N.D. Cent. Code § 23-06-24.1 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-24.1
23-06-24.1. Endangered gravesites - County action authorized
Status: in_force

23-06-24.1. Endangered gravesites - County action authorized

Notwithstanding any other provisions of this chapter, the county commissioners of each

county may move graves or cremate the bodies in any graves which are located in the county

and maintained by the county when the gravesites are in imminent danger of destruction by

natural elements. The county commissioners shall, to the extent possible, give personal notice

to a relative of a deceased person whose grave is to be moved or whose body is to be cremated

if the identity of that person and the identity of the relative are known. The county

commissioners shall provide at least thirty days' prior notice in a legal newspaper of the county

of the commissioners' intended action to be taken pursuant to this section.
N.D. Cent. Code § 23-39-01 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-01
23-39-01. Definitions
Status: in_force

23-39-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Department" means the department of health and human services.

2. "Phototherapy device" means equipment that emits ultraviolet radiation and is used in

treating disease.

3. "Tanning device" means equipment that emits electromagnetic radiation having

wavelengths in the air between two hundred and four hundred nanometers and which

is used for tanning of human skin and any equipment used with that equipment,

including food and drug administration-approved protective eyewear, timers, and

handrails. The term does not include a phototherapy device used by a physician.

4. "Tanning facility" means a place or business that provides individuals access to a

tanning device.
N.D. Cent. Code § 23-06-09 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-09
23-06-09. Disposition of final disposition-transit permit
Status: in_force

23-06-09. Disposition of final disposition-transit permit

The funeral practitioner, or individual acting as funeral practitioner, shall secure the final

disposition-transit permit from the subregistrar. The funeral practitioner, or person acting as

funeral practitioner, shall deliver such permit to the sexton or person in charge of the place of

final disposition before interring the body, cremating the body, donating the body to a medical

school, or otherwise disposing of the body as authorized by law, or shall attach it to the box

containing the corpse when the same is shipped by any transportation company. Such permit

must be accepted by the sexton or person in charge as authority for the final disposition of the

body. A body may not be accepted for carriage by a common carrier unless the permit is

attached as required in this section.
N.D. Cent. Code § 23-27.2-05 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-05
23-27.2-05. Distressed ambulance service - Declaration and notice
Status: in_force

23-27.2-05. Distressed ambulance service - Declaration and notice

1. The department may declare a licensee a distressed ambulance service if the

licensee:

a. Failed to respond to the department in accordance with section 23-27.2-04;

b. Failed to make sufficient progress to address the circumstances described in the

notice;

c. Failed to take corrective action in accordance with the approved response;

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

days; or

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

2. The department shall provide notice of the declaration by first-class mail to the

recipients under subsection 2 of section 23-27.2-03. The notice must include the

department's basis for the declaration.
N.D. Cent. Code § 23-07.2-01 — ND Code / Title 23 / Chapter 23-07.2 / Section 23-07.2-01
23-07.2-01. Definitions
Status: in_force

23-07.2-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires,

"hemophilia" means a bleeding tendency resulting from a genetically determined deficiency or

abnormality of a blood plasma factor or component.
N.D. Cent. Code § 23-17.6-02 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-02
23-17.6-02. Registration required - Rules
Status: in_force

23-17.6-02. Registration required - Rules

A person may not conduct, maintain, or operate an extended stay center without a

certificate of registration issued by the department. The department shall adopt rules for the

application, issuance, and renewal of a certificate of registration.
N.D. Cent. Code § 23-17.3-01 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-01
23-17.3-01. Definitions
Status: in_force

23-17.3-01. Definitions

In this chapter, unless the context and subject matter otherwise require:

1. "Allowed practitioner" means a physician assistant or advanced practice registered

nurse.

2. "Clinical record" means a written account which covers the services the agency

provides directly and those provided through arrangements with another agency which

account contains pertinent past and current medical, nursing, social, and other

therapeutic information, including the plan of treatment.

3. "Department" means the department of health and human services.

4. "Home health agency" means a public or private agency, organization, facility, or

subdivision thereof which is engaged in providing home health services to individuals

and families where they are presently residing for the purpose of preventing disease

and promoting, maintaining, or restoring health or minimizing the effects of illness or

disability.

5. "Home health aide" means an individual who renders personal related service under

the supervision of a registered professional nurse.

6. "Home health services" means a broad range of health and social services furnished

to individuals and families by a home health agency or by others under arrangements

with the agency, in the places where the recipients are presently residing. Services

must include the services of a currently licensed registered professional nurse and at

least one other therapeutic service and may include additional support services. These

services may only be provided with the approval of a licensed physician or an allowed

practitioner.

7. "Licensed practical nurse" means one who has met all legal requirements for licensure

and holds a current license to practice in North Dakota pursuant to chapter 43-12.1.

8. "Nursing services" means those services pertaining to the preventive, curative, and

restorative aspects of nursing care that are performed by or under the supervision of a

registered professional nurse.

9. "Person" means an individual, firm, partnership, association, corporation, limited

liability company, or any other entity, whether organized for profit or not.

10. "Physician" means any person currently licensed pursuant to chapter 43-17.

11. "Registered professional nurse" means a registered nurse as defined under chapter

43-12.1.

12. "Skilled nursing" means professional nursing services rendered by nurses licensed

under chapter 43-12.1.

13. "Supportive services" includes the use of medical appliances; medical supplies, other

than drugs and biologicals prescribed by a physician; the collection of blood and other

samples for laboratory analysis; and nutritional guidance, homemaker, or companion

services.

14. "Therapeutic services" means services which include:

a. Skilled nursing care.

b. Medical social services.

c. Home health aide services.

d. Physical, occupational, or speech therapy.

e. Respiratory therapy.
N.D. Cent. Code § 23-01-07.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-07.1
23-01-07.1. Powers and duties of the public health division
Status: in_force

23-01-07.1. Powers and duties of the public health division

The public health division shall:

1. Enforce rules adopted by the department of health and human services.

2. Hold public health unit boards of health responsible for enforcement of state rules,

serve in an advisory capacity to public health unit boards of health, and provide for

coordination of health activities.

3. Establish and enforce minimum standards of performance of the work of the local

department of health.

4. Study health problems and plan for their solution as may be necessary.

5. Establish a service for medical hospitals and related institutions to include licensing of

the institutions according to the standards promulgated by the department and

consultation service to communities planning the construction of new hospitals and

related institutions.

6. Maintain a central public health laboratory and where necessary, branch laboratories.

7. Perform all duties required or provided by law.
N.D. Cent. Code § 23-21.1-05 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-05
23-21.1-05. Nonperpetual care cemeteries
Status: in_force

23-21.1-05. Nonperpetual care cemeteries

Each nonperpetual care cemetery shall post in a conspicuous place in the office or offices

where sales are conducted a legible sign stating: "This is a nonperpetual care cemetery". The

lettering of this sign must be of suitable size so it is easily read at a distance of fifty feet [15.24

meters].

Each nonperpetual care cemetery shall also have printed or stamped, at the head of all of

its contracts, deeds, statements, letterheads, and advertising material, the legend: "This is a

nonperpetual care cemetery" and may not sell any lot or interment space therein unless the

purchaser thereof is informed in writing that the cemetery is a nonperpetual care cemetery.
N.D. Cent. Code § 23-24-11 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-11
23-24-11. County treasurer to collect and remit taxes to district treasurer - Deposit of district funds
Status: in_force

23-24-11. County treasurer to collect and remit taxes to district treasurer - Deposit of

district funds.

The treasurer of each county in which a vector control district or a part of such district is

situated shall collect all district taxes, together with penalty and interest thereon, if any, in the

same manner as county taxes are collected and shall within twenty days after the close of each

month pay to the treasurer of the district taxes collected during the preceding month and shall

notify the secretary of the district of such payment. The district treasurer shall on or before the

twentieth day of each month report to the chairman of the board the amount of money in the

district treasury, the amount of receipts in the preceding month and items and amounts of

expenditures. At each meeting of the board the treasurer shall submit to the board a statement

of the district's finances. All collections received by the treasurer of the district must be

deposited in the Bank of North Dakota or such other state or national bank in the state as the

board shall direct to the credit of the district. No claim may be paid by the treasurer until

approved by the board of commissioners and then only upon warrants signed by the chairman

and countersigned by the treasurer of the board. All claims against the district must be verified

in the same manner as claims against a county.
N.D. Cent. Code § 23-12-15 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-15
23-12-15. State agency provision of medical equipment - Policy for reuse, recycling, or resale
Status: in_force

23-12-15. State agency provision of medical equipment - Policy for reuse, recycling,

or resale.

If a state agency uses state funds to provide free medical equipment to an individual, that

state agency shall establish a policy addressing the possible reuse, recycling, or resale value of

the medical equipment upon replacement of the medical equipment by that state agency or

upon disuse of the medical equipment by the individual.
N.D. Cent. Code § 23-38.1-02 — ND Code / Title 23 / Chapter 23-38.1 / Section 23-38.1-02
23-38.1-02. Cardiac ready community grant program advisory committee - Duties
Status: in_force

23-38.1-02. Cardiac ready community grant program advisory committee - Duties

1. The department of health and human services shall establish a cardiac ready

community grant program advisory committee with members appointed by the

commissioner of the department of health and human services or designee. The

advisory committee shall advise the department of health and human services in the

development of the cardiac ready community grant program and the membership must

include a representative of the department of health and human services, one cardiac

ready community member, one representative of the emergency medical services

association, one representative of the American heart association, one representative

of the cardiac task force, one representative of the stroke task force, one

representative of the emergency services advisory committee, one survivor advocate,

and the department of health and human services emergency medical services and

trauma medical director.

2. Members of the committee who are not state employees are entitled to mileage and

expenses as provided by law for state officers and employees. A state employee who

is a member of the committee must receive that employee's regular salary and is

entitled to mileage and expenses, to be paid by the employing agency.

3. The department of health and human services, with the advisory committee's

involvement, shall provide assistance to:

a. Evaluate programs;

b. Promote public awareness of core program elements;

c. Facilitate the coordination of program components with the local level;

d. Involve state agencies, law enforcement, and local government in the

administration and management of the program; and

e. Assist the department in screening and implementing the grants.

4. The department may study the implementation of the program and shall recommend

legislation the cardiac ready community grant program advisory committee considers

appropriate to improve the program.
N.D. Cent. Code § 23-16-16 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-16
23-16-16. Treatment of victims of sexual assault
Status: in_force

23-16-16. Treatment of victims of sexual assault

1. As used in this section:

a. "Hospital" means an entity required to obtain a license under section 23-16-01.

b. "Sexual assault" has the same meaning as provided under section 12.1-20-07.

c. "Victim of sexual assault" means an individual who:

(1) States a sexual assault has been committed against the individual;

(2) Is accompanied by another individual who states a sexual assault has been

committed against the accompanied individual; or

(3) Hospital personnel or a sexual assault nurse examiner have reason to

believe is a victim of sexual assault.

2. A hospital may not require a victim of sexual assault to submit to a forensic

examination or to report the alleged sexual assault to law enforcement.

3. A hospital without staff specially trained to perform a sexual assault forensic

examination may coordinate with a community-based sexual assault nurse examiner

nurse program or develop a sexual assault examiner nurse program to ensure all

victims of sexual assault who want a sexual assault forensic examination or sexually

transmitted infection treatment receive that examination or treatment.
N.D. Cent. Code § 23-36-05 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-05
23-36-05. Assistance of state and local agencies
Status: in_force

23-36-05. Assistance of state and local agencies

If a warrant is issued under section 23-36-04 and upon written request of the department,

the game and fish department, the state veterinarian, or the wildlife services program of the

United States department of agriculture animal and plant health inspection service shall provide

assistance to the department in any action to seize, impound, quarantine, or test an animal

suspected of having rabies or that has possibly exposed an individual to rabies or possibly has

been exposed to rabies, and shall carry out any other preventive measures the department

requests. For purposes of this section, a request from the department means only a request for

assistance as to a particular and singular suspicion of exposure to rabies and does not

constitute a continuous request for assistance.

The duty of the game and fish department to cooperate and provide assistance under this

section is limited to cases involving a wild animal and is applicable only if no other agency is

available for law enforcement or animal control services.
N.D. Cent. Code § 23-23.1-01 — ND Code / Title 23 / Chapter 23-23.1 / Section 23-23.1-01
23-23.1-01. Use of laetrile authorized
Status: in_force

23-23.1-01. Use of laetrile authorized

No hospital or health facility may interfere with the physician-patient relationship by

restricting or forbidding the use of amygdalin when prescribed or administered by a licensed

physician and requested by a patient unless the substance as prescribed or administered by the

physician is found to be harmful by the North Dakota board of medicine in a hearing conducted

pursuant to chapter 28-32.
N.D. Cent. Code § 23-06.6-15 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-15
23-06.6-15. Sale or purchase of parts prohibited - Penalty
Status: in_force

23-06.6-15. Sale or purchase of parts prohibited - Penalty

1. Except as otherwise provided in subsection 2, a person that for valuable consideration

knowingly purchases or sells a part for transplantation or therapy if removal of a part

from an individual is intended to occur after the individual's death commits a class B

misdemeanor.

