eligible applicants in the second year of the

biennium in any amount determined by the department of health and human services.
N.D. Cent. Code § 23-06.5-04 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-04
23-06.5-04. Restrictions on who can act as agent
Status: in_force

23-06.5-04. Restrictions on who can act as agent

A person may not exercise the authority of agent while serving in one of the following

capacities:

1. The principal's health care provider;

2. A nonrelative of the principal who is an employee of the principal's health care

provider;

3. The principal's long-term care services provider; or

4. A nonrelative of the principal who is an employee of the principal's long-term care

services provider.
N.D. Cent. Code § 23-06-10 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-10
23-06-10. Sextons to endorse and return final disposition-transit permit - Record of burials
Status: in_force

23-06-10. Sextons to endorse and return final disposition-transit permit - Record of

burials.

Each sexton or person in charge of the burial ground shall endorse the date of interment

upon the final disposition-transit permit over the person's signature, and return the final

disposition-transit permit to the county recorder. The subregistrar or sexton shall file all

completed permits, so endorsed, with the county recorder within ten days after the date of

interment or within the time prescribed by the local board of health.

The sexton shall keep a record of all interments made in the premises under the sexton's

charge, stating the name of the deceased individual, the place of death, the date of burial, and

the name and address of the funeral practitioner. Such record at all times must be open to

public inspection.

In the absence of a sexton, the funeral director making the burial shall endorse and return

the final disposition-transit permit to the subregistrar.
N.D. Cent. Code § 23-07.1-03 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-03
23-07.1-03. State has prior claim on patient benefits
Status: in_force

23-07.1-03. State has prior claim on patient benefits

Notwithstanding any provision in this chapter, this state has prior claim on benefits for the

care and treatment of tuberculosis, including diagnosis, tests, studies, and analyses, accruing to

patients for whom care and treatment is provided by the state of North Dakota under entitlement

by the federal government, medical or hospital insurance contracts, workforce safety and

insurance, or the medical care and disability provisions of programs under the supervision of the

department of human services.
N.D. Cent. Code § 23-27.2-03 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-03
23-27.2-03. Licensee evaluation - Notice
Status: in_force

23-27.2-03. Licensee evaluation - Notice

1. The department shall identify and evaluate licensees that have:

a. A substantial likelihood to fail to comply with federal or state law or regulation;

b. Indicated an intention to cease operation or change licensure level within sixty

days; or

c. Indicated a substantial likelihood of failure to respond to requests for service.

2. Upon identification of a licensee that meets the criteria under subsection 1, the

department may provide notice, in accordance with subsection 3, to the licensee by

first-class mail. If provided, the notice must be sent to the:

a. Licensee;

b. Service leader of record;

c. Medical director of record; and

d. Political subdivision that has jurisdiction over the licensee, if applicable.

3. The notice must include:

a. The deadline for the licensee to respond in accordance with section 23-27.2-04;

b. A detailed description of the circumstances of the licensee under subsection 1;

c. The proposed corrective action that must be taken by the licensee; and

d. Any resources available to the licensee to assist in taking corrective action.
N.D. Cent. Code § 23-06.5-17 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-17
23-06.5-17. Optional health care directive form
Status: in_force

23-06.5-17. Optional health care directive form

The following is an optional form of a health care directive and is not a required form:

HEALTH CARE DIRECTIVE

I_________________________________, understand this document allows me to do ONE

OR ALL of the following:

PART I: Name another individual (called the health care agent) to make health care

decisions for me if I am unable to make and communicate health care decisions for myself. My

health care agent must make health care decisions for me based on the instructions I provide in

this document (Part II), if any, the wishes I have made known to him or her, or my agent must

act in my best interest if I have not made my health care wishes known.

AND/OR

PART II: Give health care instructions to guide others making health care decisions for me.

If I have named a health care agent, these instructions are to be used by the agent. These

instructions may also be used by my health care providers, others assisting with my health care,

and my family, in the event I cannot make and communicate decisions for myself.

AND/OR

PART III: Allows me to make an organ and tissue donation upon my death by signing a

document of anatomical gift.

PART I: APPOINTMENT OF HEALTH CARE AGENT

THIS IS WHO I WANT TO MAKE HEALTH CARE DECISIONS

FOR ME IF I AM UNABLE TO MAKE AND COMMUNICATE

HEALTH CARE DECISIONS FOR MYSELF

(I know I can change my agent or alternate agent at any time

and I know I do not have to appoint an agent or an alternate agent)

NOTE: If you appoint an agent, you should discuss this health care directive with your agent

and give your agent a copy. If you do not wish to appoint an agent, you may leave Part I blank

and go to Part II and/or Part III. None of the following may be designated as your agent: your

treating health care provider, a nonrelative employee of your treating health care provider, an

operator of a long-term care facility, or a nonrelative employee of a long-term care facility.

When I am unable to make and communicate health care decisions for myself, I trust and

appoint______________________________ to make health care decisions for me. This

individual is called my health care agent.

Relationship of my health care agent to me: _________________________________

Telephone number of my health care agent: _________________________________

Address of my health care agent: __________________________________________

(OPTIONAL) APPOINTMENT OF ALTERNATE HEALTH CARE AGENT: If my

health care agent is not reasonably available, I trust and appoint _____________________

to be my health care agent instead.

Relationship of my alternate health care agent to me: ________________________

Telephone number of my alternate health care agent: ________________________

Address of my alternate health care agent: _________________________________

THIS IS WHAT I WANT MY HEALTH CARE AGENT TO BE ABLE TO DO

IF I AM UNABLE TO MAKE AND COMMUNICATE HEALTH CARE DECISIONS

FOR MYSELF

(I know I can change these choices)

My health care agent is automatically given the powers listed below in (A) through (D). My

health care agent must follow my health care instructions in this document or any other

instructions I have given to my agent. If I have not given health care instructions, then my agent

must act in my best interest.

Whenever I am unable to make and communicate health care decisions for myself, my

health care agent has the power to:

(A) Make any health care decision for me. This includes the power to give, refuse, or

withdraw consent to any care, treatment, service, or procedures. This includes deciding whether

to stop or not start health care that is keeping me or might keep me alive and deciding about

mental health treatment.

(B) Choose my health care providers.

(C) Choose where I live and receive care and support when those choices relate to my

health care needs.

(D) Review my medical records and have the same rights I would have to give my medical

records to other people.

If I DO NOT want my health care agent to have a power listed above in (A) through (D) OR

if I want to LIMIT any power in (A) through (D), I MUST say that here:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

My health care agent is NOT automatically given the powers listed below in (1) and (2). If I

WANT my agent to have any of the powers in (1) and (2), I must INITIAL the line in front of the

power; then my agent WILL HAVE that power.

____(1) To decide whether to donate any parts of my body, including organs, tissues, and

eyes, when I die.

____(2) To decide what will happen with my body when I die (burial, cremation).

If I want to say anything more about my health care agent's powers or limits on the powers,

I can say it here:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

PART II: HEALTH CARE INSTRUCTIONS

NOTE: Complete this Part II if you wish to give health care instructions. If you appointed an

agent in Part I, completing this Part II is optional but would be very helpful to your agent.

However, if you chose not to appoint an agent in Part I, you MUST complete, at a minimum,

Part II (B) if you wish to make a valid health care directive.

These are instructions for my health care when I am unable to make and communicate

health care decisions for myself. These instructions must be followed (so long as they address

my needs).

(A) THESE ARE MY BELIEFS AND VALUES ABOUT MY HEALTH CARE

(I know I can change these choices or leave any of them blank)

I want you to know these things about me to help you make decisions about my health care:

My goals for my health care:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

My fears about my health care:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

My spiritual or religious beliefs and traditions:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

My beliefs about when life would be no longer worth living:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

My thoughts about how my medical condition might affect my family:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

(B) THIS IS WHAT I WANT AND DO NOT WANT FOR MY HEALTH CARE

(I know I can change these choices or leave any of them blank)

Many medical treatments may be used to try to improve my medical condition or to prolong

my life. Examples include artificial breathing by a machine connected to a tube in the lungs,

artificial feeding or fluids through tubes, attempts to start a stopped heart, surgeries, dialysis,

antibiotics, and blood transfusions. Most medical treatments can be tried for a while and then

stopped if they do not help.

I have these views about my health care in these situations:

(Note: You can discuss general feelings, specific treatments, or leave any of them blank).

If I had a reasonable chance of recovery and were temporarily unable to make and

communicate health care decisions for myself, I would want:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

If I were dying and unable to make and communicate health care decisions for myself, I

would want:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

If I were permanently unconscious and unable to make and communicate health care

decisions for myself, I would want:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

If I were completely dependent on others for my care and unable to make and communicate

health care decisions for myself, I would want:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

In all circumstances, my health care providers will try to keep me comfortable and reduce

my pain. This is how I feel about pain relief if it would affect my alertness or if it could shorten

my life:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

There are other things that I want or do not want for my health care, if possible:

Who I would like to be my health care provider:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Where I would like to live to receive health care:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Where I would like to die and other wishes I have about dying:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

My wishes about what happens to my body when I die (cremation, burial, whole body

donation):

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Any other things:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

PART III: MAKING AN ANATOMICAL GIFT

(A) I WANT TO BE AN ORGAN DONOR

[ ] I would like to be an organ donor at the time of my death. I have told my family my

decision and ask my family to honor my wishes. I wish to donate the following (initial one

statement):

[ ] Any needed organs and tissue.

[ ] Only the following organs and tissue:___________________________

(B) I DO NOT WANT TO BE AN ORGAN DONOR

[ ] I do not want to be an organ donor at the time of my death. I have told my family my decision

and ask my family to honor my wishes.

PART IV: MAKING THE DOCUMENT LEGAL

EARLIER DESIGNATIONS REVOKED. I revoke any earlier health care directive.

DATE AND SIGNATURE OF PRINCIPAL

(YOU MUST DATE AND SIGN THIS HEALTH CARE DIRECTIVE)

I sign my name to this Health Care Directive Form on_____________ at

(date)

_______________________________________

(city)

________________________________________

(state)

________________________________________________

(you sign here)

(THIS HEALTH CARE DIRECTIVE WILL NOT BE VALID UNLESS IT IS NOTARIZED OR

SIGNED BY TWO QUALIFIED WITNESSES WHO ARE PRESENT WHEN YOU SIGN OR

ACKNOWLEDGE YOUR SIGNATURE. IF YOU HAVE ATTACHED ANY ADDITIONAL PAGES

TO THIS FORM, YOU MUST DATE AND SIGN EACH OF THE ADDITIONAL PAGES AT THE

SAME TIME YOU DATE AND SIGN THIS HEALTH CARE DIRECTIVE.)

NOTARY PUBLIC OR STATEMENT OF WITNESSES

This document must be (1) notarized or (2) witnessed by two qualified adult witnesses. The

individual notarizing this document may be an employee of a health care or long-term care

provider providing your care. At least one witness to the execution of the document may not be

a health care or long-term care provider providing you with direct care or an employee of the

health care or long-term care provider providing you with direct care. None of the following may

be used as a notary or witness:

1. An individual you designate as your agent or alternate agent;

2. Your spouse;

3. An individual related to you by blood, marriage, or adoption;

4. An individual entitled to inherit any part of your estate upon your death; or

5. An individual who has, at the time of executing this document, any claim against your

estate.

Option 1: Notary Public

State of _________________

County of ________________

In my presence on __________ (date), ________________ (name of declarant) acknowledged

the declarant's signature on this document or acknowledged that the declarant directed the

individual signing this document to sign on the declarant's behalf.

_________________________

(Signature of Notary Public)

My commission expires __________________________, 20__.

Option 2: Two Witnesses

Witness One:

(1) In my presence on _________ (date), _____________________ (name of

declarant) acknowledged the declarant's signature on this document or

acknowledged that the declarant directed the individual signing this document to

sign on the declarant's behalf.

(2) I am at least eighteen years of age.

(3) If I am a health care provider or an employee of a health care provider giving

direct care to the declarant, I must initial this box: [ ].

I certify that the information in (1) through (3) is true and correct.

_________________________

(Signature of Witness One)

_________________________

(Address)

Witness Two:

(1) In my presence on__________(date), ___________________ (name of

declarant) acknowledged the declarant's signature on this document or

acknowledged that the declarant directed the individual signing this document to

sign on the declarant's behalf.

(2) I am at least eighteen years of age.

(3) If I am a health care provider or an employee of a health care provider giving

direct care to the declarant, I must initial this box: [ ].

I certify that the information in (1) through (3) is true and correct.

_________________________

(Signature of Witness Two)

_________________________

(Address)

PRINCIPAL'S STATEMENT

I have read a written explanation of the nature and effect of an appointment of a health care

agent which is attached to my health care directive.

Dated this _____ day of ________, 20 _____. _______________________

(Signature of Principal)
N.D. Cent. Code § 23-12-10.4 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-10.4
23-12-10.4. Responsibility of proprietors - Reimbursement of costs of compliance
Status: in_force

23-12-10.4. Responsibility of proprietors - Reimbursement of costs of compliance

1. The owner, operator, manager, or other person in control of a public place or place of

employment where smoking is prohibited by this Act shall:

a. Clearly and conspicuously post no smoking signs or the international no smoking

symbol in that place.

b. Clearly and conspicuously post at every entrance to that place a sign stating that

smoking is prohibited.

c. Remove all ashtrays from any area where smoking is prohibited, except for

ashtrays displayed for sale and not for use on the premises and ashtrays that are

factory-installed in vehicles.

d. By December 6, 2012, communicate to all existing employees and to all

prospective employees upon their application for employment that smoking is

prohibited in that place.

e. For places under his or her control, direct a person who is smoking in violation of

this Act to extinguish the product being smoked. If the person does not stop

smoking, the owner, operator, manager, or employee shall refuse service and

shall immediately ask the person to leave the premises. If the person in violation

refuses to leave the premises, the owner, operator, manager, or employee shall

immediately report the violation to an enforcement agency identified in this Act.