2. A person may charge a reasonable amount for the removal, processing, preservation,

quality control, storage, transportation, implantation, or disposal of a part.
N.D. Cent. Code § 23-01-15 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-15
23-01-15. Research studies confidential - Penalty
Status: in_force

23-01-15. Research studies confidential - Penalty

1. All information, records of interviews, written reports, statements, notes, memoranda,

or other data procured by the department of health and human services, in connection

with studies conducted by the department of health and human services, or carried on

by the department jointly with other persons, agencies, or organizations, or procured

by such other persons, agencies, or organizations, for the purpose of reducing the

morbidity or mortality from any cause or condition of health is confidential and must be

used solely for the purposes of medical or scientific research.

2. Such information, records, reports, statements, notes, memoranda, or other data is not

admissible as evidence in any action of any kind in any court or before any other

tribunal, board, agency, or person. Such information, records, reports, statements,

notes, memoranda, or other data may not be exhibited nor their contents disclosed in

any way, in whole or in part, by any officer or representative of the department of

health and human services, nor by any other person, except as may be necessary for

the purpose of furthering the research project to which they relate. No person

participating in such research project may disclose, in any manner, the information so

obtained except in strict conformity with such research project. No officer or employee

of said department may interview any patient named in any such report, nor a relative

of any such patient, unless the consent of the attending physician and surgeon is first

obtained.

3. The furnishing of such information to the department of health and human services or

its authorized representative, or to any other cooperating agency in such research

project, does not subject any person, hospital, sanitarium, rest home, nursing home, or

other person or agency furnishing such information, to any action for damages or other

relief.
N.D. Cent. Code § 23-46-03 — ND Code / Title 23 / Chapter 23-46 / Section 23-46-03
23-46-03. Emergency medical services funding areas
Status: in_force

23-46-03. Emergency medical services funding areas

The department of health and human services shall establish and update biennially a plan

for integrated emergency medical services in this state. The plan must identify ambulance

operations areas, emergency medical services funding areas that require state financial

assistance to operate a minimally reasonable level of emergency medical services, and a

minimum reasonable cost for an emergency medical services operation. The department shall

designate emergency medical services funding areas based on criteria adopted by rule of the

department of health and human services.
N.D. Cent. Code § 23-15-05 — ND Code / Title 23 / Chapter 23-15 / Section 23-15-05
23-15-05. State fire marshal or sheriff to seize all fireworks or combustibles
Status: in_force

23-15-05. State fire marshal or sheriff to seize all fireworks or combustibles

The state fire marshal or any sheriff, police officer, or local fire marshal shall seize, take,

remove, or cause to be removed at the expense of the owner all fireworks or combustibles

offered or exposed for sale, stored, or held for use in violation of this chapter.
N.D. Cent. Code § 23-07-02.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-02.1
23-07-02.1. Reports of human immunodeficiency virus infection - Penalty
Status: in_force

23-07-02.1. Reports of human immunodeficiency virus infection - Penalty

Every attending physician treating an individual known by the physician to have a diagnosis

of human immunodeficiency virus infection, acquired immune deficiency syndrome, or human

immunodeficiency virus-related illness, including death from human immunodeficiency virus

infection, shall make a report on that individual to the department of health and human services.

A person treating an individual known to have human immunodeficiency virus infection in a

hospital, a clinic, a sanitarium, the physical custody of the department of corrections and

rehabilitation, a regional or local correctional facility or juvenile detention center, the North

Dakota youth correctional center, or other private or public institution shall make a report on that

individual to the facility administrator or the facility administrator's designee. Further disclosure

of information on any individual known to have human immunodeficiency virus infection may

only be provided to medical personnel providing direct care to the individual or as otherwise

authorized by law. The designated official shall, if satisfied that the report is valid, make a report

to the department on each individual having a diagnosis of human immunodeficiency virus

infection, acquired immune deficiency syndrome, or human immunodeficiency virus-related

illness, including death from human immunodeficiency virus infection, unless the diagnosed

individual's attending physician has made such a report. The reports required under this section

must contain the name, date of birth, sex, and address of the individual reported on and the

name and address of the physician or designated official making the report. Failure by a facility

to designate an official to whom reports must be made is an infraction. Any person who in good

faith complies with this section is immune from civil and criminal liability for any action taken in

compliance with this section.
N.D. Cent. Code § 23-06.5-12 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-12
23-06.5-12. Immunity
Status: in_force

23-06.5-12. Immunity

1. A person acting as agent pursuant to a health care directive or person authorized to

provide informed consent pursuant to section 23-12-13 may not be subjected to

criminal or civil liability for making a health care decision in good faith pursuant to the

provisions of this chapter or section 23-12-13.

2. A health care or long-term care services provider, or any other person acting for the

provider or under the provider's control may not be subjected to civil or criminal liability,

or be deemed to have engaged in unprofessional conduct, for any act or intentional

failure to act done in good faith and with ordinary care if the act or intentional failure to

act is done pursuant to the dictates of a health care directive, the directives of the

patient's agent, or other provisions of this chapter or section 23-12-13.

3. A health care provider who administers health care necessary to keep the principal

alive, despite a health care decision of the agent to withhold or withdraw that health

care, or a health care provider who withholds health care that the provider has

determined to be contrary to reasonable medical standards, despite a health care

decision of the agent to provide the health care, may not be subjected to civil or

criminal liability or be deemed to have engaged in unprofessional conduct if that health

care provider promptly took all reasonable steps to:

a. Notify the agent of the health care provider's unwillingness to comply;

b. Document the notification in the principal's medical record; and

c. Arrange to transfer care of the principal to another health care provider willing to

comply with the decision of the agent.
N.D. Cent. Code § 23-41-01 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-01
23-41-01. Definitions
Status: in_force

23-41-01. Definitions

In this chapter unless the context or subject matter otherwise requires:

1. "Department" means the department of health and human services.

2. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department of human services.

3. "Human services" means:

a. A service or assistance provided to an individual or an individual's family in need

of services or assistance, including child welfare services, economic assistance

programs, medical service programs, and aging service programs, to assist the

individual or the individual's family in achieving and maintaining basic

self-sufficiency, including physical health, mental health, education, welfare, food

and nutrition, and housing.

b. A service or assistance provided, administered, or supervised by the department

in accordance with chapter 50-06.

c. Licensing duties as administered or supervised by the department or delegated

by the department of human services to a human service zone.
N.D. Cent. Code § 23-16-08.1 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-08.1
23-16-08.1. Access to pharmacist
Status: in_force

23-16-08.1. Access to pharmacist

Irrespective of the type of distribution system used, no person may refuse to allow a

resident of a nursing home, as defined in subsection 3 of section 43-34-01, to choose a

pharmacist of the resident's choice for the compounding and dispensing of drugs pursuant to
N.D. Cent. Code § 23-27.1-02 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-02
23-27.1-02. Definitions
Status: in_force

23-27.1-02. Definitions

In this chapter:

1. "Advanced emergency medical technician" means an individual licensed with cognitive

knowledge and a scope of practice that corresponds to that level in the national

emergency medical services education standards and national emergency medical

services scope of practice model.

2. "Adverse action" means any administrative, civil, equitable, or criminal action permitted

by law which may be imposed against licensed emergency medical services personnel

by a state emergency medical services authority or state court, including actions

against an individual's license such as revocation, suspension, probation, consent

agreement, monitoring, or other limitation or encumbrance on the individual's practice,

letters of reprimand or admonition, fines, criminal convictions, and state court

judgments enforcing adverse actions by the state emergency medical services

authority.

3. "Alternative program" means a voluntary, nondisciplinary substance abuse recovery

program approved by a state emergency medical services authority.

4. "Certification" means the successful verification of entry-level cognitive and

psychomotor competency using a reliable, validated, and legally defensible

examination.

5. "Commission" means the national administrative body of which all states that have

enacted the compact are members.

6. "Emergency medical technician" means an individual licensed with cognitive

knowledge and a scope of practice that corresponds to that level in the national

emergency medical services education standards and national emergency medical

services scope of practice model.

7. "Home state" means a member state where an individual is licensed to practice

emergency medical services.

8. "License" means the authorization by a state for an individual to practice as an

emergency medical technician, advanced emergency medical technician, paramedic,

or a level in between an emergency medical technician and paramedic.

9. "Medical director" means a physician licensed in a member state who is accountable

for the care delivered by emergency medical services personnel.

10. "Member state" means a state that has enacted this compact.

11. "Paramedic" means an individual licensed with cognitive knowledge and a scope of

practice that corresponds to that level in the national emergency medical services

education standards and national emergency medical services scope of practice

model.

12. "Privilege to practice" means an individual's authority to deliver emergency medical

services in remote states as authorized under this compact.

13. "Remote state" means a member state in which an individual is not licensed.

14. "Restricted" means the outcome of an adverse action that limits a license or the

privilege to practice.

15. "Rule" means a written statement by the interstate commission promulgated pursuant

to section 23-27.1-12 which is of general applicability; implements, interprets, or

prescribes a policy or provision of the compact; or is an organizational, procedural, or

practice requirement of the commission and has the force and effect of statutory law in

a member state and includes the amendment, repeal, or suspension of an existing

rule.

16. "Scope of practice" means defined parameters of various duties or services that may

be provided by an individual with specific credentials. Whether regulated by rule,

statute, or court decision, it tends to represent the limits of services an individual may

perform.

17. "Significant investigatory information" means:

a. Investigative information that a state emergency medical services authority, after

a preliminary inquiry that includes notification and an opportunity to respond if

required by state law, has reason to believe, if proved true, would result in the

imposition of an adverse action on a license or privilege to practice; or

b. Investigative information that indicates an individual represents an immediate

threat to public health and safety regardless of whether the individual has been

notified and had an opportunity to respond.

18. "State" means any state, commonwealth, district, or territory of the United States.

19. "State emergency medical services authority" means the board, office, or other agency

with the legislative mandate to license emergency medical services personnel.
N.D. Cent. Code § 23-06.6-12 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-12
23-06.6-12. Delivery of document of gift not required - Right to examine
Status: in_force

23-06.6-12. Delivery of document of gift not required - Right to examine

1. A document of gift need not be delivered during the donor's lifetime to be effective.

2. Upon or after an individual's death, a person in possession of a document of gift or a

refusal to make an anatomical gift with respect to the individual shall allow examination

and copying of the document of gift or refusal by a person authorized to make or

object to the making of an anatomical gift with respect to the individual or by a person

to which the gift could pass under section 23-06.6-10.
N.D. Cent. Code § 23-06-18 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-18
23-06-18. Dissection - Removal of body - Sale - Penalty
Status: in_force

23-06-18. Dissection - Removal of body - Sale - Penalty

Any person who receives a body for use under the provisions of section 23-06-14 and uses

the same for any other purpose, or who removes the same beyond the limits of this state, or

who buys or sells any such body, or traffics in the same, is guilty of a class B misdemeanor. It is

unlawful for an officer to refuse to deliver the remains or body of any deceased person, when

demanded under the provisions of section 23-06-14.
N.D. Cent. Code § 23-15.1-03 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-03
23-15.1-03. Model rocket standards
Status: in_force

23-15.1-03. Model rocket standards

Model rocket design and construction standards must comply with the following:

1. The model rocket engine must be a commercially manufactured propellant device and

may not contain more than two and two-tenths ounces [62.37 grams] of propelling

charge and must produce less than eighty newton-seconds of total impulse with a

thrust duration of not less than one-half second.

2. When more than one rocket engine is used, the total propelling charge may not

exceed four and five-tenths ounces [127.57 grams].

3. The model rocket engine used must display on the casing:

a. Total propulsive power category.

b. Time delay.

c. Average thrust in newtons.

4. The rocket must be constructed of paper, plastic, rubber, or wood, except that minor

components such as screw eyes and motor mounts may be of light gauge metal

material.

5. The rocket must include within its construction an effective means for returning the

rocket safely to the ground without causing injury to persons or property.

6. The entire weight of the finished rocket with any payload may not exceed one and

one-tenths pounds [498.95 grams].

7. The model rocket may not contain any type of explosive or pyrotechnic warhead.
N.D. Cent. Code § 23-06-01.2 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-01.2
23-06-01.2. Application of other laws
Status: in_force

23-06-01.2. Application of other laws

Sections 23-06-03, 23-06-04, 23-06-05, 23-06-06, 23-06-07, 23-06-08, 23-06-09, 23-06-10,

23-06-11, 23-06-12, 23-06-16, 23-06-17, and 23-06-19 do not apply to any body or parts thereof

disposed of after death pursuant to the authorization for disposal of a body or parts thereof

provided in and for the purposes of chapter 23-06.6.
N.D. Cent. Code § 23-12-11 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-11
23-12-11. Penalty
Status: in_force

23-12-11. Penalty

1. An individual who smokes in an area in which smoking is prohibited under section

23-12-10 is guilty of an infraction punishable by a fine not exceeding fifty dollars.

2. Except as otherwise provided in subsection 5 of section 23-12-10, an owner or other

person with general supervisory responsibility over a public place or place of

employment who willfully fails to comply with section 23-12-10 is guilty of an infraction,

subject to a fine not to exceed one hundred dollars for the first violation, to a fine not to

exceed two hundred dollars for a second violation within one year, and a fine not to

exceed five hundred dollars for each additional violation within one year of the

preceding violation.

3. In addition to the fines established by this section, violation of this Act by a person who

owns, manages, operates, or otherwise controls a public place or place of employment

may result in the suspension or revocation of any permit or license issued to the

person for the premises on which the violation occurred.

4. Violations of this Act are declared to be a public nuisance that may be abated by

restraining order, preliminary or permanent injuntion, or other means provided by law.

5. Each day on which a violation of this Act occurs shall be considered a separate and

distinct violation.
N.D. Cent. Code § 23-10.1-04 — ND Code / Title 23 / Chapter 23-10.1 / Section 23-10.1-04
23-10.1-04. Termination of receivership
Status: in_force

23-10.1-04. Termination of receivership

The receivership terminates when:

1. The receiver and the court certify the conditions that prompted the receivership are

corrected;

2. The license to operate the mobile home park is restored;

3. A new license to operate a mobile home park is issued; or

4. The owner of the mobile home park discontinues operation and the residents of the

mobile home park have secured other appropriate housing.
N.D. Cent. Code § 23-01.2-04 — ND Code / Title 23 / Chapter 23-01.2 / Section 23-01.2-04
23-01.2-04. Medical director
Status: in_force

23-01.2-04. Medical director

The commissioner of the department of health and human services or designee shall

appoint an emergency medical services and trauma medical director to provide medical

oversight and consultation in the development and administration of the state emergency

medical services and trauma systems. The medical director must be a physician licensed in the

state and must be contracted and paid by the department of health and human services.
N.D. Cent. Code § 23-12-01 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-01
23-12-01. Disinfection of secondhand goods
Status: repealed

23-12-01. Disinfection of secondhand goods

Repealed by S.L. 1975, ch. 225, § 1.
N.D. Cent. Code § 23-35.1-03 — ND Code / Title 23 / Chapter 23-35.1 / Section 23-35.1-03
23-35.1-03. Regional public health network - Annual plan
Status: in_force

23-35.1-03. Regional public health network - Annual plan

A regional public health network shall prepare an annual plan regarding the provision of the

core public health activities and shall submit the plan to the department for approval.
N.D. Cent. Code § 23-17.3-05 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-05
23-17.3-05. Standards of licensure
Status: in_force

23-17.3-05. Standards of licensure

1. Minimum standards which a home health agency must meet for licensure are:

a. The agency shall provide skilled nursing and at least one other therapeutic

service, such as physical therapy, occupational therapy, speech therapy, medical

social services, or home health aide services, on a regular basis.

b. The agency shall maintain personnel folders on all agency employees, which

indicate that qualified personnel are available to render designated services.

When hospital or long-term care personnel are utilized by the hospital or

long-term care facility to treat agency patients during the normal working hours,

the hospital's or facility's personnel folder meets this requirement for that facility's

employees. Home health agencies that contract for staff to provide services shall

maintain a current written agreement with personnel serving under that contract

in the personnel folders maintained under this subsection.

c. The agency shall maintain plans of treatment, clinical notes, and other means to

verify that services are actually provided and not merely listed as being offered.

d. The agency shall maintain full information in its files relating to ownership of the

agency. If the agency is incorporated for profit, the files must contain names and

addresses of the corporate officers and of each person having ten percent or

greater interest in the ownership of the agency.

e. The agency shall have a supervising physician or a supervising registered

professional nurse who is responsible for the direction, coordination, and general

supervision of the therapeutic services provided by the agency and who is

employed on a full-time basis. There must be supervision from a physician or

registered professional nurse during all hours of operation.

f. If services are to be provided by arrangement with other agencies or

organizations, the home health agency shall ensure that the other agencies or

organizations furnish qualified and trained personnel.

g. If services are provided under written contracts between a home health agency

and other agencies or other organizations, the home health agency shall have

documentation which verifies that communications between the contractor and

the staff of the agency are frequent, and that the home health agency has all

information necessary to assure that the administrative responsibility for the care

of patients rests with the home health agency.

h. The agency shall maintain clinical records on all patients to serve as

documentation of the medical, nursing, and therapeutic care rendered to the

patient and for communication between the physician or allowed practitioner and

the agency.

i. The agency shall ensure that home health aides are properly trained and function

under adequate supervision.

2. All phases of an agency's operation must be without discrimination against individuals

or groups of individuals on the basis of race, creed, color, national origin, sex, or age.
N.D. Cent. Code § 23-02.1-28 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-28
23-02.1-28. Copies of data from vital records
Status: in_force

23-02.1-28. Copies of data from vital records

In accordance with section 23-02.1-27 and the regulations adopted pursuant thereto:

1. The state registrar shall, upon request of a person entitled to a copy under section

23-02.1-27, issue a certified copy of any record or part of a record in the registrar's

custody. Each copy issued must show the date of registration; and copies issued from

records marked "delayed", "amended", or "court order" must be similarly marked and

show the effective date of filing.

2. A certified copy of a record or any part of the record issued in accordance with

subsection 1 must be considered evidence of the facts stated in the record, provided

that the evidentiary value of a record filed more than one year after the event, or a

record which has been amended, must be determined by the judicial or administrative

body or official before whom the record is offered as evidence.

3. Data or copies may be furnished for statistical purposes to federal, state, local, or

other public or private agencies, including the federal agency responsible for national

vital statistics, upon such terms and conditions as may be prescribed by the

department of health and human services through rules and regulations adopted

pursuant to this chapter.

4. No person may prepare or issue any certificate or record which purports to be an

original, certified copy, or copy of a certificate or record of birth, death, or fetal death,

except as provided in this chapter, or regulations adopted under this chapter.

5. A certified copy may not disclose an individual's social security number unless the

copy is being provided to the individual to whom it pertains, a relative or authorized

representative, or by order of a court of competent jurisdiction.
N.D. Cent. Code § 23-17-07 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-07
23-17-07. Standards established
Status: in_force

23-17-07. Standards established

The state chiropractic board of examiners has the power to establish standards under this

chapter which it finds necessary and in public interests and, in like manner, it may rescind,

amend, or modify such regulations from time to time as may be in the public interests, insofar as

such action is not in conflict with any of the provisions of this chapter.
N.D. Cent. Code § 23-07-06 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-06
23-07-06. Contagious or infectious diseases - Power of local board of health to quarantine
Status: in_force

23-07-06. Contagious or infectious diseases - Power of local board of health to

quarantine.

Whenever a local board of health knows that a case of a contagious or infectious disease

exists within its jurisdiction, the board immediately shall examine the facts of the case and may

adopt such quarantine and sanitary measures as in its judgment tend to prevent the spread of

such disease. The board immediately may cause any person infected with such disease to be

removed to a separate house if, in the opinion of the health officer, such person can be removed

without danger to that person's health. If the infected person cannot be removed without danger

to that person's health, the local board shall make such quarantine regulations as it deems

proper with reference to the house within which such infected person is, and may cause the

persons in the neighborhood to be removed, and may take such other measures as it deems

necessary for the safety of the inhabitants within its jurisdiction. Quarantine measures adopted

under this section must be in compliance with chapter 23-07.6.
N.D. Cent. Code § 23-35-06 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-06
23-35-06. Health districts - Dissolution - Withdrawal
Status: in_force

23-35-06. Health districts - Dissolution - Withdrawal

1. Except for a tribal health district, if a health district has been in operation for two years,

the district may be dissolved as provided for under this section. If a petition is filed with

the county auditor of each county of a health district which is signed by qualified

electors of that county equal to ten percent or more of the votes cast in that county at

the last general election, an election on the question of dissolution must be presented

to the qualified electors in each county in the district at the next election held in each

county in the district. If a majority of the votes cast on the question in a majority of the

counties favor dissolution, the health district is dissolved on the second January first

following the election. If a majority of the votes cast on the question in a majority of the

counties are against dissolution, no other election on this issue may be held for two

years.

2. If a health district has been in operation for two years, any county may withdraw from

the district as provided under this section. If a petition is filed with the withdrawing

county's auditor which is signed by qualified electors of the county equal to ten percent

or more of the votes cast in that county at the last general election, an election on the

question of withdrawal must be presented to the qualified electors in the county at the

next election in the county. If a majority of the votes cast on the question favor

withdrawing from the district, the county is withdrawn from the district on the second

January first following the election. If a majority of the votes cast on the question are

against withdrawal, no other election on this issue may be held for two years.

3. A tribal health district may be dissolved by the tribal council or governing body at any

time.
N.D. Cent. Code § 23-09.2-02 — ND Code / Title 23 / Chapter 23-09.2 / Section 23-09.2-02
23-09.2-02. Rules
Status: in_force

23-09.2-02. Rules

The department may adopt rules regarding education of food preparers.
N.D. Cent. Code § 23-13-03.4 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-03.4
23-13-03.4. Exemption
Status: in_force

23-13-03.4. Exemption

Contractors engaged in construction projects for the building, replacement, or repair of

roads, streets, alleys, or parking lots are exempt from the provisions of sections 23-13-03.1

through 23-13-03.5.
N.D. Cent. Code § 23-02.1-26 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-26
23-02.1-26. Reproduction of records
Status: in_force

23-02.1-26. Reproduction of records

To preserve original documents, the state registrar is authorized to prepare typewritten,

photographic, electronic, or other reproductions of original records and files in the state

registrar's office. These reproductions when certified by the state registrar must be accepted as

the original record.
N.D. Cent. Code § 23-11-30 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-30
23-11-30. Reports
Status: in_force

23-11-30. Reports

At least once every year, an authority shall file with the city auditor or county auditor, as the

case may be, a report of its activities for the preceding year and shall make recommendations

with reference to such additional legislation or other action as it deems necessary in order to

carry out the purposes of this chapter.
N.D. Cent. Code § 23-12-16 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-16
23-12-16. Right to breastfeed
Status: in_force

23-12-16. Right to breastfeed

A woman may breastfeed her child in any location, public or private, where the woman and

child are otherwise authorized to be.
N.D. Cent. Code § 23-15.1-05 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-05
23-15.1-05. Storage and sale
Status: in_force

23-15.1-05. Storage and sale

1. No model rocket engines may be stored, sold, or offered for sale at retail unless such

model rocket engine has been classified into one of the standardized engine codes

listed in the chart in this section and unless such code is marked upon the model

rocket engine.

2. No model rocket engine will be sold, given, or delivered to any person under ten years

of age. Model rocket engines bearing the standardized engine coding 1/4A, 1/2A, A, B,

C, or D may be purchased by any persons who are ten years of age or older. Model

rocket engines bearing the standardized engine coding E or F may be purchased only

by persons who are fourteen years of age or over.
N.D. Cent. Code § 23-01-09 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-09
23-01-09. Duties of director of consolidated laboratories branch
Status: repealed

23-01-09. Duties of director of consolidated laboratories branch

Repealed by S.L. 1993, ch. 218, § 10.
N.D. Cent. Code § 23-01.2-01 — ND Code / Title 23 / Chapter 23-01.2 / Section 23-01.2-01
23-01.2-01. Trauma system established
Status: in_force

23-01.2-01. Trauma system established

The department of health and human services may establish and maintain a comprehensive

trauma system for the state. The trauma system may include standards for the following

components:

1. A system plan.

2. Prehospital emergency medical services.

3. Hospitals, for which the standards must include:

a. Standards for designation, redesignation, and dedesignation of trauma centers.

b. Standards for evaluation and quality improvement programs for designated

trauma centers. The standards must require each trauma center to collect quality

improvement data and to provide specified portions to the department for use in

state and regional trauma quality improvement programs.

c. Qualifications for trauma center personnel.

4. A trauma registry. Data in the trauma registry is not subject to subpoena or discovery

or introduction into evidence in any civil action. Designated trauma centers must

participate in the trauma registry. A hospital not designated as a trauma center must

provide to the registry a minimum set of data elements for all trauma patients.

5. A trauma quality improvement program to monitor the performance of the trauma

system. The proceedings and records of the program are not subject to subpoena or

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 § 23-28-02 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-02
23-28-02. Identifying devices for persons having certain conditions
Status: in_force

23-28-02. Identifying devices for persons having certain conditions

1. A person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of

illness that causes temporary blackouts, semiconscious periods, or complete

unconsciousness, or who suffers from a condition requiring specific medication or

medical treatment, is allergic to certain medications or items used in medical

treatment, wears contact lenses, or is unable to communicate coherently or effectively

in the English language, is authorized and encouraged to wear an identifying device.

2. Any person may carry an identification card bearing that person's name, type of

medical condition, physician's name, and other medical information.

3. By wearing an identifying device a person gives that person's consent for any law

enforcement officer or medical practitioner who finds that person in a disabled

condition to make a reasonable search of that person's clothing or other effects for an

identification card of the type described in subsection 2.
N.D. Cent. Code § 23-24-06 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-06
23-24-06. Oath of office - Organization of board of commissioners - Appointment of employees - Meetings
Status: in_force

23-24-06. Oath of office - Organization of board of commissioners - Appointment of

employees - Meetings.