The refusal of the person to stop smoking or leave the premises in response to

requests made under this section by an owner, operator, manager, or employee

shall not constitute a violation of the Act by the owner, operator, manager, or

employee.

2. The owner, operator, manager, or other person in control of a public place or place of

employment where smoking is prohibited by this chapter may request from the

department of health and human services the signs necessary to comply with the

signage requirements of subsection 1.
N.D. Cent. Code § 23-36-04 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-04
23-36-04. Administrative search warrant
Status: in_force

23-36-04. Administrative search warrant

Except in the case of an emergency, the department, or another state or local agency acting

on the department's behalf, may seize an animal located on private property only as authorized

by an administrative search warrant issued under chapter 29-29.1. A warrant to seize an animal

under this section must include a request to quarantine, impound, or humanely kill and test the

animal.
N.D. Cent. Code § 23-23-02 — ND Code / Title 23 / Chapter 23-23 / Section 23-23-02
23-23-02. Prohibition against prescription, treatment, sale, or distribution of cancer cure
Status: in_force

23-23-02. Prohibition against prescription, treatment, sale, or distribution of cancer

cure.

No person other than a licensed physician or licensed dentist may in any manner hold out to

any other person as being able to prescribe treatment for, or cure the disease of, cancer, nor in

any manner undertake to treat, or prescribe for the treatment of, the disease of cancer. No

person may sell or offer to sell, or give away or offer to give away, except upon the prescription

of a licensed physician or licensed dentist, any drug, medicine, compound, nostrum, or device

which is represented by the manufacturer or seller thereof to have curative powers when used

in the treatment of the disease of cancer.
N.D. Cent. Code § 23-12-23 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-23
23-12-23. Required vaccine - Opt-out procedure
Status: in_force

23-12-23. Required vaccine - Opt-out procedure

1. Notwithstanding any other provision of law, a state agency, political subdivision, or any

other government entity may not require an individual to take or receive a vaccine or

similar product used to prevent a disease, unless there is a procedure made available

for an opt-out for health, religious, or philosophical reasons.

2. For a school, day care center, child care facility, head start program, or nursery school,

section 23-07-17.1 must be followed for vaccines and vaccine opt-out procedures.
N.D. Cent. Code § 23-16-18 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-18
23-16-18. Maintenance of certification
Status: in_force

23-16-18. Maintenance of certification

1. As used in this section:

a. "Continuing medical education" means continued postgraduate medical

education required by the North Dakota board of medicine intended to educate

medical professionals about new developments in the medical field.

b. "Maintenance of certification" means a process requiring periodic recertification

examinations or other activities to maintain specialty medical board certification.

Recertification may be provided by a medical professional organization, such as

one or more of the medical specialty boards of the American board of medical

specialties, the American osteopathic association, the national board of

physicians and surgeons, or any other board a credentialing entity recognizes.

c. "Physician" means a physician licensed under chapter 43-17.

d. "Specialty medical board certification" means certification by a board specializing

in one particular area of medicine and having requirements in addition to those

the North Dakota board of medicine requires to practice medicine.

2. Except as provided in subsection 5, a physician may not be denied staff privileges or

employment by a facility licensed under this chapter based solely on the physician's

decision to not participate in maintenance of certification.

3. This section does not prevent a facility's credentialing committee from requiring a

physician meet continuing medical education requirements as set by the physician's

licensing board.

4. This section does not prohibit a facility licensed under this chapter from requiring a

physician to undergo remedial or corrective courses or training as may be required by

a quality improvement committee.

5. A facility licensed under this chapter may differentiate between physicians based on a

physician's maintenance of certification if:

a. The facility's designation, certification, or accreditation is contingent on the facility

requiring a specific maintenance of certification by physicians seeking staff

privileges or credentialing at the facility and the differentiation is limited to those

physicians whose maintenance of certification is required for the facility's

designation, certification, or accreditation; or

b. The voting physician members of the facility's organized medical staff vote to

authorize the differentiation and the facility's governing body approves the vote.

(1) The facility may establish terms applicable to the facility's differentiation,

including appropriate grandfathering provisions, and allowing the

differentiation to be rescinded at any time by a vote of the voting physician

members of the facility's organized medical staff.

(2) This section may not be construed to require a new vote by the facility's

medical staff.

(3) Notwithstanding paragraph 2, this section may not be construed to abrogate

or supersede the ability of an organized medical staff and governing board

of an individual facility to determine the facility's credentialing and privileging

criteria with respect to board certification and the maintenance of

certification requirements.

6. A facility licensed under this chapter may not consider maintenance of certification

participation or status as a standard of care consideration in the course of a quality

improvement assessment.
N.D. Cent. Code § 23-13-10 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-10
23-13-10. State safety committee - Meetings - Purpose
Status: repealed

23-13-10. State safety committee - Meetings - Purpose

Repealed by S.L. 1971, ch. 261, § 1.
N.D. Cent. Code § 23-07.5-06 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-06
23-07.5-06. Expanded disclosure of test results prohibited
Status: in_force

23-07.5-06. Expanded disclosure of test results prohibited

1. The results of a test for bloodborne pathogens may be disclosed only to the individual

who was tested; to an exposed individual for whom a test was conducted; and to the

exposed individual's health care provider as provided by this chapter, and as permitted

under title 45, Code of Federal Regulations, part 164, section 512.

2. An exposed individual to whom the results of a test for bloodborne pathogens have

been disclosed under this chapter may not disclose the test results except as

permitted under subsection 3, or as otherwise authorized by law.

3. If the test results are disclosed under this chapter to a law enforcement officer who

was exposed to a bloodborne pathogen, the officer may disclose the test results to any

other law enforcement officer who has direct physical contact with the test subject, if in

the professional judgment of the officer the disclosure is necessary for the health and

safety of the other officer and the disclosure is limited to the minimum amount of

information needed to protect the health and safety of that officer.
N.D. Cent. Code § 23-09.3-05 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-05
23-09.3-05. License required - Term - Revocation
Status: in_force

23-09.3-05. License required - Term - Revocation

No person, institution, organization, limited liability company, or public or private corporation

may keep, operate, conduct, or manage a basic care facility without holding a valid license

issued by the department. The license is not valid for more than one year. Any license may be

revoked by the department for violation of this chapter or the rules adopted by the department.
N.D. Cent. Code § 23-06-21 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-21
23-06-21. Regulation of cemeteries
Status: in_force

23-06-21. Regulation of cemeteries

All persons, corporations, municipalities, associations, and organizations owning,

conducting, or maintaining a cemetery or plot for the burial of dead human bodies shall:

1. Provide for a sexton or secretary.

2. Cause the lot or parcel of ground used and designated as a cemetery to be platted into

orderly blocks and lots, alleys and streets or driveways, giving to each a distinctive

name or number that must be a permanent designation of its location.

3. File the original plat with the recorder of the county in which the cemetery or place of

burial is located and the copy or blueprint thereof with the sexton or secretary.

4. Register with the department of health and human services the name and location of

the cemetery or place of burial, the name and address of the sexton, and the name

and address of other officers of the cemetery association, corporation, or organization.

5. Furnish such information and reports as the department of health and human services

may require including the submission of plans and specifications for review and

approval before constructing, erecting, or placing on the burial site for the burial or

disposition of any human remains any interment structure or device constructed or

placed wholly or partially above the natural surface of the ground.

6. Keep a local register of all burials showing as to each burial the name of the

deceased, the date and location of burial, the date of death, and the name and

address of the undertaker.
N.D. Cent. Code § 23-13-03.1 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-03.1
23-13-03.1. Definitions
Status: in_force

23-13-03.1. Definitions

As used in sections 23-13-03.1 through 23-13-03.5, unless the context clearly requires

otherwise:

1. "Liquefied petroleum gas" means any material which is composed predominately of

any of the following hydrocarbons or mixtures of the same: Propane, propylene,

butanes (normal butane and isobutane), and the butylenes.

2. "Liquefied petroleum gas containers" means any pressurized containers which are

designed to hold more than one hundred fifty gallons [567.81 liters] of liquefied

petroleum gas.

3. "Owner" means any person who holds a written bill of sale under which title to a

container was transferred or any manufacturer of a container who has not sold or

transferred ownership of the container by a written bill of sale.
N.D. Cent. Code § 23-23-04 — ND Code / Title 23 / Chapter 23-23 / Section 23-23-04
23-23-04. Penalty
Status: in_force

23-23-04. Penalty

Any person who violates any provision of this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 23-13-06 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-06
23-13-06. Owner of land to fill abandoned or disused wells, shafts, and other excavations
Status: in_force

23-13-06. Owner of land to fill abandoned or disused wells, shafts, and other

excavations.

Any person owning or occupying lands in this state upon which is located any abandoned or

disused well or shaft shall cause such well or shaft to be filled with earth or stones so as to

obviate any possible menace to the safety of persons or property. Any person violating the

provisions of this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-11-16.1 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-16.1
23-11-16.1. Dissolution of city housing authorities authorized - Procedure - Effect
Status: in_force

23-11-16.1. Dissolution of city housing authorities authorized - Procedure - Effect

The governing body of any city may, by resolution, dissolve the housing authority of such

city for the purpose of electing to participate in a county housing authority pursuant to section
N.D. Cent. Code § 23-06.6-11 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-11
23-06.6-11. Search and notification
Status: in_force

23-06.6-11. Search and notification

1. The following persons shall make a reasonable search of an individual who the person

reasonably believes is dead or near death for a document of gift or other information

identifying the individual as a donor or as an individual who made a refusal:

a. A law enforcement officer, firefighter, paramedic, or other emergency rescuer

finding the individual; and

b. If no other source of the information is immediately available, a hospital, as soon

as practical after the individual's arrival at the hospital.

2. If a document of gift or a refusal to make an anatomical gift is located by the search

required by subdivision a of subsection 1 and the individual or deceased individual to

whom it relates is taken to a hospital, the person responsible for conducting the search

shall send the document of gift or refusal to the hospital.

3. A person is not subject to criminal or civil liability for failing to discharge the duties

imposed by this section but may be subject to administrative sanctions.
N.D. Cent. Code § 23-07-20 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-20
23-07-20. Board of county commissioners may appropriate money to prevent the spread of tuberculosis
Status: in_force

23-07-20. Board of county commissioners may appropriate money to prevent the

spread of tuberculosis.

The board of county commissioners of any county in this state may appropriate county

money and levy taxes within the county levy limitations for the purpose of paying for the

services of visiting nurses or other necessary medical attention or advice in preventing the

spread of tuberculosis in the county, or for the purpose of disinfecting any building, room,

residence, hotel, or other place in such county infected with tuberculosis, and may cooperate

with neighboring counties to establish homes or hospitals for incurable tuberculosis patients.
N.D. Cent. Code § 23-07.6-08 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-08
23-07.6-08. Burden of proof
Status: in_force

23-07.6-08. Burden of proof

At a hearing conducted under this chapter, the health officer who ordered confinement has

the burden of showing by a preponderance of the evidence that the respondent is infected with

a communicable disease, poses a substantial threat to the public health, and that confinement

of the respondent is necessary and is the least restrictive alternative to protect or preserve the

public health.
N.D. Cent. Code § 23-09.4-07 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-07
23-09.4-07. Authority to adopt rules
Status: in_force

23-09.4-07. Authority to adopt rules

The department may adopt rules necessary to carry out its responsibilities under this

chapter.
N.D. Cent. Code § 23-06-21.1 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-21.1
23-06-21.1. Title to burial plots reverts after sixty years - Procedure - Abandonment
Status: in_force

23-06-21.1. Title to burial plots reverts after sixty years - Procedure - Abandonment

Any entity owning, conducting, or maintaining a cemetery or plot for the burial of dead

human bodies may use the procedures in this section to reinvest itself with the title to a portion

of a cemetery which was conveyed by deed to a person but which has not been used for

purposes of burial for more than sixty years.

1. The entity owning, conducting, or maintaining a cemetery may pass a resolution

demanding that the owner of a portion of a cemetery which has been unused for more

than sixty years express an interest in the cemetery plot. The entity shall personally

serve a copy of its resolution on the owner in the same manner as personal service of

process in a civil action. The resolution must notify the owner that the owner must,

within sixty days after service of the resolution on the owner, express an interest in

retaining the unused cemetery plot.

2. If the owner of the unused plot cannot personally be served with a copy of the

resolution of the entity because the owner cannot be found in this state or for any other

valid reason, the entity shall publish its resolution for three consecutive weeks in the

official newspaper of the county where the cemetery is located and shall mail a copy of

the resolution within fourteen days after the third publication to the owner's last-known

address.

3. If within sixty days after personal service or after publication of the board's resolution is

completed, the owner or person with a legal interest in the cemetery plot fails to

express an interest in retaining the unused cemetery plot, the owner's rights are

terminated and title to that person's plot reverts to the entity owning, conducting, or

maintaining the cemetery.

4. It is a conclusive presumption that an owner has abandoned a cemetery plot if for a

period of more than sixty years the owner has not used any portion of the lot for

purposes of burial and has not made provision for care of the lot beyond that provided

uniformly to all lots within the cemetery and if the owner has failed to express an

interest in retaining the cemetery plot after notice provided in this section.
N.D. Cent. Code § 23-51-06 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-06
23-51-06. Access to records
Status: in_force

23-51-06. Access to records

1. The presiding officer of the committee may request from a health care provider all

patient records of the provider from the most recent thirty-six-month period which

pertain to an identified maternal mortality. Upon receipt of a written request for the

information, a health care provider shall disclose the records. The presiding officer also

may acquire the information from health care facilities, maternal mortality review

programs, and other sources in other states to ensure the committee's records of

North Dakota maternal mortality cases are accurate and complete.

2. The department of health and human services shall provide a certified copy of a

complete death record to the committee upon request.
N.D. Cent. Code § 23-46-05 — ND Code / Title 23 / Chapter 23-46 / Section 23-46-05
23-46-05. State financial assistance for emergency medical services - Distribution limit
Status: repealed

23-46-05. State financial assistance for emergency medical services - Distribution

limit.

Repealed by S.L. 2013, ch. 35, § 10.
N.D. Cent. Code § 23-23-01 — ND Code / Title 23 / Chapter 23-23 / Section 23-23-01
23-23-01. Definition
Status: in_force

23-23-01. Definition

For the purposes of this chapter, "cancer" means all malignant neoplasms regardless of the

tissue of origin, including malignant lymphoma and leukemia.
N.D. Cent. Code § 23-27.1-15 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-15
23-27.1-15. Construction and severability
Status: in_force

23-27.1-15. Construction and severability

This compact shall be liberally construed so as to effectuate the purposes thereof. If this

compact is held to be contrary to the constitution of any state member thereto, the compact

shall remain in full force and effect as to the remaining member states. Nothing in this compact

supersedes state law or rules related to licensure of emergency medical services agencies.
N.D. Cent. Code § 23-50-03 — ND Code / Title 23 / Chapter 23-50 / Section 23-50-03
23-50-03. Confidentiality
Status: in_force

23-50-03. Confidentiality

Notwithstanding section 44-04-19, all portions of a meeting of the panel which reviews drug

fatalities are closed to the public. Notwithstanding section 44-04-18, all documentation and

reports of the panel which are related to panel review of drug fatalities are confidential, except

for the annual state report, which may not disclose personally identifiable information of

decedents. The confidential records are not discoverable as evidence.
N.D. Cent. Code § 23-07.4-02 — ND Code / Title 23 / Chapter 23-07.4 / Section 23-07.4-02
23-07.4-02. Emergency public health procedures
Status: in_force

23-07.4-02. Emergency public health procedures

1. When the procedures under section 23-07.4-01 have been exhausted or cannot be

satisfied and the state health officer or designee knows or has reason to believe,

because of medical or epidemiological information, that a person within that official's

jurisdiction has human immunodeficiency virus infection and that the person continues

to engage in behavior that presents an imminent danger to the public health, the state

health officer or designee may bring an action in the district court serving the county in

which the person resides to enjoin the person from engaging in or continuing to

engage in such behavior. The state health officer or designee shall request the state's

attorney to file the action in district court.

2. In addition to issuance of an injunction order requested under subsection 1, the court

may issue other appropriate orders including an order to take the person into custody,

for a period not to exceed ninety days and place the person in a facility designated or

approved by the state health officer. A custody order issued for the purpose of

counseling and testing to determine whether the person has human immunodeficiency

virus infection must provide for the immediate release from custody and from the

facility for any person whose confirmed test results are negative and may provide for

counseling or other appropriate measures to be imposed on any person whose

confirmed test results are positive. The person who is the subject of the order must be

given prompt, personal, and confidential notice of the order stating the grounds and

provisions of the order and notifying the person of the right to contest the order, the

right to be present at a judicial hearing in the district court serving the county in which

the person resides to review the order, and the right to be represented by counsel

during the hearing. If the person contests testing or treatment, no invasive medical

procedures may be carried out before a hearing is held under subsection 3.

3. Any order issued by the district court under subsection 2 is subject to review in a court

hearing. Prompt, personal, and confidential notice of the place, date, and time of the

court hearing and of the person's right to be present at the hearing and the right to

representation by counsel during the hearing must be given to the person who is the

subject of the court order. The hearing must be conducted by the court within

forty-eight hours after the order is issued. The burden of proof is on the state health

officer or designee to show by clear and convincing evidence that grounds exist for the

order issued by the court under subsection 2 and that the terms and conditions

imposed in the order are no more restrictive than necessary to protect the public

health. Upon conclusion of the hearing, the court shall issue appropriate orders

affirming, modifying, or dismissing the order. If the court dismisses the order, the fact

that the order was issued must be expunged from the records of the department of

health and human services. If the court affirms or modifies the order and the person

subject to the order is infected with the human immunodeficiency virus, the court shall

require the person to disclose the names and addresses, if known, of persons with

whom the person subject to the order has had contact that poses an epidemiologically

demonstrated risk of transmission of the human immunodeficiency virus. Failure to

comply with court-ordered disclosure constitutes contempt of court.

4. A person who is the subject of an order authorized under this section is entitled to

representation by legal counsel during any hearing to review the issuance of the order.
N.D. Cent. Code § 23-30-09 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-09
23-30-09. Funds collected to be deposited
Status: in_force

23-30-09. Funds collected to be deposited

The following must be deposited in a state or national bank qualified as a depository for

public funds to the credit of the district fund and may be drawn out only by warrant:

1. All funds collected on behalf of the district through the levy of taxes.

2. All income and earnings of the district.

3. All donations, contributions, bequests, or annuities.

4. All borrowed money received by or on behalf of the district.

Such claim voucher must be authorized by the board of directors and must bear the signature of

the treasurer and the countersignature of the president of such district. The secretary-treasurer

of the district shall, at each annual public meeting of the district, present a financial report

concerning the affairs of the district.
N.D. Cent. Code § 23-01-05.2 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-05.2
23-01-05.2. Epinephrine prescription, distribution, possession, or use - Immunity from liability
Status: in_force

23-01-05.2. Epinephrine prescription, distribution, possession, or use - Immunity

from liability.

1. As used in this section:

a. "Epinephrine" means a single-use disposable device that automatically injects a

premeasured dose of epinephrine.

b. "Health care professional" means a licensed or certified health care professional

who is working within the scope of practice for that profession. The term may

include a physician, physician assistant, advanced practice registered nurse, and

pharmacist acting in the professional's scope of practice.

2. A health care professional acting in good faith may directly or by standing order

prescribe, distribute, or dispense epinephrine, if the health care professional provides

training to:

a. An individual at risk of experiencing a severe allergic reaction; or

b. A family member, friend, or other person in a position to assist an individual at risk

of experiencing a severe allergic reaction.

3. A person acting in good faith may receive or possess epinephrine if that person is:

a. An individual at risk of experiencing a severe allergic reaction; or

b. A family member, friend, or other person in a position to assist an individual at risk

of experiencing a severe allergic reaction.

4. An individual acting in good faith may self-administer epinephrine or administer

epinephrine to another individual who the administering individual suspects is at risk of

experiencing a severe allergic reaction.

5. A person may receive, possess, or administer epinephrine under subsection 3 or 4,

regardless of whether the person is the individual for or the person to which the

epinephrine is prescribed, distributed, or dispensed. A person in possession of

epinephrine which is acting in good faith may provide training on how to use

epinephrine.

6. A health care professional who prescribes, distributes, trains on the use of, or

dispenses epinephrine as authorized under this section is not subject to professional

discipline for such action. This section does not expand the scope of practice of a

health care professional.

7. A person that prescribes, distributes, dispenses, receives, possesses, trains in the use

of, or administers epinephrine as authorized under this section is immune from civil

and criminal liability for such action. This subsection provides immunity to the person

responsible for the site on which the epinephrine is located. Immunity from liability or

discipline under this subsection does not apply if the person's actions constitute

recklessness, gross negligence, or intentional misconduct.
N.D. Cent. Code § 23-01-34 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-34
23-01-34. Children with special health care needs - Program administration
Status: in_force

23-01-34. Children with special health care needs - Program administration

The department of health and human services shall administer programs for children with

special health care needs as may be necessary to conform to title 5, part 2, of the federal Social

Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701

et seq.], including providing services and assistance to children with special health care needs

and their families and developing and operating clinics for the identification, screening, referral,

and treatment of children with special health care needs.
N.D. Cent. Code § 23-11-27 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-27
23-11-27. Additional remedies conferrable by authority on obligee
Status: in_force

23-11-27. Additional remedies conferrable by authority on obligee

An authority, by its resolution, trust indenture, mortgage, lease, or other contract, may

confer upon any obligee holding or representing a specified amount in bonds, or holding a

lease, in addition to all rights that otherwise may be conferred, the right, upon the happening of

an event of default as defined in such resolution or instrument, by suit, action, or proceeding, in

any court of competent jurisdiction:

1. To cause possession of any housing project, or any part thereof, to be surrendered to

such obligee.

2. To obtain the appointment of a receiver of any housing project of said authority, or of

any part thereof, and of the rents and profits therefrom. If such receiver is appointed,

the receiver may enter into and take possession of such housing project, or of any part

thereof, and operate and maintain the same and collect and receive all fees, rents,

revenues, or other charges thereafter arising therefrom, and the receiver shall keep

such moneys in a separate account or accounts and apply the same in accordance

with the obligations of the authority as the court shall direct.

3. To require the authority and the commissioners thereof to account as if it and they

were the trustees of an express trust.
N.D. Cent. Code § 23-07-15 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-15
23-07-15. Removal of individual with reportable disease or condition - Removal of body of individual who died of reportable disease or condition - Prohibited - Declaration of emergency or disaster - Rulemaking authority
Status: in_force

23-07-15. Removal of individual with reportable disease or condition - Removal of

body of individual who died of reportable disease or condition - Prohibited - Declaration

of emergency or disaster - Rulemaking authority.

1. Unless the person has a permit from the local board of health or department of health

and human services, a person may not remove or cause to be removed from without

this state into this state, from one building to another within this state, or from or to any

railroad car or motor vehicle, an individual with a reportable disease or condition, or

the body of an individual who died of a reportable disease or condition.

2. If the governor declares an emergency or a disaster based on an epidemic under

chapter 37-17.1, the department of health and human services shall consider whether

to adopt rules or emergency rules to notify emergency medical services personnel of

the presence of a reportable disease or condition and any person taking possession of

a dead body of a post-mortem communicable disease. Notwithstanding state laws to

the contrary, rules adopted under this section may provide for the disclosure of

personally identifiable information.
N.D. Cent. Code § 23-09.2-03 — ND Code / Title 23 / Chapter 23-09.2 / Section 23-09.2-03
23-09.2-03. Minor violations
Status: in_force

23-09.2-03. Minor violations

The department, local boards of health, and district health units shall attempt to resolve

minor violations of this chapter through education. The department, local boards of health, and

district health units are not required to report for prosecution minor violations of this chapter.
N.D. Cent. Code § 23-06.5-06 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-06
23-06.5-06. Withdrawal as agent
Status: in_force

23-06.5-06. Withdrawal as agent

Subject to the right of the agent to withdraw, the health care directive creates authority for

the agent to make health care decisions on behalf of the principal at such time as the principal

becomes incapacitated. Until the principal becomes incapacitated, the agent may withdraw by

giving notice to the principal. After the principal becomes incapacitated, the agent may withdraw

by giving notice to the attending physician. The attending physician shall cause the withdrawal

to be recorded in the principal's medical record.
N.D. Cent. Code § 23-09-03 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-03
23-09-03. Exiting requirements
Status: in_force

23-09-03. Exiting requirements

Every lodging establishment and assisted living facility constructed in the state shall have

adequate exiting as defined by the state building code in chapter 54-21.3 and state fire code in

chapter 18-01 with the following exceptions:

1. All lodging establishments and assisted living facilities in existence at the time of

implementation of this section are required to continue with fire escapes previously

provided for within this section providing that they are deemed adequate by the local

fire authority having approval, or by the state fire marshal's office.

2. If the lodging establishment or assisted living facility is provided with exterior access

balconies connecting the main entrance door of each unit to two stairways remote

from each other.
N.D. Cent. Code § 23-06.5-18 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-18
23-06.5-18. Penalties
Status: in_force

23-06.5-18. Penalties

1. A person who, without authorization of the principal, willfully alters or forges a health

care directive or willfully conceals or destroys a revocation with the intent and effect of

causing a withholding or withdrawal of life-sustaining procedures which hastens the

death of the principal is guilty of a class C felony.

2. A person who, without authorization of the principal, willfully alters, forges, conceals, or

destroys a health care directive or willfully alters or forges a revocation of a health care

directive is guilty of a class A misdemeanor.