Upon receiving notice of appointment as a member of the board of commissioners of a

vector control district, such appointee shall take the oath of office prescribed for civil officers.

Such oath must be filed with the secretary of the board after organization thereof as herein

provided. Notice of the appointment of a member or members of a board of commissioners

must be mailed to the governing body of the county, city, or township included within said

district. Such notice must state the name and post-office address of each appointee and the

date of the appointment and must request approval of the same. The commissioners appointed

after their approval shall meet to organize at a time and place designated by the department

and shall organize by selecting a chairman of the board and naming a temporary secretary

pending appointment of a permanent secretary. A majority of the commissioners constitutes a

quorum for the transaction of business as may come before the board but any number may

adjourn a meeting for want of a quorum. The board shall appoint a secretary and treasurer and

such other employees as may be deemed needed for efficient conduct of the district's business

and shall fix their compensation. The office of secretary and treasurer may be held by the same

person. Officers and employees shall hold office during the pleasure of the board. The board

shall provide an office suitable for its use as a meeting place and for conducting the affairs of

the district. It shall adopt such rules or regulations for transacting the business of the district as it

may deem necessary, including the time and place of holding regular meetings of the board.

Special meetings may be called by the secretary on order of the chairman of the board or on

written request of two members of the board. Notice of the special meeting must be mailed to

each member of the board at least five days before any such meeting, provided that a special

meeting may be held whenever all members of the board are present or consent thereto in

writing.
N.D. Cent. Code § 23-35-02 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-02
23-35-02. Public health units - Core functions
Status: in_force

23-35-02. Public health units - Core functions

1. All land in the state must be in a public health unit.

2. At a minimum, a public health unit shall provide the following core functions:

a. Communicable disease control, which must include:

(1) Conducting of disease surveillance for the purpose of preventing and

controlling communicable disease, with assistance from the department.

(2) Assurance of the availability of community-based programs to provide

communicable disease prevention and control services.

(3) Recognition, identification, and response to a communicable disease event,

in collaboration with the department.

b. Chronic disease and injury prevention, which must include conducting programs

to reduce the burden of chronic disease and injury through policy, system, and

environmental change approach; prevention screening; and education.

c. Environmental public health, which must include:

(1) Prevention of environmental hazards by the provision of information and

education to facility operators and managers and to community members.

(2) Assurance of the availability of environmental health services to prevent and

respond to community and residential environmental hazards.

(3) Permitting and inspections of onsite wastewater treatment systems in

accordance with chapter 23.1-07.1. A public health unit shall conduct a

required in-person or virtual inspection of an onsite wastewater system

within one business day of receiving the request for the inspection. A public

health unit may enter a cooperative agreement with a county or city for the

permitting and inspection of onsite wastewater treatment systems within the

boundaries of the county or city. A cooperative agreement may be

terminated as provided in the agreement, by joint action of all parties, or by

an individual party no less than one year after providing written notice to the

other party.

d. Maternal, child, and family health, which must include:

(1) Assessment and monitoring of maternal and child health status to identify

and address problems.

(2) Implementation of programs to promote the health of women, children, and

youth, and their families, through policy, system, and environmental change

approaches; prevention screenings; and education.

e. Access to clinical care, which must include:

(1) Collaboration with health care system partners to foster access to clinical

care.

(2) Facilitation of linkages and referrals for appropriate clinical care, services,

and resources.
N.D. Cent. Code § 23-01-05.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-05.1
23-01-05.1. Organ or tissue transplant assistance administration - Standing appropriation
Status: in_force

23-01-05.1. Organ or tissue transplant assistance administration - Standing

appropriation.

The department of health and human services shall select a private nonprofit patient-

oriented organization incorporated in this state for the purpose of administering financial

assistance to organ or tissue transplant patients who are residents of this state. The department

of health and human services shall adopt rules governing administration of this section. The

organization selected shall administer and provide grants from available funds to alleviate

demonstrated financial needs of transplant patients for any costs associated with transplant

operations, under guidelines based on current social service eligibility requirements. There is

hereby created as a special fund in the state treasury an organ transplant support fund, the

principal and income of which is hereby appropriated to the organization selected under this

section. The organization administering the fund may solicit contributions from private or

governmental sources and such contributions may be deposited in the fund.
N.D. Cent. Code § 23-39-02 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-02
23-39-02. Permit - Fee
Status: in_force

23-39-02. Permit - Fee

1. A person may not operate a tanning facility without a permit issued by the department

under this chapter. The holder of a permit shall display the permit in a conspicuous

place at the tanning facility for which the permit is issued. Permits issued under this

chapter expire annually. An applicant for a permit shall submit an application for a

permit to the department, on a form provided by the department, with a permit fee

established by the department. The application must include the name and complete

mailing address and street address of the tanning facility and any other information

reasonably required by the department for the administration of this section.

2. The permit fee established by the department must be based on the cost of conducting

routine and complaint inspections and enforcement actions and the cost of preparing

and sending license renewals. Any fee 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. The department shall

waive all or a portion of the permit fee for any tanning facility that is subject to local

jurisdiction.

3. The department shall accept city or county enforcement of this chapter if the

department determines the city or county requirements meet or exceed the

requirements of this chapter and any rules adopted under this chapter.
N.D. Cent. Code § 23-07.2-02 — ND Code / Title 23 / Chapter 23-07.2 / Section 23-07.2-02
23-07.2-02. Blood disorder assistance program
Status: in_force

23-07.2-02. Blood disorder assistance program

The department of health and human services shall establish a program of financial

assistance to persons suffering from hemophilia and other related congenital bleeding

disorders. The program shall assist those persons to purchase the blood derivatives and

supplies necessary for home care.
N.D. Cent. Code § 23-01.1-03 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-03
23-01.1-03. Publication of a directory of licensed physicians
Status: repealed

23-01.1-03. Publication of a directory of licensed physicians

Repealed by S.L. 1991, ch. 262, § 4.
N.D. Cent. Code § 23-09.4-04 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-04
23-09.4-04. Method of providing service
Status: in_force

23-09.4-04. Method of providing service

A residential care facility for children with autism spectrum disorder must be specifically

designed, arranged, and staffed to provide twenty-four hour assistance with activities of daily

living in a homelike environment in response to the individual needs of the residents. A

residential care facility for children with autism spectrum disorder must provide or make

arrangements for diagnostic and treatment services, behavioral management, and educational

services to enable residents to attain or maintain their highest practicable level of functioning.
N.D. Cent. Code § 23-12-10.3 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-10.3
23-12-10.3. Exceptions - Medical necessity
Status: repealed

23-12-10.3. Exceptions - Medical necessity

Repealed by I.M. approved November 6, 2012, S.L. 2013, ch. 510, § 7.
N.D. Cent. Code § 23-34-01 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-01
23-34-01. Definitions
Status: in_force

23-34-01. Definitions

As used in this chapter:

1. "Health care organization" means:

a. A hospital;

b. A hospital medical staff;

c. A clinic;

d. A long-term or extended care facility;

e. An ambulatory surgery center;

f. An emergency medical services unit;

g. A physician;

h. A group of physicians operating a clinic or outpatient care facility;

i. A pharmacist;

j. A pharmacy;

k. An association or organization, whether domestic or foreign, of medical

institutions or medical professionals;

l. A nonprofit corporation, whether domestic or foreign, that owns, operates, or is

established by any entity set forth in subdivisions a through i;

m. Any combination of entities set forth in subdivisions a through j;

n. Any federally designated state peer review organization; or

o. Any state designated multi-disciplinary peer review entity designated to evaluate

controlled substance practices in a referred case.

2. "Health care provider" means a physician or other individual licensed, certified, or

otherwise authorized by the law of this state to provide health care services.

3. "Peer review organization" means:

a. A health care organization; or

b. A committee of a health care organization which:

(1) Is composed of health care providers, employees, administrators,

consultants, agents, or members of the health care organization's governing

body; and

(2) Conducts professional peer review.

4. a. "Peer review records" means:

(1) Data, information, reports, documents, findings, compilations and

summaries, testimony, and any other records generated by, acquired by, or

given to a peer review organization as a part of any professional peer

review, regardless of when the record was created; and

(2) Communications relating to a professional peer review, whether written or

oral, between:

(a) Peer review organization members;

(b) Peer review organization members and the peer review organization's

staff; or

(c) Peer review organization members and other individuals participating

in a professional peer review, including the individual who is the

subject of the professional peer review.

b. The term does not include original patient source documents.

5. "Professional peer review" means all procedures a peer review organization uses or

functions it performs to monitor, evaluate, and take action to review the medical care

provided to patients by health care organizations or health care providers and includes

procedures or functions to:

a. Evaluate and improve the quality of health care;

b. Obtain and disseminate data and statistics relative to the treatment and

prevention of disease, illness, or injury;

c. Develop and establish guidelines for medical care and the costs of medical care;

d. Provide to other affiliated or nonaffiliated peer review organizations information

that is originally generated within the peer review organization for the purposes of

professional peer review;

e. Identify or analyze trends in medical error, using among other things a

standardized incident reporting system; and

f. Provide quality assurance.
N.D. Cent. Code § 23-21.1-13 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-13
23-21.1-13. Effect on existing cemetery organizations - Enforcement
Status: in_force

23-21.1-13. Effect on existing cemetery organizations - Enforcement

The provisions of this chapter in no way affect existing statutes relating to the

administration, regulation, or registration of all cemetery organizations. It is the duty of the

state's attorney or the attorney general to enforce the provisions of this chapter.
N.D. Cent. Code § 23-13-02.2 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.2
23-13-02.2. Operation of self-service motor fuel dispensing unit
Status: in_force

23-13-02.2. Operation of self-service motor fuel dispensing unit

It is lawful for any person to own, operate, or engage in the business of operating

self-service motor fuel dispensing units or self-service motor fuel dispensing facilities in this

state, provided such operation is in accordance with the provisions of sections 23-13-02.1

through 23-13-02.7.
N.D. Cent. Code § 23-09-19 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-19
23-09-19. State's attorney to prosecute violation
Status: in_force

23-09-19. State's attorney to prosecute violation

The state's attorney of any county of this state, upon complaint on oath of an inspector of

the department, shall prosecute in the name of the state of North Dakota a proper proceeding

against any person violating any provision of this chapter.
N.D. Cent. Code § 23-01-27 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-27
23-01-27. Donated dental services program
Status: in_force

23-01-27. Donated dental services program

The department of health and human services shall contract with the North Dakota dental

association, or other appropriate and qualified organizations, to develop and administer a

donated dental services program through which volunteer dentists provide comprehensive

dental care for needy, disabled, aged, or medically compromised individuals. The volunteers will

treat individuals through the program and, with the exception of certain dental laboratory costs,

will fully donate their services and supplies. The contract must specify the responsibilities of the

administering organization and include:

1. Establishment of a network of volunteer dentists, including dental specialists, volunteer

dental laboratories, and other appropriate volunteer professionals to donate dental

services to eligible individuals;

2. Establishment of a system to refer eligible individuals to appropriate volunteers;

3. Development and implementation of a public awareness campaign to educate eligible

individuals about the availability of the program;

4. Provision of appropriate administrative and technical support to the program; and

5. Submission of an annual report to the department of health and human services that:

a. Accounts for all program funds;

b. Reports the number of individuals served by the program and the number of

dentists and dental laboratories participating as providers in the program;

c. Includes any other information required by the department of health and human

services; and

d. Performs, as required by the department of health and human services, any other

duty relating to the program.
N.D. Cent. Code § 23-01-17 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-17
23-01-17. Noise harmful to health and safety - Power to regulate - Hearings - Appeal - Penalty - Injunction
Status: repealed

23-01-17. Noise harmful to health and safety - Power to regulate - Hearings - Appeal -

Penalty - Injunction.