3. The penalties provided in this section do not preclude application of any other

penalties provided by law.
N.D. Cent. Code § 23-09.4-06 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-06
23-09.4-06. Violations - Injunction
Status: in_force

23-09.4-06. Violations - Injunction

The department shall prosecute all violations of this chapter. The department may apply to

the district court of the county in which the residential care facility for children with autism

spectrum disorder is located, for a temporary or permanent injunction restraining any person

from conducting, managing, or operating a facility without a license as required by this chapter.
N.D. Cent. Code § 23-35-07 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-07
23-35-07. Health district funds - Financial report
Status: in_force

23-35-07. Health district funds - Financial report

1. Except for a tribal health district, a district board of health shall prepare a budget for

the next fiscal year at the time at which and in the manner in which a county budget is

adopted and shall submit this budget to the joint board of county commissioners for

approval. In the year for which the levy is sought, a district board of health, except for

a tribal health district, seeking approval of a property tax levy under this chapter must

file with the county auditor of each county within the health district, at a time and in a

format prescribed by the county auditors, a financial report for the preceding calendar

year showing the ending balances of each fund held by the health district during that

year. The amount budgeted and approved must be prorated in health districts

composed of more than one county among the various counties in the health district

according to the taxable valuation of the respective counties in the health district. For

the purpose of this section, "prorated" means that each member county's contribution

must be based on an equalized mill levy throughout the district, except as otherwise

permitted under subsection 3 of section 23-35-05. Within ten days after approval by

the joint board of county commissioners, the district board of health shall certify the

budget to the respective county auditors and the budget must be included in the levies

of the counties. The budget, not including gifts, grants, donations, and contributions,

may not exceed the amount that can be raised by a levy of five mills on the taxable

valuation, subject to public hearing in each county in the health district at least fifteen

days before an action taken by the joint board of county commissioners. Action taken

by the joint board of county commissioners must be based on the record, including

comments received at the public hearing. A levy under this section is not subject to the

limitation on the county tax levy for general and special county purposes. The amount

derived by a levy under this section must be placed in the health district fund. The

health district fund must be deposited with and disbursed by the treasurer of the

district board of health. Each county in a health district quarterly shall remit and make

settlements with the treasurer. Any funds remaining in the fund at the end of any fiscal

year may be carried over to the next fiscal year.

2. Except for a tribal health district, the district board of health, or the president and

secretary of the board when authorized or delegated by the board, shall audit all

claims against the health district fund. The treasurer shall pay all claims from the

health district fund. The district board of health shall approve or ratify all claims at the

board's quarterly meetings.
N.D. Cent. Code § 23-43-06 — ND Code / Title 23 / Chapter 23-43 / Section 23-43-06
23-43-06. General provisions
Status: in_force

23-43-06. General provisions

1. This chapter is not a medical practice guideline and may not be used to restrict the

authority of a hospital to provide services for which the hospital received a license

under state law. Patients must be treated individually based on the needs and

circumstances of each patient.

2. A person may not advertise to the public, by way of any medium, that a hospital is a

comprehensive stroke center, primary stroke center, or acute stroke ready hospital

unless the hospital is designated as such by the department of health and human

services.

3. The department of health and human services may adopt rules to implement this

chapter.
N.D. Cent. Code § 23-17.6-06 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-06
23-17.6-06. Rulemaking
Status: in_force

23-17.6-06. Rulemaking

The department shall adopt necessary rules relating to the extended stay centers, including

rules governing:

1. Licensure qualifications of professional and ancillary personnel;

2. Standards for the organization and quality of patient care performed at the extended

stay center;

3. Procedures for maintaining records;

4. Procedures for application, issuance, and renewal of certificate of registration;

5. Procedures for denial, suspension, or revocation of certificate of registration; and

6. Reviews of registered extended stay centers.
N.D. Cent. Code § 23-12-04 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-04
23-12-04. Permission to establish hospital in residence block of city required
Status: in_force

23-12-04. Permission to establish hospital in residence block of city required

No hospital which treats patients for pay may be established in any residence block of any

city in this state unless the person, firm, corporation, or limited liability company proposing to

establish the same files with the city auditor the written consent of the resident freeholders of

such block.
N.D. Cent. Code § 23-07.4-03 — ND Code / Title 23 / Chapter 23-07.4 / Section 23-07.4-03
23-07.4-03. Closed hearing - Confidentiality of information
Status: in_force

23-07.4-03. Closed hearing - Confidentiality of information

A hearing conducted under this chapter must be closed and any report, transcript, record, or

other information relating to actions taken under this chapter is confidential.
N.D. Cent. Code § 23-10-02 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-02
23-10-02. Department to make regulations - Compliance
Status: in_force

23-10-02. Department to make regulations - Compliance

The department shall have general supervision over the health, safety, sanitary condition,

and legal compliance as outlined in this chapter of all mobile home parks, recreational vehicle

parks, and campgrounds in this state and may promulgate and enforce appropriate rules and

regulations in accordance with chapter 28-32. All mobile home parks, recreational vehicle parks,

and campgrounds constructed after July 1, 1977, must be constructed in accordance with the

requirements of this chapter and the rules and regulations promulgated at the time of

construction. All mobile home parks, recreational vehicle parks, and campgrounds constructed

before July 1, 1977, shall meet the requirements of this chapter by July 1, 1985. All mobile

home parks, recreational vehicle parks, and campgrounds shall meet rules and regulations duly

promulgated after construction of the park or campground within eight years after the effective

date of the rule or regulation.
N.D. Cent. Code § 23-45-02 — ND Code / Title 23 / Chapter 23-45 / Section 23-45-02
23-45-02. Umbilical cord blood - Information pamphlet - Distribution
Status: in_force

23-45-02. Umbilical cord blood - Information pamphlet - Distribution

1. The department of health and human services shall prepare a pamphlet that includes

information regarding the following:

a. The medical processes involved in the collection of umbilical cord blood.

b. The medical risks of umbilical cord blood collection to the mother and her

newborn child.

c. The current and potential future medical uses, risks, and benefits of umbilical

cord blood collection to a mother, her newborn child, and the mother's biological

family.

d. The current and potential future medical uses, risks, and benefits of umbilical

cord blood collection to individuals who are not biologically related to a mother or

her newborn child.

e. Any costs that may be incurred by a patient who chooses to make an umbilical

cord blood donation.

f. Options for ownership and future use of the donated material.

g. The average cost of public and private umbilical cord blood banking.

2. As necessary, the department shall update the pamphlet prepared under this section.

3. The department shall make the pamphlet available on the department's website and

upon request, the department shall distribute the pamphlet at no charge.

4. A hospital that treats a patient during the delivery of her child shall permit her to

arrange for an umbilical cord blood donation as provided under section 23-16-15.

5. For purposes of this section, "umbilical cord blood" means the blood that remains in

the umbilical cord and placenta after the birth of a newborn child.
N.D. Cent. Code § 23-41-07 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-07
23-41-07. Russell-Silver syndrome - Services - Definitions
Status: in_force

23-41-07. Russell-Silver syndrome - Services - Definitions

1. The department shall provide payment of a maximum of fifty thousand dollars per child

per biennium for medical food and growth hormone treatment at no cost to individuals

through age eighteen who have been diagnosed with Russell-Silver syndrome,

regardless of income. If the department provides an individual with services under this

section, the department may seek reimbursement from any governmental program

that provides coverage to that individual for the services provided. The parent of an

individual receiving services under this section shall obtain any health insurance

available to the parent on a group basis or through an employer or union, and that

insurance must be the primary payer before payment under this program.

2. For purposes of this section:

a. "Growth hormone treatment" means a drug prescribed by a physician or other

licensed practitioner for the long-term treatment of growth failure, the supplies

necessary to administer the drug, one out-of-state physician visit per year to

obtain expert consultation for the management of Russell-Silver syndrome,

appropriate in-state physician visits, and the travel expenses associated with

physician visits for the child and one parent.

b. "Medical food" means a formula that is intended for the dietary treatment of a

disease or condition for which nutritional requirements are established by medical

evaluation and is formulated to be consumed or administered under the direction

of a physician as well as any medical procedure and supplies necessary for

assimilation of the formula.
N.D. Cent. Code § 23-47-04 — ND Code / Title 23 / Chapter 23-47 / Section 23-47-04
23-47-04. Standard of care
Status: in_force

23-47-04. Standard of care

This chapter is not a medical practice guideline and may not be used to restrict the authority

of a hospital to provide services for which the hospital has been licensed. This chapter must be

interpreted to recognize that all patients should be treated individually based on each patient's

needs and circumstances.
N.D. Cent. Code § 23-02.1-20 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-20
23-02.1-20. Fetal death registration
Status: in_force

23-02.1-20. Fetal death registration

1. A fetal death record for each fetal death that occurs in this state after a gestation

period of twenty completed weeks or more must be filed with the state registrar.

2. When a fetal death occurs in an institution, the person in charge of the institution or a

designated representative shall use the department of health and human services'

electronic fetal death registration system to report the fetal death, including all

personal and medical facts, to the state registrar within ten days after the delivery. If a

fetal death occurs outside of an institution, a funeral director or other individual in

attendance at or after delivery shall file the fetal death record.

3. When inquiry is required by the local health officer or coroner or in the absence of

medical attendance, the county coroner shall investigate the cause of fetal death, and

shall obtain medical information about the individual from that individual's medical

records or last-known physician or physician assistant and file the medical certification

within ten days after taking charge of the case using the electronic death registration

system.

4. If the cause of fetal death cannot be determined within ten days after death, the

medical certification may be filed after the prescribed period of time in accordance with

rules adopted by the department of health and human services. The attending

physician, physician assistant, nurse practitioner, or coroner shall give the funeral

director in custody of the fetus the notice of the reason for the delay and final

disposition may not be made until authorized by the attending physician, physician

assistant, nurse practitioner, or coroner.

5. The provision for entering the name of the father of the fetus on the fetal death record

and the reporting of out-of-wedlock fetal deaths concur exactly with those set forth in

section 23-02.1-13.
N.D. Cent. Code § 23-01-40 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-40
23-01-40. Diabetes goals and plans - Report to legislative management
Status: repealed

23-01-40. Diabetes goals and plans - Report to legislative management

Repealed by S.L. 2025, ch. 235, § 1.
N.D. Cent. Code § 23-51-02 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-02
23-51-02. Maternal mortality review committee
Status: in_force

23-51-02. Maternal mortality review committee

The department shall appoint individuals to serve as members on the maternal mortality

review committee. Committee membership must include representatives of multiple specialties

and disciplines, including forensic pathology. In appointing members, the department shall

endeavor to appoint individuals working in and representing communities affected by

pregnancy-related deaths, severe maternal morbidity, and a lack of access to relevant perinatal

and intrapartum care services.
N.D. Cent. Code § 23-06.6-21 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-21
23-06.6-21. Cooperation between coroner or medical examiner and a procurement organization
Status: in_force

23-06.6-21. Cooperation between coroner or medical examiner and a procurement

organization.

1. A coroner or medical examiner shall cooperate with procurement organizations to

maximize the opportunity to recover anatomical gifts for the purpose of transplantation,

therapy, research, or education.

2. If a coroner or medical examiner receives notice from a procurement organization that

an anatomical gift might be available or was made with respect to a decedent whose

body is under the jurisdiction of the coroner or medical examiner and a post-mortem

examination is going to be performed, unless the coroner or medical examiner denies

recovery in accordance with section 23-06.6-22, the coroner or medical examiner or

designee of the coroner or medical examiner shall conduct a post-mortem examination

of the body or the part in a manner and within a period compatible with its preservation

for the purposes of the gift.

3. A part may not be removed from the body of a decedent under the jurisdiction of a

coroner or medical examiner for transplantation, therapy, research, or education

unless the part is the subject of an anatomical gift. The body of a decedent under the

jurisdiction of the coroner or medical examiner may not be delivered to a person for

research or education unless the body is the subject of an anatomical gift. This

subsection does not preclude a coroner or medical examiner from performing the

medicolegal investigation upon the body or parts of a decedent under the jurisdiction

of the coroner or medical examiner.
N.D. Cent. Code § 23-44-01 — ND Code / Title 23 / Chapter 23-44 / Section 23-44-01
23-44-01. Definitions
Status: in_force

23-44-01. Definitions

As used in this chapter, unless the context otherwise requires, the following definitions

apply:

1. "Certified nurse aide" means an individual who is registered on the nurse aide registry

and who has either successfully completed the requirements for the

department-approved training and competency evaluation program or has successfully

completed the requirements of the department-approved competency evaluation

program.

2. "Department" means the department of health and human services.

3. "Home health aide" means an individual who is registered on the nurse aide registry

and who renders personal related service under the supervision of a registered

professional nurse.

4. "Medication assistant" means an individual who is registered on the nurse aide registry

and who has successfully completed the requirements of a department-approved

medication assistant program for a specific employment setting. A medication assistant

may be designated a medication assistant I or a medication assistant II.

5. "Nurse aide" means an individual who is registered on the nurse aide registry and who

has successfully completed the competency requirements identified by the department

to provide nursing or nursing-related services to an individual in a health care facility or

other setting.

6. "Nurse aide registry" means a listing of individuals who the department has

determined have successfully completed the requirements established by the

department to be designated as certified nurse aide, home health aide, nurse aide, or

medication assistant.
N.D. Cent. Code § 23-21.1-01 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-01
23-21.1-01. Applicability of statute
Status: in_force

23-21.1-01. The provisions of this section do not apply to an individual regularly employed and

supervised by such organization.
N.D. Cent. Code § 23-21-04 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-04
23-21-04. Declaration of intent
Status: in_force

23-21-04. Declaration of intent

The cemetery authority of any cemetery from which human remains are ordered removed

by a municipal ordinance or county resolution adopted in accordance with this chapter, shall

declare its intention and purpose to disinter and remove the remains in accordance with such

movement orders, and to reinter the remains in another cemetery or cemeteries outside the

limits of the municipality or county or to deposit the remains in a mausoleum or columbarium.
N.D. Cent. Code § 23-02.1-18 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-18
23-02.1-18. New birth records following adoption, legitimation, and paternity determination
Status: in_force

23-02.1-18. New birth records following adoption, legitimation, and paternity

determination.

1. The state registrar shall establish a new birth record for a person born in this state

when the registrar receives the following:

a. An adoption report as provided in section 23-02.1-17 or a certified copy of the

decree of adoption together with the information necessary to identify the original

birth record and to establish a new birth record; except that a new birth record

may not be established if so requested by the court decreeing the adoption, the

adoptive parents, or the adoptive person.

b. A request that a new record be established and such evidence as required by

rules and regulations proving that such person has been legitimated or that a

court of competent jurisdiction has determined the paternity of such person.

2. For a person born in a foreign country whose adoptive parents are residents of the

state of North Dakota at the time of the adoption, the state registrar shall prepare a

new birth record:

a. In the case of a foreign-born person adopted in North Dakota, upon presentation

of a report of adoption as required by section 23-02.1-17.

b. In the case of a foreign-born person adopted outside the state of North Dakota or

outside the United States, or in the state of North Dakota prior to July 1, 1979,

upon presentation of a certified copy of the adoption decree, and:

(1) A certified copy of the birth record of the adopted person; or

(2) An affidavit of an adoptive parent setting forth the true or probable date and

place of birth and parentage of the adopted person.

Any certification of a birth record issued under this subsection must be in the same

form as other certifications of birth records issued in this state except that it must state

that it does not purport to be evidence of United States citizenship.

3. When a new birth record is established, the actual place and date of birth must be

shown. The new birth record must be substituted for the original birth record:

a. Thereafter, the original birth record and the evidence of adoption, paternity, or

legitimation is not subject to inspection except upon order of a court of competent

jurisdiction or as provided by rules and regulations.

b. Upon receipt of a notice of annulment of adoption, the original birth record must

be restored to its place in the files and the new birth record and evidence is not

subject to inspection except upon order of a court of competent jurisdiction.

4. If no birth record is on file for the person for whom a new birth record is to be

established under this section, an original birth record must be filed with the state

registrar in accordance with the appropriate rules and regulations promulgated by the

department of health and human services. The new record is also to be prepared on

the standard forms in use at the time of the adoption, legitimation, or paternity

determination.

5. When a new birth record is established by the state registrar, all copies of the original

birth record in the custody of any custodian of permanent local records in the state

must be sealed from inspection or forwarded to the state registrar, as the registrar

directs.
N.D. Cent. Code § 23-06.6-04 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-04
23-06.6-04. Manner of making anatomical gift before donor's death
Status: in_force

23-06.6-04. Manner of making anatomical gift before donor's death

1. A donor may make an anatomical gift:

a. By authorizing a statement or symbol indicating that the donor has made an

anatomical gift to be imprinted on the donor's driver's license or identification

card;

b. In a will;

c. During a terminal illness or injury of the donor, by any form of communication

addressed to at least two adults, at least one of whom is a disinterested witness;

or

d. As provided in subsection 2.

2. A donor or other person authorized to make an anatomical gift under section

23-06.6-03 may make a gift by a donor card or other record signed by the donor or

other person making the gift or by authorizing that a statement or symbol indicating

that the donor has made an anatomical gift be included on a donor registry. If the

donor or other person is physically unable to sign a record, the record may be signed

by another individual at the direction of the donor or other person and must:

a. Be witnessed by at least two adults, at least one of whom is a disinterested

witness, who have signed at the request of the donor or the other person; and

b. State that it has been signed and witnessed as provided in subdivision a.

3. Revocation, suspension, expiration, or cancellation of a driver's license or identification

card upon which an anatomical gift is indicated does not invalidate the gift.

4. An anatomical gift made by will takes effect upon the donor's death whether or not the

will is probated. Invalidation of the will after the donor's death does not invalidate the

gift.
N.D. Cent. Code § 23-35-09 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-09
23-35-09. Abatement and removal of nuisance, source of filth, and cause of sickness
Status: in_force

23-35-09. Abatement and removal of nuisance, source of filth, and cause of sickness

1. If necessary for the protection of public health to abate or remove any nuisance,

source of filth, or cause of sickness, the board of health shall serve notice on the

owner or occupant of the property requiring the owner or occupant, at the owner's or

occupant's expense, to remove or abate the nuisance, source of filth, or cause of

sickness within a time specified by the board, not exceeding thirty days. If the owner or

occupant fails to comply with the notice to remove or abate or if the nuisance, source

of filth, or cause of sickness exists on property of nonresident owners or on property

the owners of which cannot be found, the board of health may remove or destroy the

nuisance, source of filth, or cause of sickness at the expense of the appropriate city or

county, which shall charge the expense against the lot, piece, or parcel of land on

which the work is done.

2. The governing body of the city or county may levy and assess against the property the

cost of the removal or destruction of a nuisance, source of filth, or cause of sickness,

and the member of the governing body who is responsible for streets shall return and

file the assessment in the office of the auditor of the city or county. The auditor shall

publish, in the same manner as provided under section 40-22-06, the amount of the

assessment together with a notice of the time and location the governing body will

meet to consider the approval of the assessment. Each assessment must be recorded,

collected, and paid as other taxes are recorded, collected, and paid.

3. If a board of health determines it necessary for the preservation of public health to

enter any building within the board's jurisdiction to examine, destroy, remove, or

prevent any nuisance, source of filth, or cause of sickness and is refused entrance into

the building, the local health officer, or a designated agent of the local health officer,

may make a complaint under oath to a district judge within the jurisdiction of the board

of health stating the facts in the case which the local health officer, or a designated

agent of the local health officer, has knowledge. If a warrant is issued and if requested

by a board of health, a county sheriff or city police department shall provide assistance

to that public health unit in any action to search or seize material in or on any private

property to destroy, remove, or prevent the nuisance, source of filth, or cause of

sickness, if there is probable cause to believe a public health hazard or public health

nuisance exists on or in that property, and shall carry out any other preventive

measures the public health unit requests. For purposes of this subsection, a request

from a public health unit means a request for assistance which is specific to a public

health nuisance and is not a continuous request for assistance.
N.D. Cent. Code § 23-21-02 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-02
23-21-02. Municipal ordinance for disinterment
Status: in_force

23-21-02. Municipal ordinance for disinterment

The governing body of any municipality may, by ordinance and under such rules and

regulations as it may adopt, provide for the disinterring and removal of all human remains from

any cemetery which is within the municipality, or owned and controlled by the municipality and

located without its boundaries, whenever the governing body finds that the further maintenance

of all or any part of the cemetery as a burial place for the human dead threatens or endangers

the health, safety, comfort, or welfare of the public.
N.D. Cent. Code § 23-21-20 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-20
23-21-20. Use of funds to pay expense of removal
Status: in_force

23-21-20. Use of funds to pay expense of removal

Whenever any cemetery corporation, limited liability company, or association has declared

for removal and has published notice of its intention to make removals under this chapter, it may

employ any money in its treasury to defray the expense of removal, including:

1. The expense of purchasing or otherwise providing a suitable place for the interment of

remains in any other cemetery.

2. The expenses of disinterment, transportation, and reinterment.

3. The expenses of removal and disposal of vaults, monuments, headstones, copings, or

other improvements.

4. All necessary expenses incident to the sale or mortgaging of any land from which

removals have been made.

5. All other expenses necessarily incurred in carrying out the removal, and reinterment,

or disposing of remains so removed.

6. All expenses incident to any of the above purposes.
N.D. Cent. Code § 23-21.1-06.1 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-06.1
23-21.1-06.1. Cemetery lot - Neglect - Resale
Status: in_force

23-21.1-06.1. Cemetery lot - Neglect - Resale

Any cemetery lot, transferred to an individual owner by a cemetery organization governed

by the provisions of this chapter, in which no interment has been made and which remains

uncared for or neglected by the owner for a period of thirty or more years may, except when the

owner is entitled to perpetual care of the lot, be resold by the cemetery organization after the

publication of notice of its intent to resell the lot. The notice must be published for three

successive weeks in the official newspaper of the county in which the lot is located.
N.D. Cent. Code § 23-09.1-02 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-02
23-09.1-02. Bed and breakfast facilities - Powers of department
Status: in_force

23-09.1-02. Bed and breakfast facilities - Powers of department

The department shall establish by rule the procedures for licensing, qualifying, classifying,

inspecting, and regulating persons providing bed and breakfast facilities in private homes,

including rules affecting the health and safety of the facility and the persons using the facility. No

political subdivision, including a home rule city or county, may impose health and safety,

licensure, or inspection requirements that exceed the requirements of this chapter or rules

adopted by the department.
N.D. Cent. Code § 23-02.1-02 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-02
23-02.1-02. Office of statistical services
Status: in_force

23-02.1-02. Office of statistical services

There is hereby established in the department of health and human services an office of

statistical services, which shall install, maintain, and operate a system of health statistics

tabulation and analysis and a system of vital records registration throughout the state. The

commissioner of the department of health and human services or designee may create within

the office of statistical services such working divisions as may be necessary to comply with the

provisions of this chapter and shall appoint the directors of such divisions in accordance with the

merit system laws and regulations of the state of North Dakota.
N.D. Cent. Code § 23-11-34 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-34
23-11-34. Powers of housing authority
Status: in_force

23-11-34. Powers of housing authority

This chapter constitutes an independent authorization for a housing authority to undertake

the development or administration of projects to assure the availability of safe and sanitary

dwellings for persons engaged in national defense activities and for veterans as provided in this

chapter and for a housing authority to cooperate with, or act as agent for, the federal

government in the development or administration of similar projects by the federal government.

In acting under this authorization, a housing authority is not subject to any limitations,

restrictions, or requirements of other laws, except those relating to land acquisition, prescribing

the procedure or action to be taken in the development or administration of any public works,

including slum clearance and housing projects for such persons or undertakings or projects of

municipal or public corporations or political subdivisions or agencies of the state. A housing

authority may do any and all things necessary or desirable to cooperate with, or act as agent for,

the federal government, or to secure financial aid, in the expeditious development or in the

administration of projects to assure the availability of safe and sanitary dwellings for persons

engaged in national defense activities and for veterans and to effectuate the purposes of this

chapter.
N.D. Cent. Code § 23-27-04.5 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.5
23-27-04.5. Quick response unit service pilot program
Status: in_force

23-27-04.5. Quick response unit service pilot program

Expired under S.L. 2001, ch. 246, § 14.
N.D. Cent. Code § 23-46-02 — ND Code / Title 23 / Chapter 23-46 / Section 23-46-02
23-46-02. Emergency medical services advisory council
Status: in_force

23-46-02. Emergency medical services advisory council

1. The department of health and human services shall establish an emergency medical

services advisory council.

2. The council must include:

a. At least three representatives appointed by an emergency medical services

organization;

b. One individual to represent basic life support, appointed by the commissioner of

the department of health and human services or designee;

c. One individual to represent advanced life support, appointed by the commissioner

of the department of health and human services or designee; and

d. Other members designated by the commissioner of the department of health and

human services or designee, not to exceed a total of fourteen members.

3. The department of health and human services shall consider the recommendations of

the council on:

a. The plan for integrated emergency medical services in the state;

b. Development of emergency medical services funding areas;

c. Development of the emergency medical services funding areas application

process and budget criteria; and

d. Other issues relating to emergency medical services as determined by the

commissioner of the department of health and human services or designee or the

state health officer.

4. Council members are entitled to reimbursement for expenses in the manner provided

in section 44-08-04. The department of health and human services shall establish by

policy the length of terms and the method for rotation of membership.
N.D. Cent. Code § 23-16.1-04 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-04
23-16.1-04. Termination of receivership
Status: in_force

23-16.1-04. Termination of receivership

The receivership must be terminated when the receiver and the court certify that the

conditions which prompted the appointment have been corrected, when the license is restored,

when a new license is issued, or, in the case of an election by the owner or owners to

discontinue operation, when the patients or residents are safely placed or provided services in

the health care facility.
N.D. Cent. Code § 23-17.3-06 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-06
23-17.3-06. Advice and consultation
Status: in_force

23-17.3-06. Advice and consultation

The department shall provide professional advice and consultation related to the quality of

home health agency aspects of health care and services provided by the licensee.
N.D. Cent. Code § 23-13-13 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-13
23-13-13. Buildings and facilities constructed or remodeled after effective date to comply with standards
Status: repealed

23-13-13. Buildings and facilities constructed or remodeled after effective date to

comply with standards.

Repealed by S.L. 1993, ch. 261, § 6.
N.D. Cent. Code § 23-09.3-12 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-12
23-09.3-12. Penalty
Status: in_force

23-09.3-12. Penalty

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-07-13 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-13
23-07-13. Contagious or infectious diseases - Local board may establish temporary hospital
Status: in_force

23-07-13. Contagious or infectious diseases - Local board may establish temporary

hospital.

Each local board of health may provide such temporary hospital or place of reception for

persons afflicted with any contagious or infectious disease as it judges best for their

accommodation and the safety of the inhabitants. It may provide a means of transportation to

such hospital for persons suffering from any such disease. All such hospitals, and all private

houses or other places in which exists any contagious or infectious disease, during the

existence of such disease, are under the control and subject to the regulations of the local board

of health.
N.D. Cent. Code § 23-16-15 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-15
23-16-15. Umbilical cord blood donation
Status: in_force

23-16-15. Umbilical cord blood donation

1. Unless it is medically inadvisable, a hospital shall allow a pregnant patient to arrange

for the blood extracted from the umbilical cord of the patient's newborn child to be

donated to a public cord blood bank. A patient who agrees to donate cord blood to a

public cord blood bank may not be charged for the costs of collecting, storing, or

transporting the cord blood.