Repealed by S.L. 1991, ch. 264, § 1.
N.D. Cent. Code § 23-06-01 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-01
23-06-01. Right to dispose of one's own body
Status: repealed

23-06-01. Right to dispose of one's own body

Repealed by S.L. 1969, ch. 255, § 12.
N.D. Cent. Code § 23-21.1-10 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-10
23-21.1-10. Continuing penalties
Status: in_force

23-21.1-10. Continuing penalties

Each day any person, firm, corporation, or limited liability company violates any provision of

this chapter, except the commission of any act declared unlawful in section 23-21.1-08, must be

deemed to be a separate and distinct offense.
N.D. Cent. Code § 23-17.7-02 — ND Code / Title 23 / Chapter 23-17.7 / Section 23-17.7-02
23-17.7-02. License required
Status: in_force

23-17.7-02. License required

A person may not conduct, maintain, or operate a residential end-of-life facility in this state

without a license issued by the department under this chapter. A licensed residential end-of-life

facility is not a hospital, skilled nursing home, intermediate care facility, nursing facility, assisted

living facility, home health agency, or hospice program.
N.D. Cent. Code § 23-13-08 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-08
23-13-08. Failure of owner to protect mine or well - Duty of overseer
Status: in_force

23-13-08. Failure of owner to protect mine or well - Duty of overseer

If any individual, firm, corporation, or limited liability company owning or occupying lands

neglects or refuses to comply with the provisions of section 23-13-06, the overseer of highways

of the district in which the land is located shall serve a written notice on such owner or occupant,

and if the owner or occupant neglects or refuses to comply with the provisions of such section,

the overseer, within thirty days after having given such notice, shall cause such wells or mines

to be filled or covered. The owner of such land is liable to the township for the cost of such work

and the material furnished and the necessary expense incurred in collecting the same. If the

owner refuses to pay such cost and expense, the board of township supervisors shall take

proper proceedings to obtain judgment against the owner or occupant for the amount expended

in filling or covering the same and all costs which may have accrued in obtaining judgment

therefor.
N.D. Cent. Code § 23-01.1-02.1 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-02.1
23-01.1-02.1. Publication of comparative physician fee information
Status: repealed

23-01.1-02.1. Publication of comparative physician fee information

Repealed by S.L. 2013, ch. 207, § 5.
N.D. Cent. Code § 23-01-31 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-31
23-01-31. North Dakota health information technology steering committee
Status: repealed

23-01-31. North Dakota health information technology steering committee

Repealed by S.L. 2009, ch. 519, § 6.
N.D. Cent. Code § 23-02.1-12 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-12
23-02.1-12. Date of registration
Status: in_force

23-02.1-12. Date of registration

Each record, report, and other information required to be filed under this chapter must have

entered upon its face the date of registration duly attested.
N.D. Cent. Code § 23-01-07.3 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-07.3
23-01-07.3. Surge staffing
Status: in_force

23-01-07.3. Surge staffing

The department of health and human services may employ staff to deploy to local hospitals,

basic care facilities, long-term care facilities, and other health care settings to cover staff

shortages. The hospital or facility must be responsible for insuring the staff members while the

staff work at the hospital or facility. For indemnification and liability purposes, the staff member

must be considered an employee of the hospital or facility during deployment at the hospital or

facility. The department of health and human services may adopt rules to effectuate this section.
N.D. Cent. Code § 23-09.4-01 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-01
23-09.4-01. Definitions
Status: in_force

23-09.4-01. Definitions

In this chapter unless the context otherwise requires:

1. "Autism spectrum disorder" means a brain disorder that may prevent understanding of

what a person sees, hears, or otherwise senses and is conceptualized as a behavioral

syndrome with multiple biological manifestations.

2. "Department" means the department of health and human services.

3. "Residential care facility for children with autism spectrum disorder" means a living

facility providing twenty-four-hour assistance for five or more children not related by

blood or marriage to the operator through a multidisciplinary approach including a

medical diagnosis of autism spectrum disorder.

4. "Residential care giver" means an individual who routinely provides assistance with

activities of daily living or direct care services in implementing the treatment plan,

behavior management, or education to residents in a residential care facility for

children with autism spectrum disorder.
N.D. Cent. Code § 23-17-10 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-10
23-17-10. Violations - Penalties
Status: in_force

23-17-10. Violations - Penalties

Any person establishing, conducting, managing, or operating any chiropractic hospital or

sanatorium within the meaning of this chapter, without first obtaining a license therefor as herein

provided, or who violates any provision of this chapter or regulation thereunder, is guilty of an

infraction.
N.D. Cent. Code § 23-06.6-05 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-05
23-06.6-05. Amending or revoking anatomical gift before donor's death
Status: in_force

23-06.6-05. Amending or revoking anatomical gift before donor's death

1. Subject to section 23-06.6-07, a donor or other person authorized to make an

anatomical gift under section 23-06.6-03 may amend or revoke an anatomical gift by:

a. A record signed by:

(1) The donor;

(2) The other person; or

(3) Subject to subsection 2, another individual acting at the direction of the

donor or the other person if the donor or other person is physically unable to

sign; or

b. A later-executed document of gift that amends or revokes a previous anatomical

gift or portion of an anatomical gift, either expressly or by inconsistency.

2. A record signed pursuant to paragraph 3 of subdivision a of subsection 1 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. Subject to section 23-06.6-07, a donor or other person authorized to make an

anatomical gift under section 23-06.6-03 may revoke an anatomical gift by the

destruction or cancellation of the document of gift, or the portion of the document of

gift used to make the gift, with the intent to revoke the gift.

4. A donor may amend or revoke an anatomical gift that was not made in a will by any

form of communication during a terminal illness or injury addressed to at least two

adults, at least one of whom is a disinterested witness.

5. A donor who makes an anatomical gift in a will may amend or revoke the gift in the

manner provided for amendment or revocation of wills or as provided in subsection 1.
N.D. Cent. Code § 23-11-07 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-07
23-11-07. Powers of commissioners of authority
Status: in_force

23-11-07. Powers of commissioners of authority

The powers of each authority must be vested in the commissioners of the authority. The

authority may delegate to one or more of its agents or employees such powers and duties as it

deems proper.
N.D. Cent. Code § 23-24-03 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-03
23-24-03. Area to be included within district - How determined
Status: in_force

23-24-03. Area to be included within district - How determined

The area or areas to be included in the district must contain the territory described in the

petition for the creation or modification thereof. However, the council, upon its own motion or

upon the request of the board of commissioners, shall consider and may include within the

boundaries of the district areas which may be benefited by being included therein. Upon a

request by the board of commissioners to expand an existing district, the council shall hold a

hearing and investigation and file any order expanding a district in a manner similar to that

provided in sections 23-24-02 and 23-24-04.
N.D. Cent. Code § 23-36-03 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-03
23-36-03. Enforcement authority
Status: in_force

23-36-03. Enforcement authority

1. The department, or an agency acting on the department's behalf, may seize and

euthanize, impound at the owner's expense, or quarantine any animal if the state

health officer, or the state health officer's designee, has probable cause to believe the

animal presents clinical signs of rabies.

2. The department, or an agency acting on the department's behalf, may promptly seize

and euthanize, impound at the owner's expense, or quarantine any wild animal if the

state health officer, or the state health officer's designee, determines the animal is a

threat to human life or safety due to the possible exposure of another animal or an

individual to rabies.

3. For domestic animals, the department may seize and quarantine or confine and

observe an animal if the animal has bitten or otherwise exposed an individual or has

been bitten or otherwise exposed to rabies or suspect rabies and the owner is

unwilling or unable to comply with the department's recommendations. The

department may seize and euthanize an animal if the animal has bitten or otherwise

exposed an individual and is exhibiting signs of rabies, as diagnosed by a veterinarian.

The department may seize, euthanize, or quarantine an animal if the animal was

exposed to rabies or suspect rabies and never has been vaccinated against rabies

and the owner is unwilling or unable to comply with the department's

recommendations.

4. If an animal had died or is killed and there is a possible exposure of another animal or

an individual to rabies, then at the request of the state health officer, or the state health

officer's designee, the animal's brain must be tested for rabies by the department or by

the North Dakota veterinary diagnostic laboratory. The department may seek a

diagnosis of rabies for farm animals, domestic animals, and wildlife that are suspected

of having rabies and report findings as appropriate.

5. If an animal that has bitten or otherwise exposed an individual or another animal is not

seized for testing, a law enforcement officer with jurisdiction over the place where the

animal is located may determine whether to impound or quarantine the animal under

subsection 2 and which method of confinement to use.

6. A licensed veterinarian shall examine, at the owner's expense, a confined animal, at

the request of the department, a local public health unit, or a law enforcement officer

with jurisdiction over the place where the animal is located.
N.D. Cent. Code § 23-01-24 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-24
23-01-24. Health care cost and quality review program - Penalty
Status: in_force

23-01-24. Health care cost and quality review program - Penalty

The department of health and human services shall conduct a continuous program to

review and improve the quality of health care in the state. The department may contract with a

qualified person or organization to develop and implement the program. The department shall

use the program to compile relevant information about the quality of health care in this state

which will allow the department to evaluate the cost, quality, and outcomes of health care. The

department shall establish and consult a provider advisory committee composed of health care

providers regarding the data that is a cost-effective process for collecting and evaluating the

information. The department may assess against a provider a penalty of one hundred dollars

per day for each day the provider willfully refuses to provide the department with information

requested for use with the program, but the penalty may not exceed one thousand dollars for

each request. A provider against whom a fee is assessed may appeal that assessment to the

department. If the provider fails to pay the penalty, the department may, in the county where the

provider's principal place of business is located, initiate a civil action against the provider to

collect the penalty. As used in this section, "provider" means a person who is licensed, certified,

or otherwise authorized by the law of this state to administer health care in the ordinary course

of business or professional practice. The department shall ensure that patient privacy is

protected throughout the compilation and use of the information. The department shall evaluate

data management capabilities in the state and shall organize its capabilities to provide

information about the cost of care on an individual provider basis as well as a collective basis.
N.D. Cent. Code § 23-15-04 — ND Code / Title 23 / Chapter 23-15 / Section 23-15-04
23-15-04. Exceptions
Status: in_force

23-15-04. Exceptions

1. This chapter does not prohibit:

a. A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that

are not prohibited.

b. The sale of any kind of fireworks for shipment directly out of the state.

c. The use of fireworks by transportation agencies for signal purposes or

illumination.

d. The sale or use of blank cartridges for a show or theater, for signal or ceremonial

purposes in athletics or sports, or for use by military organizations.

2. An application for a license as distributor must be made to the state fire marshal on

forms prescribed by the state fire marshal. An application for a license as a retailer

must be made to the county sheriff on forms prescribed by the state fire marshal. Each

application must be accompanied by the required fee, which must be two hundred fifty

dollars for a distributor's license and twenty dollars for a retailer's license. Fees for

distributors' licenses must be deposited in the insurance regulatory trust fund in the

state treasury and fees for retailers' licenses must be deposited in the county general

fund. The license is valid only for the calendar year in which issued and must at all

times be displayed at the place of business of the licensee. The licenses are in

addition to any other license required by law or municipal ordinance. The licensing

provisions of this section do not apply to a retailer who is required to become licensed

by any municipality. Any license fee levied by a municipality must be deposited in the

municipality's general fund.

3. A person not licensed as a wholesaler or retailer may not bring any fireworks into this

state, and a retailer may not sell any fireworks that have not been purchased from a

wholesaler licensed under this chapter. A person licensed under this chapter shall

keep available for inspection by the state fire marshal or any sheriff, police officer, or

local fire marshal a copy of each invoice for fireworks purchased as long as any

fireworks included on the invoice are held in the licensee's possession, which invoice

must show the license number of the wholesaler from whom the purchase was made.
N.D. Cent. Code § 23-07-07.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07.1
23-07-07.1. Blood sample of pregnant woman must be submitted for serological test for syphilis
Status: repealed

23-07-07.1. Blood sample of pregnant woman must be submitted for serological test

for syphilis.

Repealed by S.L. 1991, ch. 263, § 1.
N.D. Cent. Code § 23-06-23 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-23
23-06-23. Department to enforce regulation of cemeteries - Injunction
Status: in_force

23-06-23. Department to enforce regulation of cemeteries - Injunction

The department of health and human services shall make and enforce such rules and

regulations as are necessary to carry out the laws relating to the regulation of cemeteries and

may, through injunction or other legal process, enforce compliance.
N.D. Cent. Code § 23-06.5-05 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-05
23-06.5-05. Health care directive requirements - Execution and witnesses
Status: in_force

23-06.5-05. Health care directive requirements - Execution and witnesses

1. To be legally sufficient in this state, a health care directive must:

a. Be in writing;

b. Be dated;

c. State the principal's name;

d. Be executed by a principal with capacity to do so with the signature of the

principal or with the signature of another person authorized by the principal to

sign on behalf of the principal;

e. Contain verification of the principal's signature or the signature of the person

authorized by the principal to sign on behalf of the principal, either by a notary

public or by witnesses as provided under this chapter; and

f. Include a health care instruction or a power of attorney for health care, or both.

2. A health care directive must be signed by the principal and that signature must be

verified by a notary public or at least two or more subscribing witnesses who are at

least eighteen years of age. A person notarizing the document may be an employee of

a health care or long-term care provider providing direct care to the principal. At least

one witness to the execution of the document must not be a health care or long-term

care provider providing direct care to the principal or an employee of a health care or

long-term care provider providing direct care to the principal on the date of execution.

The notary public or any witness may not be, at the time of execution, the agent, the

principal's spouse or heir, a person related to the principal by blood, marriage, or

adoption, a person entitled to any part of the estate of the principal upon the death of

the principal under a will or deed in existence or by operation of law, any other person

who has, at the time of execution, any claims against the estate of the principal, a

person directly financially responsible for the principal's medical care, or the attending

physician of the principal. If the principal is physically unable to sign, the directive may

be signed by the principal's name being written by some other person in the principal's

presence and at the principal's express direction.
N.D. Cent. Code § 23-02.1-29 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-29
23-02.1-29. Fees
Status: in_force

23-02.1-29. Fees

1. The department of health and human services shall prescribe the fees, if any, not to

exceed fifteen dollars, to be paid for the following:

a. Each certified copy of a record.

b. Each certified statement of the facts of birth other than a copy of the original birth

record.

c. Each filing of a new record of birth or fetal death following adoption.

d. Each filing of a delayed record of birth or death except as provided for in

subsection 4 of section 23-02.1-18.

e. Each filing of an amendment to a birth or death record.

f. A search of the files or records when no copy is made.

g. A noncertified informational copy of a death or marriage record.