2. A hospital is not required to collect cord blood if in the professional judgment of a

licensed physician the collection of the cord blood would threaten the health of the

mother or newborn child. This section does not require a hospital or hospital

employee, including a physician, nurse, or other medical staff, to collect cord blood if

the collection of cord blood conflicts with the bona fide religious practices and beliefs

of the hospital or hospital employee. This section does not require a hospital to

arrange for the donation of blood extracted from umbilical cords.
N.D. Cent. Code § 23-27-06 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-06
23-27-06. Criminal history record check
Status: in_force

23-27-06. Criminal history record check

The department may require an applicant for emergency medical services personnel

licensure to submit to a statewide and nationwide criminal history record check. The nationwide

criminal history record check must be conducted in the manner provided by section 12-60-24.

All costs associated with the criminal history record check are the responsibility of the applicant.
N.D. Cent. Code § 23-21-14 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-14
23-21-14. Removal by heirs of grantee of plot or right of interment - Affidavit
Status: in_force

23-21-14. Removal by heirs of grantee of plot or right of interment - Affidavit

If the right, title, or interest of any grantee of any plot or of the right of interment therein has

passed by succession to the heir or heirs at law of the grantee without distribution by order of

court, the heir or heirs at law may remove the remains of persons interred in the plot. The

affidavit of any heir at law setting out the facts of heirship must be accepted by the cemetery

authority as sufficient evidence of the fact of the transfer.
N.D. Cent. Code § 23-21-15 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-15
23-21-15. Removal of appurtenances to interment space
Status: in_force

23-21-15. Removal of appurtenances to interment space

Whenever remains are removed by a relative or friend of a decedent, under the provisions

of this chapter, the person causing the removal is entitled to remove any vault, monument,

headstone, coping, or other improvement appurtenant to the interment space from which the

remains have been removed. The affidavit or written consent given under the provisions of this

chapter is sufficient authority for the cemetery authority to permit the removal of any such

appurtenance. If such appurtenances remain on the plot for more than ninety days after the

removal of the last human remains, they may be removed and disposed of by the cemetery

authority, and thereafter no person claiming any interest in the plot, or any such appurtenance,

may maintain in any court any action in relation to any such appurtenance.
N.D. Cent. Code § 23-27-01 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-01
23-27-01. License required - Licensing of emergency medical services operations - Exception - Waiver
Status: in_force

23-27-01. License required - Licensing of emergency medical services operations -

Exception - Waiver.

1. The department of health and human services shall license emergency medical

services operations and may designate their service areas. The department shall limit

the issuance of a license for any new emergency medical services operation based on

the needs of the service area. A license for an emergency medical services operation

is transferable upon approval of the department.

2. Emergency medical services may not be advertised, offered, or provided to the public

except by an emergency medical services operator that provides the emergency

medical services through emergency medical services personnel.

3. An emergency medical services operation must be separately licensed for each of the

designated service area of the operation. Under this subsection, an operation may

position vehicles and emergency medical services personnel at more than one

location within the designated service area of an emergency medical services

operation.

4. Notwithstanding subsection 3, an operator of an emergency medical services

operation may operate one or more substation ambulance services operations under a

single license if:

a. The substation ambulance services operation was designated before

December 31, 2024, and remains continuously designated;

b. The headquarters ambulance services operation is not a substation ambulance

services operation of another emergency medical services operation;

c. The substation ambulance services operation area borders the headquarters

ambulance services operation area or borders another substation of the

headquarters ambulance services operation;

d. The headquarters ambulance services operation and the substation ambulance

services operation are dispatched by the same entity; and

e. The operator of the emergency medical services operation pays a license fee for

each of its substation ambulance services operations.

5. The provisions of this chapter do not apply to an operator from another state which is

headquartered at a location outside of this state and transports patients across state

lines, but the operator may not treat patients within this state or pick up patients within

this state for transportation to locations within this state, except as provided by rule.

6. The department of health and human services shall adopt rules for special licenses

and waiver provisions for an operator of an emergency medical services operation

intended for industrial sites not available to the general public.
N.D. Cent. Code § 23-21.1-06 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-06
23-21.1-06. Nonperpetual care cemetery's qualification as perpetual care cemetery
Status: in_force

23-21.1-06. Nonperpetual care cemetery's qualification as perpetual care cemetery

Any nonperpetual care cemetery after the effective date of this chapter may become a

perpetual care cemetery by placing in the perpetual care trust fund twenty-five thousand dollars

or five thousand dollars per acre [.40 hectare] of all property sold, whichever is the greater, and

shall comply with the requirements for a perpetual care cemetery as provided in section

23-21.1-03.
N.D. Cent. Code § 23-24-04 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-04
23-24-04. Order establishing or modifying district
Status: in_force

23-24-04. Order establishing or modifying district

A certified copy of the order establishing or modifying a vector control district must be filed

with the county auditor of each county within which any portion of the district lies and like copy

of the order must be filed in the office of the secretary of state. The secretary of state shall make

and issue to the council a certificate bearing the seal of the state of the due organization of the

district and shall record the certificate and the order of the council establishing or modifying the

district. The certificate of the secretary of state or a copy thereof authenticated by the secretary

of state is prima facie evidence of the organization of the vector control district. Such district is a

governmental agency, body politic and corporate, with the authority to exercise the powers

specified in this chapter or which may be reasonably implied in order to exercise such powers.

The order of the council must specify the name or number by which the vector control district

shall be known.
N.D. Cent. Code § 23-21.1-07 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-07
23-21.1-07. Unlawful acts
Status: in_force

23-21.1-07. Unlawful acts

It is unlawful for any organization subject to the provisions of this chapter to pay or offer to

pay to, or for any person, firm, corporation, or limited liability company to receive directly or

indirectly a commission or bonus or rebate or other things of value, for or in connection with the

sale of any interment space, lot, or part thereof, in any cemetery described in section
N.D. Cent. Code § 23-24-09 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-09
23-24-09. Vector control district budget - Financial report - Tax levy by county
Status: in_force

23-24-09. Vector control district budget - Financial report - Tax levy by county

When a vector control district has been created and a board of commissioners has been

organized, the board shall estimate the expenses of the district from the date of its

establishment until the end of the ensuing fiscal year and before July first in each year and

thereafter shall estimate district expenses for the fiscal year ensuing. Estimates of district

expenses may include all outlays necessary to carry out the powers of the board herein

provided for. Upon adoption of a budget, the board of commissioners shall send a copy of such

budget to the county auditor of each county in the district. If a district is situated in more than

one county, the estimate must be apportioned to the counties affected. Such county auditor

shall transmit the same to the board of commissioners of the auditor's county. In the year for

which the levy is sought, a vector control district seeking approval of a property tax levy under

this chapter must file with the county auditor of each county within the vector control district, at a

time and in a format prescribed by the county auditors, a financial report for the preceding

calendar year showing the ending balances of each fund held by the vector control district

during that year. The board of county commissioners of each county in which the district is

situated may by resolution levy, authorize, and direct their county auditor to extend and spread

upon the tax roll of the county a tax not exceeding the limitation in section 57-15-26.2. Funds

produced each year by such tax levy must be available until expended and if such tax levy in

any year will not produce sufficient revenue to cover district expenses a fund sufficient to pay

the same may be accumulated.
N.D. Cent. Code § 23-07-16 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-16
23-07-16. Child having contagious or infectious disease prohibited from attending school - Exception
Status: in_force

23-07-16. Child having contagious or infectious disease prohibited from attending

school - Exception.

Except as provided by section 23-07-16.1, no principal, superintendent, or teacher of any

school, and no parent or guardian of any minor child, may permit any child having any

significant contagious or infectious disease, or any child residing in any house in which any such

disease exists or has recently existed, to attend any public or private school until permitted to do

so under the regulations of the local board of health.
N.D. Cent. Code § 23-06-11 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-11
23-06-11. Burial without final disposition-transit permit - Penalty
Status: in_force

23-06-11. Burial without final disposition-transit permit - Penalty

It is unlawful for a person, acting as a funeral practitioner, to inter, remove, or otherwise

dispose of as authorized by law the body of any deceased individual without having received a

final disposition-transit permit.
N.D. Cent. Code § 23-09.3-07 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-07
23-09.3-07. Contents of license
Status: in_force

23-09.3-07. Contents of license

The license must show the name of the owner or manager of the basic care facility, its

location, and the maximum number of persons that may be received and kept in the basic care

facility at any one time.
N.D. Cent. Code § 23-12-14 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-14
23-12-14. Copies of medical records and medical bills
Status: in_force

23-12-14. Copies of medical records and medical bills

1. As used in this section, "health care provider" means a licensed individual or licensed

facility providing health care services. Upon the request of a health care provider's

patient or any person authorized by a patient, the provider shall provide a free copy of

a patient's health care records to a health care provider designated by the patient or

the person authorized by the patient if the records are requested for the purpose of

transferring that patient's health care to another health care provider for the

continuation of treatment.

2. Except as provided in subsection 1, upon the request for medical records or medical

bills with the signed authorization of the patient, the health care provider shall provide

medical records and any associated medical bills either in paper or facsimile format at

a charge of no more than twenty dollars for the first twenty-five pages and seventy-five

cents per page after twenty-five pages or in an electronic, digital, or other

computerized format at a charge of thirty dollars for the first twenty-five pages and

twenty-five cents per page after twenty-five pages. This charge includes any

administration fee, retrieval fee, and postage expense.
N.D. Cent. Code § 23-11-13 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-13
23-11-13. Rentals - How fixed by authority
Status: in_force

23-11-13. Rentals - How fixed by authority

An authority shall fix the rentals for dwelling in its projects at no higher rates than it finds to

be necessary in order to produce revenues which, together with all other available moneys,

revenues, income, and receipts of the authority from whatever source derived will be sufficient

to:

1. Pay, as the same become due, the principal and interest on the bonds of the authority;

2. Meet the cost of, and provide for maintaining and operating, the projects of the

authority, including the cost of any insurance thereon, and the administrative expenses

of the authority; and

3. Create, during not less than the six years immediately succeeding its issuance of any

bonds, a reserve sufficient to meet the largest principal and interest payments which

will be due on such bonds in any one year thereafter, and to maintain such reserve.
N.D. Cent. Code § 23-39-05 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-05
23-39-05. Duties
Status: in_force

23-39-05. Duties

1. The owner of a tanning facility shall ensure that all of the following are fulfilled:

a. A customer under eighteen years of age may not be permitted to use the tanning

facility until the customer provides the facility with written consent, in a form

prescribed by the department, of a parent or legal guardian to use the tanning

facility. The consent must indicate that the parent or legal guardian has read the

warnings required by this chapter and that the customer agrees to wear food and

drug administration-approved protective eyewear. The parent or legal guardian

shall provide a notarized statement of consent or sign the consent form in the

presence of the owner of the tanning facility or an employee responsible for the

operation of the ultraviolet radiation device of the facility. The written consent form

expires twelve months from the date signed. A customer under the age of

fourteen years may not be allowed to utilize a tanning device at a tanning facility

without a written order from a physician licensed in this state and without being

accompanied by a parent or legal guardian for every use of the tanning facility.

b. During operating hours there is present at the tanning facility a trained operator

who is able to inform customers about, and assist customers in, the proper use of

tanning devices.

c. Each tanning bed is properly sanitized after each use.

d. Properly sanitized and securely fitting food and drug administration-approved

protective eyewear that protects the wearer's eyes from ultraviolet radiation and

allows enough vision to maintain balance is made available to the customer.

e. A customer is not allowed to use a tanning device unless the customer agrees to

use food and drug administration-approved protective eyewear.

f. A customer is shown how to use such physical aids as handrails and markings on

the floor to determine the proper distance from the tanning device.

g. A timing device that is accurate within ten percent is used.

h. Each tanning device is equipped with a mechanism that allows the customer to

turn off the tanning device.

i. A customer is limited to the maximum exposure time recommended by the

manufacturer.

j. A customer is not allowed to use a tanning device more than once every

twenty-four hours.

k. The interior temperature of the tanning facility does not exceed one hundred

degrees Fahrenheit.

l. The statements under subdivision a of subsection 2 are retained by the tanning

facility for the lesser of three years or until the customer signs a new statement.

2. A user of a tanning facility shall do all of the following:

a. Immediately before the customer's first use of a tanning facility in a year, sign a

statement acknowledging that the customer has read and understands the notice

under subsection 2 of section 23-39-03 and the warning sign under subsection 3

of section 23-39-03 and specifying that the customer agrees to use food and drug

administration-approved protective eyewear.

b. Use food and drug administration-approved protective eyewear at all times while

using a tanning device.
N.D. Cent. Code § 23-21.1-03 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-03
23-21.1-03. Creation of perpetual care fund
Status: in_force

23-21.1-03. Creation of perpetual care fund

1. Any organization subject to this chapter which is organized or commences business in

this state and desires to operate as a perpetual care cemetery, before selling or

disposing of any interment space or lots, shall establish a minimum perpetual care and

maintenance guarantee fund of twenty-five thousand dollars in cash, except that the

minimum perpetual care and maintenance guarantee fund for organizations in

operation on July 1, 1963, must be five thousand dollars. The perpetual care and

maintenance guarantee fund must be permanently set aside in trust to be

administered under the jurisdiction of the district court of the county wherein the

cemetery is located. The district court shall have jurisdiction over the approval of

trustees, reports and accounting of trustees, amount of surety bond required, and

investment of funds as provided by chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,

59-15, 59-16, 59-17, 59-18, and 59-19 relating to the administration of trust estates.

Only the income from such fund may be used for the care and maintenance of the

cemetery for which it was established. All such organizations shall submit at least

annually, to the district court, such reports as are required. The clerks of each of the

district courts shall transmit copies of all reports, and rules and regulations enacted by

the organization, to the department of health and human services and the

commissioner of financial institutions.

2. To continue to operate as a perpetual care cemetery, an organization shall set aside

and deposit in the perpetual care fund not less than the following amounts for lots of

interment space sold or disposed of:

a. A minimum of ten percent of the gross selling price with a minimum of twenty

dollars for each adult space, whichever is the greater.

b. A minimum of ten percent of the gross selling price for each child's space with a

minimum of five dollars for each space up to forty-two inches [1006.8 millimeters]

in length or ten dollars for each space up to sixty inches [1524 millimeters] in

length, whichever is the greater.

c. A minimum of ten percent of the gross selling price with a minimum of one

hundred dollars for each space or crypt in a mausoleum, whichever is greater,

except a mausoleum located in a cemetery covered by a perpetual care fund

which consists of at least ten percent of the proceeds received by the cemetery

from the sale of cemetery lots, in which event, the perpetual care fund for the

public or community mausoleum itself shall contain a minimum of ten percent of

the cost of the construction of such public or community mausoleum.

d. A minimum of ten percent of the gross selling price with a minimum of ten dollars

for each inurnment niche in a columbarium, except a columbarium located in a

cemetery covered by a perpetual care fund which consists of at least ten percent

of the proceeds received by the cemetery from the sale of cemetery lots, in which

event, the perpetual care fund for the public or community columbarium itself

shall contain a minimum of ten percent of the cost of the construction of such

public or community columbarium.

e. A minimum of ten percent of the gross selling price with a minimum of one

hundred dollars, whichever is the greater, for each interment space in crypt

gardens or any other structure or device by whatever name, established or

constructed wholly or partially above the natural surface of the ground, for the

interment of any dead human body.

3. There is no required perpetual care fund deposit on spaces provided without charge

for paupers and infants.
N.D. Cent. Code § 23-09-14 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-14
23-09-14. Department to report to state fire marshal
Status: in_force

23-09-14. Department to report to state fire marshal

The department, before the sixth day of each month, shall report to the state fire marshal on

all food establishments, lodging establishments, or assisted living facilities inspected by the

department during the preceding month, paying particular attention in the report to the violation

of any provision of this chapter relating to fire escapes and the installation and maintenance of

automatic or other fire alarms and fire extinguishing equipment and to any other condition that

might constitute a fire hazard in the premises so inspected. If no such violation or condition is

found, the report must so state.
N.D. Cent. Code § 23-41-02 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-02
23-41-02. Administration of services for children with special health care needs
Status: in_force

23-41-02. Administration of services for children with special health care needs

Services for children with special health care needs must be administered by the

department in conformity with title 5, part 2, of the federal Social Security Act, as amended

through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.].
N.D. Cent. Code § 23-17.3-03 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-03
23-17.3-03. Certificate of need required
Status: repealed

23-17.3-03. Certificate of need required

Repealed by S.L. 1995, ch. 254, § 6.
N.D. Cent. Code § 23-07.5-03 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-03
23-07.5-03. Written consent to disclosure
Status: repealed

23-07.5-03. Written consent to disclosure

Repealed by S.L. 2003, ch. 211, § 27.
N.D. Cent. Code § 23-07-09 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-09
23-07-09. Sexually transmitted diseases - Persons isolated in prison - Exceptions
Status: in_force

23-07-09. Sexually transmitted diseases - Persons isolated in prison - Exceptions

The prison authorities of any state, county, or city prison shall make available to the health

officers such portion of the prison as may be necessary for a clinic or hospital wherein the

following persons may be isolated and treated:

1. Persons who are imprisoned in the prison and who are infected with a sexually

transmitted disease.

2. Persons who are suffering with a sexually transmitted disease at the time of the

expiration of their term of imprisonment.

3. Persons isolated or quarantined by the health officer when no other suitable place for

isolation or quarantine is available.

In lieu of such isolation, any of such persons, in the discretion of the health officer, may be

required to report for treatment to a licensed physician. This section may not be construed to

interfere with the service of any sentence imposed by a court as punishment for the commission

of crime.
N.D. Cent. Code § 23-12-10.5 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-10.5
23-12-10.5. Construction and severability
Status: in_force

23-12-10.5. Construction and severability

This Act shall be construed liberally so as to further its purposes. The provisions of this Act

are declared to be severable. If any provision, clause, sentence, or paragraph of this Act, or its

application to any person or circumstances, shall be held invalid, that invalidity shall not affect

the other provisions of this Act that can be given without the invalid provision or applications.
N.D. Cent. Code § 23-35.1-04 — ND Code / Title 23 / Chapter 23-35.1 / Section 23-35.1-04
23-35.1-04. Regional public health networks - Receipt and use of moneys
Status: in_force

23-35.1-04. Regional public health networks - Receipt and use of moneys

The board of a regional public health network may receive and expend moneys for the

provision of core public health activities and any other lawful activities.
N.D. Cent. Code § 23-30-04 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-04
23-30-04. Board of directors
Status: in_force

23-30-04. Board of directors

At the time and place fixed by the county auditor for the public meeting as provided in

section 23-30-03, the electors residing within the boundaries of the district shall, by approval of

a majority of those present, establish election procedures and elect a board of directors of the

hospital district. The board of directors shall consist of not less than five residents of the district.

The board of directors shall meet as soon after the organizational meeting as possible to elect a

president, a vice president, and a secretary-treasurer. All directors and officers must be elected

for two years and hold office until their successors have been elected and qualified, except that

at the first election the vice president must be elected as provided in this section for a one-year

term, and one-half, or as close to one-half as possible depending upon the total number of

directors, of the directors elected at the first election following July 1, 1975, must be selected by

lot in the presence of a majority of such directors to serve one-year terms. All officers shall serve

without pay.
N.D. Cent. Code § 23-01.1-05 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-05
23-01.1-05. Confidentiality of certain records - Immunity for providing information
Status: repealed

23-01.1-05. Confidentiality of certain records - Immunity for providing information

Repealed by S.L. 2013, ch. 207, § 6.
N.D. Cent. Code § 23-09-09 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-09
23-09-09. Sanitation and safety
Status: in_force

23-09-09. Sanitation and safety

Every food establishment, lodging establishment, and assisted living facility must be

operated with strict regard for the health, safety, and comfort of its patrons. The following

sanitary and safety regulations must be followed:

1. Every food establishment, lodging establishment, and assisted living facility must be

well constructed, drained, and provided with plumbing equipment according to

established sanitary principles and must be kept free from effluvia arising from any

sewerage, drain, privy, or other source within the control of the proprietor.

2. In municipalities in which a system of public water supply and sewerage is maintained,

every food establishment, lodging establishment, and assisted living facility must be

equipped with suitable toilets for the accommodation of its guests, and such toilets

must be ventilated and connected by proper means of flushing with the water of said

system. All lavatories, bathtubs, sinks, drains, and toilets must be connected with such

sewerage system and installed according to all applicable plumbing codes.

3. When a sewerage system is not available, open toilets must be located not less than

forty feet [12.19 meters] from all kitchens, dining rooms, and pantry openings and must

be properly cleaned, screened, and disinfected as often as may be necessary to keep

them in a sanitary condition.

4. All garbage and kitchen refuse must be kept in watertight containers with tight-fitting

covers to prevent decomposition. No dishwater or other substance which is or may

become foul or offensive may be thrown upon the ground near any food

establishment, lodging establishment, or assisted living facility.

5. All bedrooms must be kept free from insects and rodents, and the bedding in use must

be clean and sufficient in quantity and quality.

6. Each food establishment, lodging establishment, or assisted living facility shall keep in

its main public washroom and available at all hours individual disposable paper towels,

a continuous towel system that supplies the user with a clean towel, or a heated air

hand drying device for the use of its guests.

7. Bathrooms, toilet rooms, and laundry rooms must be provided with either natural or

mechanical ventilation connected directly to the outside.

8. All food establishments, lodging establishments, or assisted living facilities shall equip

operable windows during the summer months with screens adequate to keep out

insects.

9. Neither the dining room nor kitchen of any food establishment, lodging establishment,

or assisted living facility may be used as a sleeping or dressing room by any employee

of the hotel or restaurant or by any other person.
N.D. Cent. Code § 23-11-16 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-16
23-11-16. Cooperation between authorities
Status: in_force

23-11-16. Cooperation between authorities

Any two or more authorities may join or cooperate with one another in the exercise of any or

all of the powers conferred upon them for the purpose of financing, planning, undertaking,

constructing, or operating a housing project or projects located within the area of operation of

any one or more of such authorities.
N.D. Cent. Code § 23-13-14 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-14
23-13-14. Sale of metal beverage containers having detachable parts prohibited - Penalty
Status: in_force

23-13-14. Sale of metal beverage containers having detachable parts prohibited -

Penalty.

No person may sell or offer for sale in this state a carbonated or noncarbonated soft drink,

beer, other malt beverage, tea, or fruit or vegetable drink in liquid form and intended for human

consumption contained in an individual sealed metal container designed and constructed so that

a metal pull tab is detached in the process of opening the container. This section does not

prohibit the use of adhesively attached aluminized polyester film pull top seals. Violation of this

section is a class B misdemeanor and each day of violation is a separate offense.
N.D. Cent. Code § 23-12-05 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-05
23-12-05. Advertising certain cures and drugs and specialization prohibited - Penalty
Status: repealed

23-12-05. Advertising certain cures and drugs and specialization prohibited - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 23-12-08 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-08
23-12-08. Emergency medical service authorized
Status: in_force

23-12-08. Emergency medical service authorized

If emergency medical services are not provided by a licensed ambulance service under

chapter 23-27, any county or municipality of the state of North Dakota, by itself, or in

combination with any other county or municipality of the state of North Dakota, may, acting

through its governing body, establish, maintain, contract for, or otherwise provide emergency

medical service for such county or municipality; and for this purpose, out of any funds of such

county or municipality not otherwise committed, may buy, rent, lease, or otherwise contract for

all such vehicles, equipment, or other facilities or services which may be necessary to effectuate

such purpose.
N.D. Cent. Code § 23-01-18 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-18
23-01-18. State department of health responsible for control of rabies
Status: repealed

23-01-18. State department of health responsible for control of rabies

Repealed by S.L. 1999, ch. 243, § 2.
N.D. Cent. Code § 23-09-24 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-24
23-09-24. Salvaged food - License required
Status: in_force

23-09-24. Salvaged food - License required

It is unlawful for a person to claim to be a salvaged food distributor or to engage in the

activity of selling, distributing, or otherwise trafficking in distressed or salvaged food, or both, at

wholesale, without a license issued under this chapter authorizing that person to operate as a

salvaged food distributor. A salvaged food distributor license may not be issued absent

compliance with this section and any rules adopted to implement this section. The department

may adopt rules establishing the amount and the procedures for the collection of annual license

fees under this section. License fees collected under this section must be deposited in the

department's operating fund in the state treasury and any expenditure from the fund is subject

to appropriation by the legislative assembly.
N.D. Cent. Code § 23-07.6-06 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-06
23-07.6-06. Notice of hearing
Status: in_force

23-07.6-06. Notice of hearing

Notice of the hearing must be given to the respondent and must inform the respondent of

the respondent's right to counsel or counsel at public expense under this chapter and must

include a copy of this chapter.
N.D. Cent. Code § 23-17.6-04 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-04
23-17.6-04. Standards of registration
Status: in_force

23-17.6-04. Standards of registration

1. An extended stay center shall meet the following minimum standards for registration:

a. Must be affiliated with one or more facilities certified by the centers for Medicare

and Medicaid services as an ambulatory surgical center;

b. Must have no more than two recovery beds for each operating room in the

affiliated ambulatory surgical center, not to exceed a total of sixteen recovery

beds;

c. Shall discharge patients within forty-eight hours from the time of admission to the

extended stay center;

d. Shall conform to all patient safety and facility requirements adopted by the

department by rule;

e. Shall use admission criteria based only on the extended stay center's:

(1) Medical screening criteria;

(2) Evidence-based surgery guidelines; or

(3) Patient safety standards;

f. Orally and in writing, shall clearly notify patients with Medicare coverage of the

services provided by the extended stay center which are not covered by

Medicare; and

g. Shall report data and metrics to the department as prescribed by rule, including

the:

(1) Types of procedures performed at the affiliated ambulatory surgical center

for which patients are transferred to the extended stay center for recovery;

(2) Average duration of patient stays at the extended stay center;

(3) Medical acuity of the patients served by the extended stay center; and

(4) Frequency and cause of patient transfers from the extended stay center to a

hospital.

2. An extended stay center only may accept a patient from an ambulatory surgical center.

Each ambulatory surgical center must:

a. Be separated physically from the extended stay center operations;

b. Have demonstrated safe operating procedures in an outpatient surgery setting for

no less than twenty-four consecutive months; and

c. Be certified by the centers for Medicare and Medicaid services as participating in

the ambulatory surgical center quality reporting program administered by the

centers for Medicare and Medicaid services.
N.D. Cent. Code § 23-16-05 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-05
23-16-05. Inspections, consultations, and approval of plans
Status: in_force

23-16-05. Inspections, consultations, and approval of plans

The department of health and human services shall make or cause to be made such

inspections as may be prescribed by regulation. The department of health and human services

may prescribe by regulations that any licensee or prospective applicant desiring to make a

substantial alteration or addition to its facilities or to construct new facilities shall, before

commencing such alteration, addition, or new construction, submit plans and specifications

therefor to the department of health and human services for preliminary inspection,

recommendation, and approval.
N.D. Cent. Code § 23-27.2-08 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-08
23-27.2-08. Distressed ambulance service program - Report to legislative management
Status: in_force

23-27.2-08. Distressed ambulance service program - Report to legislative

management.