The fee for each additional copy of a death or fetal death record, requested at the

same time, may not exceed ten dollars.

2. Except as otherwise provided in subsection 3, fees collected under this section by the

state registrar must be deposited in the operating fund of the department of health and

human services, according to procedures established by the state treasurer.

3. The department of health and human services shall quarterly pay fees in the amount

of two dollars for the issuance of each certified copy of a birth record, authorized by

subsection 1, into the children's trust fund created by section 50-27-01.

4. All fees collected in excess of the fees appropriated must be transferred to the general

fund of this state at the end of each biennium.
N.D. Cent. Code § 23-13-03.3 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-03.3
23-13-03.3. Unauthorized possession - Presumptive evidence
Status: in_force

23-13-03.3. Unauthorized possession - Presumptive evidence

The use of a container by any person other than an authorized agent of the person whose

name, mark, initial, or identifying device is or was on the container without written consent or

purchase of the marked and distinguished container for the sale of liquefied petroleum gas or

filling or refilling with liquefied petroleum gas, or the possession of a container by any person

other than an authorized agent of the person whose name, mark, initial, or other identifying

device is stamped on the container without the written consent of the owner, is presumptive

evidence of the unlawful use or filling of the container.
N.D. Cent. Code § 23-21-10 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-10
23-21-10. Mailing to heirs of persons interred
Status: in_force

23-21-10. Mailing to heirs of persons interred

The notice must also be mailed to each known living heir at law of any person whose

remains are interred in the cemetery, if the person's address is known. If the heirs of any person

whose remains are interred in the cemetery are unknown or cannot be found, the publication of

the notice of the declaration of intent to disinter provided for in section 23-21-06 must be

sufficient and proper notice to such persons.
N.D. Cent. Code § 23-09.1-01 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-01
23-09.1-01. Definitions
Status: in_force

23-09.1-01. Definitions

As used in this chapter:

1. "Bed and breakfast facility" means a private home that is used to provide

accommodations for a charge to the public, with not more than seven lodging units, in

which no more than two family-style meals per day are provided.

2. "Department" means the department of health and human services.

3. "Family-style meal" means a meal ordered by persons staying at a bed and breakfast

facility which is served from common food service containers, as long as any food not

consumed by those persons is not reused or fed to other people if the food is

unwrapped.
N.D. Cent. Code § 23-47-01 — ND Code / Title 23 / Chapter 23-47 / Section 23-47-01
23-47-01. Definitions
Status: in_force

23-47-01. Definitions

As used in this chapter:

1. "Department" means the department of health and human services.

2. "STEMI" means ST-elevation myocardial infarction.
N.D. Cent. Code § 23-34-04 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-04
23-34-04. Peer review organization - Mandatory reports - Penalty
Status: in_force

23-34-04. Peer review organization - Mandatory reports - Penalty

1. A peer review organization shall report to an investigative panel of the North Dakota

board of medicine any information that indicates a probable violation of subdivision d,

e, p, or q of subsection 1 of section 43-17-31.

2. A health care organization is guilty of a class B misdemeanor if its peer review

organization fails to make any report required by this section.
N.D. Cent. Code § 23-10-13 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-13
23-10-13. Change in use or closure of mobile home park
Status: in_force

23-10-13. Change in use or closure of mobile home park

If the owner of a mobile home park applies for the rezoning of a park, the owner shall post a

notice of the proposed rezoning in the park at least five days before the public hearing on the

rezoning. In addition, the owner of a mobile home park shall notify all tenants in that park in

writing of a change in use at least one hundred eighty days before the change in use. A change

in use is a change in the park that would alter any portion of the park which is used to lease to

mobile home owners so that the portion will no longer be leased to mobile home owners. The

owner or manager may not increase rent within ninety days before giving notice of a change in

use for the portion of the park to which the change will apply.
N.D. Cent. Code § 23-06-16 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-16
23-06-16. Bond given by person receiving body
Status: in_force

23-06-16. Bond given by person receiving body

Every physician or surgeon and every medical school, before receiving any dead body, shall

give to the officer surrendering the same a sufficient bond conditioned that the body shall be

used only for the promotion of anatomical science and medical knowledge within this state and

so as not to outrage public feeling, and that after having been so used, the remains thereof shall

be disposed of in accordance with the provisions of section 23-06-17.
N.D. Cent. Code § 23-51-01 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-01
23-51-01. Definitions
Status: in_force

23-51-01. Definitions

As used in this chapter:

1. "Committee" means the maternal mortality review committee.

2. "Department" means the obstetrics and gynecology department of the university of

North Dakota school of medicine and health sciences.

3. "Health care provider" means:

a. An individual licensed, certified, or otherwise authorized to provide health care

services in the ordinary course of business in the state; or

b. A health facility licensed by the department of health and human services.

4. "Maternal mortality" means the death of a pregnant woman or a woman within

one year postpartum.

5. "School" means the university of North Dakota school of medicine and health

sciences.

6. "Severe maternal morbidity" means a condition occurring in a woman during

pregnancy or within one year of the end of pregnancy which results in:

a. Admission to the intensive care unit of a health facility; or

b. Transfusion of four or more units of blood products.
N.D. Cent. Code § 23-35-02.3 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-02.3
23-35-02.3. Onsite wastewater recycling technical committee - Appointment - Duties
Status: repealed

23-35-02.3. Onsite wastewater recycling technical committee - Appointment - Duties

Repealed by S.L. 2025, ch. 248, § 4.
N.D. Cent. Code § 23-46-04 — ND Code / Title 23 / Chapter 23-46 / Section 23-46-04
23-46-04. State financial assistance for emergency medical services - Confidential information - Annual allocation
Status: in_force

23-46-04. State financial assistance for emergency medical services - Confidential

information - Annual allocation.

Emergency medical services operations that request financial assistance from the state

must provide requested fiscal information to the department of health and human services for

use in financial assistance determinations. All information provided to the department under this

section is confidential. The department of health and human services shall determine annually

the allocation amount of state financial assistance for each emergency medical services funding

area based on the department's determination of the minimum annual funding necessary to

operate the emergency medical services operation or service designated to operate in the

ambulance funding area, based on the financial needs unique to each emergency medical

services funding area. For emergency medical service operations subject to section 23-27-07,

after June 30, 2025, financial assistance provided by this section must be distributed to the

political subdivision having ownership of the licensed ambulance service or the political

subdivision responsible for the emergency medical service program for the service area.
N.D. Cent. Code § 23-30-08 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-08
23-30-08. Indebtedness of district limited
Status: in_force

23-30-08. Indebtedness of district limited

No district may become indebted for an amount that may not be payable from twenty annual

maximum tax levies as authorized by section 23-30-07. Within the limits herein authorized, the

district shall have power to borrow money and to issue appropriate evidence of indebtedness

thereof.
N.D. Cent. Code § 23-16-11 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-11
23-16-11. Penalties
Status: in_force

23-16-11. Penalties

1. Any person establishing, conducting, managing, or operating any institution subject to

this chapter, without first obtaining a license as required by this chapter, or who

violates any of the provisions of this chapter is guilty of an infraction.

2. In addition to any criminal sanctions that may be imposed pursuant to law, any person

maintaining or operating a nursing facility licensed by the department of health and

human services who is found guilty of knowingly violating any provision of this title or

any rules adopted under this title, or any person maintaining or operating a nursing

facility found to have deficiencies during a survey of the nursing facility, may be

assessed a civil penalty not to exceed one thousand dollars for each violation and for

each day the violation continues plus interest and any costs incurred by the

department of health and human services to enforce this penalty. This civil penalty

may be imposed by a court in a civil proceeding or by the department of health and

human services through an administrative hearing under chapter 28-32. If a civil

penalty levied by the department of health and human services after an administrative

hearing is not paid within thirty days after a final determination that a civil penalty is

owed, unless the determination of a civil penalty is appealed to a district court, the civil

penalty and any costs incurred by the department of health and human services to

enforce the penalty may be withheld from payments due to the person or nursing

facility from the department of health and human services. Any funds received as

penalties must be applied to protect residents of the nursing facility, to relocate

residents, to maintain operation of the nursing facility, and to reimburse residents for

loss of personal funds.
N.D. Cent. Code § 23-09-22 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-22
23-09-22. License canceled
Status: in_force

23-09-22. License canceled

Whenever the proprietor of a food establishment, lodging establishment, or assisted living

facility has been convicted of a violation of this chapter and for a period of ten days after the

conviction fails to comply with any provision of this chapter, the department may cancel the

proprietor's license.
N.D. Cent. Code § 23-27-07 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-07
23-27-07. Required formation of rural ambulance service district - Organizational meeting - Exemption - Eligibility for relicensure
Status: in_force

23-27-07. Required formation of rural ambulance service district - Organizational

meeting - Exemption - Eligibility for relicensure.

1. Emergency medical service operations licensed under this chapter as a basic life

support or advanced life support ambulance service for which a territory has been

assigned pursuant to this chapter does not include a city with a population greater than

six thousand five hundred according to the 2020 census data published by the United

States census bureau, and is not otherwise exempted, must conduct a rural

ambulance service district organizational meeting pursuant to the procedure in section

11-28.3-06 prior to June 30, 2025. After such organizational meeting the district shall

be deemed organized and operating under the provisions of chapter 11-28.3.

2. The following licensed ambulance services are exempt from this section:

a. Licensed ambulance services that are county owned.

b. Licensed ambulance services that are city owned.

c. Licensed ambulance services that are part of a joint powers agreement with a city

or county-owned ambulance.

d. Licensed ambulance services owned by tribal or federal government.

e. Existing rural ambulance service districts organized pursuant to chapter 11-28.3.

3. Ambulance services not in compliance with this section may not be eligible for

relicensure under this chapter.
N.D. Cent. Code § 23-10-01 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-01
23-10-01. Definitions
Status: in_force

23-10-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Campground" means any parcel of land containing three or more lots intended for

occupancy by recreational vehicles or tents.

2. "Department" means the department of health and human services.

3. "Lot" means any piece of land of required size intended for occupancy by a mobile

home, recreational vehicle, or tent.

4. "Mobile home" means any relocatable manufactured, modular, or prefabricated

structure or unit that is designed to be used as residential living quarters. The term

does not include a recreational vehicle.

5. "Mobile home park" means any parcel of land containing three or more lots intended

for occupancy by mobile homes.

6. "Person" means any individual, firm, trust, partnership, public or private association,

corporation, or limited liability company.

7. "Recreational vehicle" means a vehicular-type unit primarily designed as temporary

living quarters for recreational, camping, or travel use, which either has its own mode

of power or is mounted on or towed by another vehicle. The term includes the

following:

a. An independent recreational vehicle, containing toilet and lavatory facilities.

b. A dependent recreational vehicle, which contains either toilet or lavatory facilities

or having neither facility.

8. "Recreational vehicle park" means a parcel or tract of land under the control of a

person, organization, or government entity where three or more lots are offered for use

by members of the public or an organization for rent or lease, including park-owned

recreational vehicles held out for rent or lease. A recreational vehicle park is primarily

designed to accommodate recreational vehicles.
N.D. Cent. Code § 23-17.4-09 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-09
23-17.4-09. Inspection and investigation authority
Status: in_force

23-17.4-09. Inspection and investigation authority

Any duly authorized officer or employee of the department may make necessary inspections

and investigations to determine the state of compliance with the provisions of, and rules

adopted pursuant to, this chapter. The department may inspect any program which the

department has reason to believe is offering or advertising itself as a hospice program without a

license, but no inspection of any hospice program may be made without the permission of the

owner or person in charge unless a warrant is first obtained authorizing inspection. Any

application for issuance or renewal of a hospice program license constitutes permission for any

inspection of the hospice program for which the license is sought in order to facilitate verification

of the information submitted on or in connection with the application.
N.D. Cent. Code § 23-09.4-08 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-08
23-09.4-08. Penalty
Status: in_force

23-09.4-08. Penalty

1. Any person who operates or manages a residential care facility for children with autism

spectrum disorder without first obtaining a license as required by this chapter is guilty

of a class B misdemeanor.

2. Any person who violates any provision of this chapter or any rule adopted under this

chapter may be assessed a civil penalty not to exceed one thousand dollars for each

violation and for each day the violation continues, plus interest and any costs incurred

by the department to enforce this penalty. The civil penalty may be imposed by a court

in a civil proceeding or by the department through an administrative hearing under

chapter 28-32. The assessment of a civil penalty does not preclude the imposition of

other sanctions authorized by rules adopted under this chapter.
N.D. Cent. Code § 23-21-17 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-17
23-21-17. Disposal of lands
Status: in_force

23-21-17. Disposal of lands

Whenever human remains have been ordered removed under this chapter, and the

cemetery authority has made and published notice of intention to remove such remains, the

portions of the cemetery in which no interments have been made, and those portions from

which all human remains have been removed, may be sold, mortgaged, or otherwise

encumbered as security for any loan or loans made to the cemetery authority. No order of any

court is required prior to the making of any such sale, mortgage, or other encumbrance of such

lands; but any sale of such cemetery lands made by any cemetery corporation, limited liability

company, or association controlled by a governing body must be fairly conducted and the price

paid must be fair and reasonable and all such sales must be confirmed, as to the fairness and

reasonableness of the price paid, by the district court of the county in which the lands are

situated.
N.D. Cent. Code § 23-17.3-02 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-02
23-17.3-02. License required - Rules
Status: in_force

23-17.3-02. License required - Rules

A person may not conduct, maintain, or operate a home health agency without a license

issued by the department. The department shall adopt rules for the application, issuance, and

renewal of a license.
N.D. Cent. Code § 23-06.6-16 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-16
23-06.6-16. Other prohibited act - Penalty
Status: in_force

23-06.6-16. Other prohibited act - Penalty

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals,

defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or

a refusal commits a class B misdemeanor.
N.D. Cent. Code § 23-07.1-13 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-13
23-07.1-13. Indian jurisdiction
Status: in_force

23-07.1-13. Indian jurisdiction

Nothing in this chapter requires the admission of an enrolled Indian, resident on any

reservation in this state, to any off-reservation institution except upon written request and

authorization of the superintendent of the reservation on which said Indian is enrolled. However,

in the public interest and with the objective of eradication of tuberculosis in the state of North

Dakota, an Indian with tuberculosis off any reservation is subject to this chapter. It is the

responsibility of the Indian affairs commission pursuant to the commission's powers and duties,

stated in section 54-36-03, to work closely with the tribal councils and other reservation officials

to adopt any agreements found necessary in assisting the state health officer in carrying out

responsibilities under this chapter so that all residents of this state will benefit, and eradication

of tuberculosis in North Dakota can be achieved.
N.D. Cent. Code § 23-21.1-02 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-02
23-21.1-02. Definitions
Status: in_force

23-21.1-02. Definitions

As used in this chapter:

1. "Nonperpetual care cemetery" means all other cemeteries, mausoleums,

columbariums, or other organizations subject to the provisions of this chapter.

2. "Perpetual care cemetery" means any cemetery, mausoleum, columbarium, or other

organization provided for in this chapter which has deposited in its perpetual care fund

an initial minimum amount required by law and thereafter deposits in its perpetual care

fund not less than the amounts set forth in section 23-21.1-03.
N.D. Cent. Code § 23-11-09 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-09
23-11-09. Commissioner or employee may not have interest in housing project or property to be used
Status: in_force

23-11-09. Commissioner or employee may not have interest in housing project or

property to be used.

No commissioner or employee of an authority may acquire any direct or indirect interest in

any housing project or in any property included or planned to be included in any project, nor

may such a person have any direct or indirect interest in any contract or proposed contract for

materials or services to be furnished or used in connection with any housing project. If any

commissioner or employee of an authority owns or controls a direct or indirect interest in any

property included or planned to be included in any housing project, that person immediately

shall disclose the same in writing to the authority, and such disclosure must be entered upon the

minutes of the authority. Failure to disclose such interest constitutes misconduct in office.
N.D. Cent. Code § 23-01-33 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-33
23-01-33. Human papilloma virus - Information
Status: in_force

23-01-33. Human papilloma virus - Information

The department of health and human services shall educate the public about the human

papilloma virus and the availability of a human papilloma virus vaccine; promote immunization

against the human papilloma virus; and distribute informational material regarding the human

papilloma virus and the human papilloma virus vaccine. The department shall distribute the

informational material through relevant department programs and divisions, including breast and

cervical cancer control programs; immunization programs; family planning programs; and

human immunodeficiency virus and sexually transmitted disease programs. Informational

materials distributed must include the recommendations of the advisory committee on

immunization practices of the federal centers for disease control and prevention; contain

information relevant to the target populations of each of the participating programs and divisions

distributing the informational material; and contain information regarding the availability of the

vaccine through the vaccines for children program operated by the department under 42 U.S.C.

1396s, and the medical assistance program.
N.D. Cent. Code § 23-02.1-20.1 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-20.1
23-02.1-20.1. Fetal loss
Status: in_force

23-02.1-20.1. Fetal loss

The state registrar may issue a certified copy of a fetal loss to an individual who

experiences a documented miscarriage of birth, if the individual provides to the state registrar a

completed fetal loss request form established by the department of health and human services

which is signed by the mother or the father and a letter signed by a hospital, physician, or other

medical attendant documenting proof of pregnancy and fetal loss.
N.D. Cent. Code § 23-13-11 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-11
23-13-11. County safety council or director
Status: in_force

23-13-11. County safety council or director

The board of county commissioners is hereby authorized to designate a county safety

council or director whose duty it is to give assistance and to cooperate with other agencies and

organizations engaged in the promotion of general safety in the respective counties.
N.D. Cent. Code § 23-01.3-09 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-09
23-01.3-09. Penalty for unauthorized disclosure
Status: in_force

23-01.3-09. Penalty for unauthorized disclosure

A person who knowingly discloses protected health information in violation of this chapter is

guilty of a class A misdemeanor.
N.D. Cent. Code § 23-38.1-01 — ND Code / Title 23 / Chapter 23-38.1 / Section 23-38.1-01
23-38.1-01. Cardiac ready community grant program
Status: in_force

23-38.1-01. Cardiac ready community grant program

The department of health and human services shall establish a cardiac ready community

grant program. The primary purpose of the program is to support bystander, emergency

responder, and community private public partnerships for strengthening community-based

capacity for cardiac and stroke emergency response and risk reduction programs throughout

the state. The program must build on and may not duplicate existing programs. The department

shall award grants on a competitive basis based on criteria established by an advisory

committee. To facilitate volume purchasing savings, the department may procure vendor rates

and purchases, and grant the acquired elements to community programs.
N.D. Cent. Code § 23-16-10 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-10
23-16-10. Appeal
Status: in_force

23-16-10. Appeal

An appeal denying an application for a license to operate a medical hospital or related

institution, or suspending or revoking a license, or denying an application for a construction

project must be taken to the office of administrative hearings in the manner provided in chapter

28-32.
N.D. Cent. Code § 23-01.2-03 — ND Code / Title 23 / Chapter 23-01.2 / Section 23-01.2-03
23-01.2-03. Trauma center designation
Status: in_force

23-01.2-03. Trauma center designation

1. Effective January 1, 2011, a hospital that offers emergency services to the public shall

meet trauma center designation standards and participate in the trauma system.

2. The department of health and human services shall adopt rules that allow provisional

trauma designation status for a hospital that is partially compliant with trauma

designation standards. When issuing a provisional trauma designation, the department

of health and human services shall allow a reasonable amount of time, determined by

the department, for a hospital to fully meet all trauma designation standards.
N.D. Cent. Code § 23-07-03 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-03
23-07-03. Report of cases of sexually transmitted disease
Status: in_force

23-07-03. Report of cases of sexually transmitted disease

The superintendent of a hospital, dispensary, or charitable or penal institution, in which

there is a case of sexually transmitted disease, or the superintendent's designee, shall report

such case to the nearest health officer having jurisdiction. The report must be made in the form

and manner directed by the department of health and human services.
N.D. Cent. Code § 23-07-04 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-04
23-07-04. Report of reportable disease by township board of health
Status: repealed

23-07-04. Report of reportable disease by township board of health

Repealed by S.L. 1999, ch. 242, § 7.
N.D. Cent. Code § 23-17.4-01 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-01
23-17.4-01. Definitions
Status: in_force

23-17.4-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Bereavement" means the period of time during which the hospice patient's family

experiences and adjusts to the death of the hospice patient.

2. "Department" means the department of health and human services.

3. "Hospice care team" means an interdisciplinary working unit including the hospice

patient and the hospice patient's family, the attending physician, the medical director of

the hospice program, a registered professional nurse as defined under chapter

43-12.1, a social worker licensed pursuant to chapter 43-41 providing medical social

services, and trained hospice volunteers. Providers of special services, including a

spiritual counselor, a pharmacist, a registered dietitian, or professionals in the field of

mental health may be included on the interdisciplinary team as determined to be

appropriate by the hospice program.

4. "Hospice patient" means a person diagnosed as terminally ill with a prognosis of an

anticipated life expectancy of six months or less, who has received admission into the

hospice program. The diagnosis and prognosis must be certified by the attending

physician.

5. "Hospice patient's family" means the immediate kin of the patient, including a spouse,

parent, stepparent, brother, sister, stepbrother, stepsister, child, or stepchild. Additional

relatives or individuals with significant personal ties to the hospice patient may be

included in the hospice patient's family for the purposes of this chapter.

6. "Hospice program" means a coordinated program of home and inpatient care

providing hospice services directly, or through agreement, using a hospice care team.

7. "Hospice service plan" means the plan detailing the specific hospice services offered

by a hospice program and the administrative and direct care personnel responsible for

those services.

8. "Hospice services" means palliative and supportive medical, health, and other care

provided to hospice patients and their families to meet the special needs arising out of

the physical, emotional, spiritual, and social stresses experienced during the final

stages of illness and during dying and bereavement so that when and where possible

the hospice patient may remain at home, with homelike inpatient care utilized only if

and while it is necessary.

9. "Palliative care" means treatment which is intended to achieve relief from, reduction of,

or elimination of pain and other troubling symptoms, rather than treatment aimed at

investigation and intervention for the purposes of cure or prolongation of life.

10. "Volunteer services" means the services provided by individuals who have successfully

completed a training program developed by a licensed hospice program.
N.D. Cent. Code § 23-07-14 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-14
23-07-14. Contagious or infectious diseases - Local board may destroy or disinfect infected clothing
Status: in_force

23-07-14. Contagious or infectious diseases - Local board may destroy or disinfect

infected clothing.

Any local board of health may cause to be destroyed any bed, bedding, clothing, carpets, or

other articles which have been exposed to infection from a contagious or infectious disease and

may allow reasonable compensation for the same. The board also may provide a proper place

with all necessary apparatus and attendants for the disinfection of such articles and may cause

all such articles to be conveyed to such place to be disinfected.
N.D. Cent. Code § 23-49-02 — ND Code / Title 23 / Chapter 23-49 / Section 23-49-02
23-49-02. Patient and caregiver discharge planning, involvement, and documentation
Status: in_force

23-49-02. Patient and caregiver discharge planning, involvement, and documentation

1. A hospital shall adopt and maintain a written discharge planning process, including

policies and procedures, which applies to all patients.

2. At an early stage of hospitalization, a hospital shall identify patients who are likely to

suffer adverse health consequences if discharged without adequate discharge

planning. A hospital shall involve a patient throughout the discharge planning process.

As appropriate, a hospital shall involve the patient's informal caregiver or legal

representative in the discharge planning process. A hospital shall:

a. Document the patient's discharge plan in the patient's medical record.

b. As appropriate, communicate the plan to the patient, the patient's informal

caregiver, or the patient's representative.

c. Document the arrangements made for initial implementation of the patient's

discharge plan in the patient's medical record, including any training or materials

provided to the patient, the patient's informal caregiver, or the patient's

representative.
N.D. Cent. Code § 23-35-13 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-13
23-35-13. Penalty
Status: in_force

23-35-13. Penalty

A person who violates any order, ordinance, or rule prescribed by any board of health or

health officer or any rule adopted under this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-07.1-10 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-10
23-07.1-10. Discharge - Release
Status: repealed

23-07.1-10. Discharge - Release

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-07.1-09 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-09
23-07.1-09. Appeal to supreme court - Habeas corpus - Hearing
Status: repealed

23-07.1-09. Appeal to supreme court - Habeas corpus - Hearing

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-07.1-15 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-15
23-07.1-15. Penalty
Status: in_force

23-07.1-15. Penalty

1. An individual is guilty of a class A misdemeanor if:

a. That individual fails to undertake diagnostic examination for tuberculosis upon the

request of the state health officer which is based upon the reasonable suspicion

that the individual has or has been exposed to tuberculosis;

b. That individual has been diagnosed with infectious or suspect tuberculosis and

fails to undertake a medically approved course of treatment for tuberculosis; or

c. That individual is the parent of a minor or guardian of an individual who violates

subdivision a or b.

2. Upon conviction, the court may order that individual to obtain a supervised medically

approved course of treatment for tuberculosis until the treatment is completed, in

addition to other penalties or conditions provided by law.
N.D. Cent. Code § 23-01-23 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-23
23-01-23. Permit or investigatory hearings - Exemption from chapters 28-32 and 54-57
Status: repealed

23-01-23. Permit or investigatory hearings - Exemption from chapters 28-32 and

54-57.

Repealed by S.L. 2017, ch. 199, §74.
N.D. Cent. Code § 23-12-21 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-21
23-12-21. International health regulations
Status: in_force

23-12-21. International health regulations

A health-related regulation of an international health organization is not enforceable in this

state unless enacted through legislation or a signed executive order.
N.D. Cent. Code § 23-47-03 — ND Code / Title 23 / Chapter 23-47 / Section 23-47-03
23-47-03. Acute cardiovascular emergency medical system of care advisory committee
Status: in_force

23-47-03. Acute cardiovascular emergency medical system of care advisory

committee.