Each interim, the department shall provide a report to the legislative management regarding

the status of the program. The report must include the provisions of the program, the number of

distressed ambulance services, coordinated efforts and activities, program costs and expenses,

and the overall effectiveness of the program.
N.D. Cent. Code § 23-07-02.2 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-02.2
23-07-02.2. Confidentiality of reports
Status: in_force

23-07-02.2. Confidentiality of reports

A report required by section 23-07-02.1 and held by the department of health and human

services is confidential information. The information may not be disclosed, shared with any

agency or institution, or made public, upon subpoena, search warrant, discovery proceedings,

or otherwise, except that:

1. Disclosure may be made of medical or epidemiological information for statistical

purposes in a manner such that no individual person can be identified;

2. Disclosure may be made of medical or epidemiological information to the extent

necessary to enforce section 23-07-02.1 and this section and related rules concerning

the treatment, control, and investigation of human immunodeficiency virus infection by

public health officials; or

3. Disclosure may be made of medical or epidemiological information to medical

personnel to the extent necessary to protect the health or life of any individual.

No officer or employee of the department of health and human services may be examined in

any judicial, executive, legislative, or other proceeding regarding the existence or content of any

individual's report retained by the department under section 23-07-02.1.
N.D. Cent. Code § 23-01-30 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-30
23-01-30. Zoning regulation of concentrated animal feeding operations - Central repository
Status: repealed

23-01-30. Zoning regulation of concentrated animal feeding operations - Central

repository.

Repealed by S.L. 2017, ch. 199, §74.
N.D. Cent. Code § 23-06.5-05.1 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-05.1
23-06.5-05.1. Suggested health care directive form
Status: in_force

23-06.5-05.1. Suggested health care directive form

A health care directive may include provisions consistent with this chapter, including:

1. The designation of one or more alternate agents to act if the named agent is not

reasonably available to serve;

2. Directions to joint agents regarding the process or standards by which the agents are

to reach a health care decision for the principal, and a statement whether joint agents

may act independently of one another;

3. Limitations, if any, on the right of the agent or any alternate agents to receive, review,

obtain copies of, and consent to the disclosure of the principal's medical records;

4. Limitations, if any, on the nomination of the agent as guardian under chapter 30.1-28;

5. A document of gift for the purpose of making an anatomical gift, as set forth in chapter

23-06.6 or an amendment to, revocation of, or refusal to make an anatomical gift;

6. Limitations, if any, regarding the effect of dissolution or annulment of marriage on the

appointment of an agent;

7. Health care instructions regarding artificially administered nutrition or hydration; and

8. The designation of an agent authorized to make health care decisions for the principal

even though the principal retains the capacity to make health care decisions.
N.D. Cent. Code § 23-01-03.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-03.1
23-01-03.1. Newborn metabolic and genetic disease screening tests
Status: in_force

23-01-03.1. Newborn metabolic and genetic disease screening tests

1. The department of health and human services shall adopt rules relating to the storage,

maintenance, and disposal of blood spots or other newborn screening specimens.

2. The state health officer shall specify a panel of metabolic diseases and genetic

diseases for which newborn screening must be performed. The screening panel must

include disorders and diseases selected with input from an advisory committee.
N.D. Cent. Code § 23-13-02.5 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.5
23-13-02.5. Self-service motor fuel dispensing units to be in view of attendant - Exception
Status: in_force

23-13-02.5. Self-service motor fuel dispensing units to be in view of attendant -

Exception.

Unless an attendant is not required to be on the premises by subsection 2 of section

23-13-02.3, all self-service motor fuel dispensing facilities must, at all times, be in clear view of

the attendant who must be able to communicate, by voice, with persons in the dispensing area.
N.D. Cent. Code § 23-11-06 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-06
23-11-06. Chairman of commissioners of authority, appointment - Vice chairman, appointment - Quorum - Majority vote necessary
Status: in_force

23-11-06. Chairman of commissioners of authority, appointment - Vice chairman,

appointment - Quorum - Majority vote necessary.

The mayor in the case of an authority of a city, or the governing body in the case of an

authority of a county, shall designate which of the commissioners appointed must be the first

chairman. When the office of the chairman of the authority thereafter becomes vacant, the

commissioners of the authority shall select one of their number as chairman. The

commissioners also shall select one of their number as vice chairman. Three commissioners

constitute a quorum for the conduct of the business of the authority. Action may be taken by the

authority upon a vote of a majority of the commissioners present unless the bylaws of the

authority require a larger number.
N.D. Cent. Code § 23-30-10 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-10
23-30-10. Hospital district may enter into contract
Status: in_force

23-30-10. Hospital district may enter into contract

Any hospital district may enter into a contract with a hospital or with another district to

consolidate or cooperate for mutual purposes, including, but not limited to, ambulance or

emergency vehicle services, or may enter into a contract with any federal, state, or local

government agency for hospital or doctor services, upon terms suitable to all concerned, and

power to make such contracts is hereby conferred upon such state or local government agency

in addition to such powers as have been heretofore provided by law.
N.D. Cent. Code § 23-09.4-05 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-05
23-09.4-05. Records
Status: in_force

23-09.4-05. Records

The owner or manager of a residential care facility for children with autism spectrum

disorder must keep a record of every individual admitted to the facility, in the manner and form

prescribed by the department.
N.D. Cent. Code § 23-07-07 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07
23-07-07. Sexually transmitted diseases - Additional powers and duties of health officers
Status: repealed

23-07-07. Sexually transmitted diseases - Additional powers and duties of health

officers.

Repealed by S.L. 2023, ch. 229, § 136.
N.D. Cent. Code § 23-09-04 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-04
23-09-04. Fire escapes in hotels and lodginghouses not more than two stories high
Status: repealed

23-09-04. Fire escapes in hotels and lodginghouses not more than two stories high

Repealed by S.L. 1985, ch. 292, § 5.
N.D. Cent. Code § 23-21-18 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-18
23-21-18. Recordation of removal of human remains - Acknowledgment
Status: in_force

23-21-18. Recordation of removal of human remains - Acknowledgment

After the removal of all human remains interred in any part or the whole of the cemetery

lands, the cemetery authority shall file for record in the office of the county recorder of the

county or municipality in which the lands are situated a written declaration reciting that all

human remains have been removed from the lands described in the declaration.

The declaration must be acknowledged in the same manner as acknowledgments of deeds

to real property by the president and secretary, or other corresponding officers of the cemetery

authority, or by the person owning or controlling the cemetery lands, and thereafter any deed,

mortgage, or other conveyance of any part of such lands is conclusive evidence in favor of any

grantee or mortgagee named therein, and that person's successor or assigns, of the fact of the

complete removal of all human remains therefrom.
N.D. Cent. Code § 23-06.6-01 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-01
23-06.6-01. Definitions
Status: in_force

23-06.6-01. Definitions

As used in this chapter, unless the context requires otherwise:

1. "Adult" means an individual who is eighteen years of age or older.

2. "Agent" means an individual:

a. Authorized to make health care decisions on the principal's behalf by a power of

attorney for health care; or

b. Expressly authorized to make an anatomical gift on the principal's behalf by any

other record signed by the principal.

3. "Anatomical gift" means a donation of all or part of a human body to take effect after

the donor's death for the purpose of transplantation, therapy, research, or education.

4. "Decedent" means a deceased individual whose body or part is or may be the source

of an anatomical gift. The term includes a stillborn infant and, subject to restrictions

imposed by law other than this chapter, a fetus.

5. "Disinterested witness" means a witness other than the spouse, child, parent, sibling,

grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or

refuses to make an anatomical gift or another adult who exhibited special care and

concern for the individual. The term does not include a person to which an anatomical

gift could pass under section 23-06.6-10.

6. "Document of gift" means a donor card or other record used to make an anatomical

gift. The term includes a statement or symbol on a driver's license, identification card,

or donor registry.

7. "Donor" means an individual whose body or part is the subject of an anatomical gift.

8. "Donor registry" means a database that contains records of anatomical gifts and

amendments to or revocations of anatomical gifts.

9. "Driver's license" means a license or permit issued by the department of transportation

to operate a vehicle regardless of whether conditions are attached to the license or

permit.

10. "Eye bank" means a person that is licensed, accredited, or regulated under federal or

state law to engage in the recovery, screening, testing, processing, storage, or

distribution of human eyes or portions of human eyes.

11. "Guardian" means a person appointed by a court to make decisions regarding the

support, care, education, health, or welfare of an individual. The term does not include

a guardian ad litem.

12. "Hospital" means a facility licensed as a hospital under the law of any state or a facility

operated as a hospital by the United States, a state, or a subdivision of a state.

13. "Identification card" means an identification card issued by the department of

transportation.

14. "Know" means to have actual knowledge.

15. "Minor" means an individual who is under eighteen years of age.

16. "Organ procurement organization" means a person designated by the secretary of the

United States department of health and human services as an organ procurement

organization.

17. "Parent" means a parent whose parental rights have not been terminated.

18. "Part" means an organ, an eye, or tissue of a human being. The term does not include

the whole body.

19. "Physician" means an individual authorized to practice medicine or osteopathy under

the law of any state.

20. "Procurement organization" means an eye bank, an organ procurement organization,

or a tissue bank.

21. "Prospective donor" means an individual who is dead or near death and has been

determined by a procurement organization to have a part that could be medically

suitable for transplantation, therapy, research, or education. The term does not include

an individual who has made a refusal.

22. "Reasonably available" means able to be contacted by a procurement organization

without undue effort and willing and able to act in a timely manner consistent with

existing medical criteria necessary for the making of an anatomical gift.

23. "Recipient" means an individual into whose body a decedent's part has been or is

intended to be transplanted.

24. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

25. "Refusal" means an intention not to make an anatomical gift of an individual's body or

part expressed by the individual in accordance with section 23-06.6-06 or which

expressly states an intent to bar other persons from making an anatomical gift of an

individual's body or part.

26. "Sign" means, with the present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

27. "Technician" means an individual determined to be qualified to remove or process

parts by an appropriate organization that is licensed, accredited, or regulated under

federal or state law. The term includes an enucleator.

28. "Tissue" means a portion of the human body other than an organ or an eye. The term

does not include blood unless the blood is donated for the purpose of research or

education.

29. "Tissue bank" means a person that is licensed, accredited, or regulated under federal

or state law to engage in the recovery, screening, testing, processing, storage, or

distribution of tissue.

30. "Transplant hospital" means a hospital that furnishes organ transplants and other

medical and surgical specialty services required for the care of transplant patients.
N.D. Cent. Code § 23-17.3-07 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-07
23-17.3-07. Denial, suspension, or revocation of license
Status: in_force

23-17.3-07. Denial, suspension, or revocation of license

The department may deny, suspend, or revoke a license for noncompliance with this

chapter in accordance with the administrative hearing provisions of chapter 28-32.
N.D. Cent. Code § 23-01.1-04 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-04
23-01.1-04. Administrative authority of health data committee - Administrative support - Authority to acquire data
Status: repealed

23-01.1-04. Administrative authority of health data committee - Administrative

support - Authority to acquire data.

Repealed by S.L. 2013, ch. 207, § 6.
N.D. Cent. Code § 23-10-05 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-05
23-10-05. License fees
Status: repealed

23-10-05. License fees

Repealed by S.L. 2005, ch. 32, § 19.
N.D. Cent. Code § 23-10.1-03 — ND Code / Title 23 / Chapter 23-10.1 / Section 23-10.1-03
23-10.1-03. Appointment of receiver
Status: in_force

23-10.1-03. Appointment of receiver

If the court grants the petition to place the mobile home park into receivership, the court

shall appoint the commissioner as receiver. The commissioner may designate a qualified

individual or a nonprofit organization to execute the receivership. An individual designated to

execute the receivership may not be employed by this state or a political subdivision. The

receiver shall use the income and assets of the mobile home park to maintain and operate the

mobile home park and to attempt to correct the violations of chapter 23-10, the administrative

rules of the department, or other condition which constitutes a threat to health or safety. The

receiver may not liquidate the assets of the mobile home park.
N.D. Cent. Code § 23-06-17 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-17
23-06-17. Bodies required to be buried or cremated after being dissected
Status: in_force

23-06-17. Bodies required to be buried or cremated after being dissected

Any person who receives for dissection any dead body, in pursuance of the provisions of

this chapter, shall decently bury the body in some public cemetery or shall cremate the same in

a furnace properly constructed for that purpose after the dissection has been made.
N.D. Cent. Code § 23-17.7-01 — ND Code / Title 23 / Chapter 23-17.7 / Section 23-17.7-01
23-17.7-01. Definitions
Status: in_force

23-17.7-01. Definitions

As used in this section, unless the context and subject matter otherwise require:

1. "Department" means the department of health and human services.

2. "Hospice patient" has the same meaning as provided under section 23-17.4-01.

3. "Hospice program" has the same meaning as provided under section 23-17.4-01.

4. "Hospice services" has the same meaning as provided under section 23-17.4-01.

5. "Residential end-of-life facility" means a freestanding facility that provides twenty-four

hour residential and support services in a home-like setting for no more than twelve

hospice patients receiving hospice services from a third-party hospice program.