1. The commissioner of the department of health and human services or designee shall

appoint the members of the acute cardiovascular emergency medical system of care

advisory committee. The state health officer, or the officer's designee, is an ex officio

member of the advisory committee. The commissioner of the department of health and

human services or designee shall appoint to the committee members who represent

referring and receiving hospitals, physicians who treat patients, and members who

represent emergency medical services operations that provide services in rural and

urban areas of the state. Members of the acute cardiovascular emergency medical

system of care advisory committee serve at the pleasure of the commissioner of the

department of health and human services.

2. The purpose of the acute cardiovascular emergency medical system of care advisory

committee is to advise the department on the establishment of an effective system of

acute cardiovascular emergency care throughout the state and to take steps to ensure

and facilitate the implementation of the system of acute cardiovascular emergency

care. The advisory committee shall:

a. Encourage sharing of information and data among health care providers on ways

to improve the quality of care of acute cardiovascular patients in this state.

b. Facilitate the communication and analysis of health information and aggregate

data among health care professionals providing care for acute cardiovascular

events.

c. Advise the department on how best to require the application of evidence-based

treatment guidelines regarding the transitioning of patients to community-based

followup care in hospital outpatient, physician office, and ambulatory clinic

settings for ongoing care after hospital discharge following acute treatments.

d. Develop and advise the department to adopt a data oversight process and plan

for achieving continuous quality improvement in the quality of care provided

under the system of acute cardiovascular emergency care. The plan must be

based on aggregate data analysis and the identification of potential interventions

to improve heart attack care in geographic areas or regions of the state.

e. Recommend improvements for acute cardiovascular emergency medical system

response.

3. A physician serving as a member of the acute cardiovascular emergency medical

system of care advisory committee is immune from professional liability in providing

the advisory committee with voluntary medical direction.

4. Except for a member of the acute cardiovascular emergency medical system of care

advisory committee serving on the advisory committee in the member's capacity as a

department employee and who is therefore entitled to receive reimbursement of

mileage and expenses from the department, a member of the advisory committee

serves without compensation or reimbursement of mileage and expenses from the

department but may receive compensation and reimbursement from the advisory

committee member's employer or sponsoring entity.
N.D. Cent. Code § 23-27.2-07 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-07
23-27.2-07. Distressed ambulance service program - Continuing appropriation
Status: in_force

23-27.2-07. Distressed ambulance service program - Continuing appropriation

There is created in the state treasury a distressed ambulance service program fund. The

fund consists of all moneys transferred to the fund and all interest and earnings upon moneys in

the fund. Moneys in the fund are appropriated to the department on a continuing basis for the

purposes of administering this chapter, including for the payment of contractor fees and

expenses incurred by or for the operation of the program.
N.D. Cent. Code § 23-01.3-07 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-07
23-01.3-07. Disclosure of a public health incident
Status: in_force

23-01.3-07. Disclosure of a public health incident

1. Notwithstanding any other law, the state health officer may disclose confidential

information or protected health information to a health care provider or the public if the

state health officer determines that:

a. Disclosure of information is required to prevent the spread of disease;

b. Disclosure of information is required to identify the cause or source of disease; or

c. Disclosure of information is required to allay fear and aid the public in

understanding the risk of its exposure to disease.

2. The state health officer may disclose protected health information only to the extent

necessary to accomplish the purposes of this section, and may require any health care

provider receiving confidential or protected health information under this section to

keep that information confidential under written terms.
N.D. Cent. Code § 23-27-08 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-08
23-27-08. Balance billing prohibited - Enforcement
Status: in_force

23-27-08. Balance billing prohibited - Enforcement

1. For purposes of this section, "ambulance service provider" means a service entity

licensed under chapter 23-27 as a basic life support or advanced life support

ambulance service. The term does not include an air ambulance provider.

2. An ambulance service provider may not collect or bill more than the covered

individual's deductible, coinsurance, copayment, or other cost-sharing amount the

covered individual would be responsible for if services were provided by a participating

ambulance service provider.
N.D. Cent. Code § 23-01-36 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-36
23-01-36. Appeal from permit proceedings
Status: repealed

23-01-36. Appeal from permit proceedings

Repealed by S.L. 2017, ch. 199, §74.
N.D. Cent. Code § 23-07-05 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-05
23-07-05. Local health officers to report reportable disease to department of health and human services
Status: in_force

23-07-05. Local health officers to report reportable disease to department of health

and human services.

At such time as may be required by the department of health and human services, each

local health officer shall submit to such department, on blanks furnished by the department for

that purpose, a summarized report of the reportable diseases reported to the health officer

during the week. When no cases have been reported during the week, the report must be made

with the notation "No cases reported".
N.D. Cent. Code § 23-15-02 — ND Code / Title 23 / Chapter 23-15 / Section 23-15-02
23-15-02. Sale of fireworks prohibited
Status: in_force

23-15-02. Sale of fireworks prohibited

Except as otherwise provided in this chapter, no person may offer for sale, expose for sale,

sell at retail, bring into this state or cause to be brought into this state, or use or explode any

fireworks.
N.D. Cent. Code § 23-13-03.5 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-03.5
23-13-03.5. Penalty
Status: in_force

23-13-03.5. Penalty

Any person who violates any provision of sections 23-13-03.1 through 23-13-03.5 is guilty of

a class B misdemeanor for each separate offense.
N.D. Cent. Code § 23-16.1-01 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-01
23-16.1-01. Definitions
Status: in_force

23-16.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Department" means the department of health and human services.

2. "Health care facility" means those facilities licensed under chapter 23-16.
N.D. Cent. Code § 23-21.1-03.1 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-03.1
23-21.1-03.1. Bond
Status: in_force

23-21.1-03.1. Bond

Each person charged by an organization with the statutory responsibility of setting aside

and depositing funds in a perpetual care fund, before entering upon the discharge of the

person's duties and annually thereafter, shall furnish a bond in the penal sum of an amount to

be determined by the district court of the county wherein the organization is located. The size of

the bond must be at least as large as the amount of money the person or the person's

predecessor deposited in the perpetual care fund during the organization's previous fiscal year.
N.D. Cent. Code § 23-21-05 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-05
23-21-05. Contents of declaration
Status: in_force

23-21-05. Contents of declaration

Any resolution or declaration of intention to disinter and remove human remains pursuant to

this chapter adopted or declared by any cemetery authority must specify and declare that at any

time after the expiration of six months from and after the first publication of the notice of the

resolution or declaration, the human remains then remaining in all or any part of the cemetery

will be removed by the cemetery authority.
N.D. Cent. Code § 23-07.6-12 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-12
23-07.6-12. Right of appeal
Status: in_force

23-07.6-12. Right of appeal

Any party aggrieved by an order of the district court under this section may appeal to the

supreme court. An order of confinement continues in effect while the matter is on appeal.
N.D. Cent. Code § 23-06.5-07 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-07
23-06.5-07. Revocation
Status: in_force

23-06.5-07. Revocation

1. A health care directive is revoked:

a. By notification by the principal to the agent or a health care or long-term care

services provider orally, or in writing, or by any other act evidencing a specific

intent to revoke the directive; or

b. By execution by the principal of a subsequent health care directive.

2. A principal's health care or long-term care services provider who is informed of or

provided with a revocation of a health care directive shall immediately record the

revocation in the principal's medical record and notify the agent, if any, the attending

physician, and staff responsible for the principal's care of the revocation.

3. Unless otherwise provided in the health care directive, if the spouse is the principal's

agent, the divorce of the principal and spouse revokes the appointment of the divorced

spouse as the principal's agent.
N.D. Cent. Code § 23-07.1-14 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-14
23-07.1-14. Care of tubercular patients - Acceptance of federal funds - General hospital
Status: in_force

23-07.1-14. Care of tubercular patients - Acceptance of federal funds - General

hospital.

The department may contract with public or private agencies for the care of persons having

tuberculosis. The department is hereby authorized to accept any federal funds or to enter into

any federal programs on behalf of persons having tuberculosis in North Dakota. The department

may also utilize general hospitals or other appropriate facilities in the placement of recalcitrant

persons having tuberculosis.
N.D. Cent. Code § 23-43-05 — ND Code / Title 23 / Chapter 23-43 / Section 23-43-05
23-43-05. Stroke system of care task force
Status: in_force

23-43-05. Stroke system of care task force

1. The department of health and human services shall establish a stroke system of care

task force to address matters of triage, treatment, and transport of possible acute

stroke patients. The stroke system of care task force must include representation from

the department of health and human services, the emergency medical services

advisory council, the university of North Dakota's center for rural health, the American

stroke association or similar entity, comprehensive stroke centers, primary stroke

centers, rural hospitals, physicians, and emergency medical services operations.

2. The task force shall implement the regulations necessary to establish an effective

stroke system of care in the state, with a focus on serving rural areas. The regulations

must include protocols for the assessment, stabilization, and appropriate routing of

stroke patients by emergency medical services operations, and for coordination and

communication between hospitals, comprehensive stroke centers, primary stroke

centers, and other support services necessary to assure all residents have access to

effective and efficient stroke care.

3. The stroke system of care task force shall make recommendations to the department

of health and human services. Upon receiving such recommendations, the department

of health and human services may adopt rules implementing the recommendations.

4. As used in this subsection, "telemedicine services" means the use of interactive audio,

video, and other electronic media used for the purpose of diagnosis, consultation, or

treatment of acute stroke. The stroke system of care task force shall recommend

eligible essential health care services for acute stroke care provided through

telemedicine services.
N.D. Cent. Code § 23-36-08 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-08
23-36-08. Limitation on liability
Status: in_force

23-36-08. Limitation on liability

Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring

a claim for money damages, and may recover an amount up to the replacement value of the

animal, if the owner establishes that before the animal was seized and tested for rabies under

this chapter, the department, knew or recklessly failed to determine that the animal, at the time

of the exposure, was lawfully owned and licensed and that:

1. The animal had not bitten, scratched, or otherwise possibly exposed another animal or

an individual to rabies; or

2. The animal was a domestic animal and there was not probable cause to believe the

animal was rabid.
N.D. Cent. Code § 23-48-03 — ND Code / Title 23 / Chapter 23-48 / Section 23-48-03
23-48-03. Action against health care provider's license or Medicare certification prohibited
Status: in_force

23-48-03. Action against health care provider's license or Medicare certification

prohibited.

Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend, or

take any action against a health care provider's license issued in this state, based solely on the

health care provider's recommendations to an eligible patient regarding access to or treatment

with an investigational drug, biological product, or device, if the recommendations are consistent

with medical standards of care. Action against a health care provider's Medicare certification

based solely on the health care provider's recommendation that a patient have access to an

investigational drug, biological product, or device is prohibited.
N.D. Cent. Code § 23-30-03 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-03
23-30-03. Notice of hearing
Status: in_force

23-30-03. Notice of hearing

Following the passage of the resolution of the board of county commissioners, the county

auditor shall designate a time and place for a public meeting of all electors residing within the

boundaries of the district as fixed by the resolution of the board of county commissioners. Notice

of such meeting must be given by publication for two weeks in a newspaper of general

circulation in the county, the last publication appearing at least seven days prior to said

meetings; said notice must include a description of the boundaries of the district as set forth in

the resolution of the board of county commissioners; provided, that if the proposed district is

within two or more counties, the county auditor of the county in which the greater portion of the

district is to be situated shall fix the time and place for the public meeting and cause notice

thereof to be published in each county in which the district is to be situated in the manner

hereinbefore provided.
N.D. Cent. Code § 23-21.1-02.2 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-02.2
23-21.1-02.2. Revocation or nonrenewal of license to operate a perpetual care cemetery
Status: in_force

23-21.1-02.2. Revocation or nonrenewal of license to operate a perpetual care

cemetery.

The recorder, or designated official, shall revoke or refuse to renew a license to operate a

perpetual care cemetery if such organization fails to comply with the provisions of this chapter.

When the recorder, or designated official, revokes or refuses to renew a license to operate a

perpetual care cemetery, a notice of the action must be published in the official county

newspaper of the county wherein the cemetery is located. When an organization's license to

operate a perpetual care cemetery is not current or has been revoked, the organization shall

cease to make sales or transfers of burial spaces.
N.D. Cent. Code § 23-07-07.4 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07.4
23-07-07.4. Penalty
Status: repealed

23-07-07.4. Penalty

Repealed by S.L. 1991, ch. 263, § 1.
N.D. Cent. Code § 23-01-02 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-02
23-01-02. Health council - Members, terms of office, compensation, officers, meetings
Status: in_force

23-01-02. Health council - Members, terms of office, compensation, officers,

meetings.

1. The health council shall assure the coordination of the health division with all other

health activities of the state. The health council consists of twelve members:

a. One member representing tribal health, appointed by the director of the Indian

affairs commission for a term of at least one year.

b. One member representing the university of North Dakota school of medicine and

health sciences, appointed by the dean of the school for a term of at least one

year.

c. One member representing the university of North Dakota, appointed by the

president of the university for a term of at least one year.

d. One member representing North Dakota state university, appointed by the

president of the university for a term of at least one year.

e. One local health officer from a public health unit, appointed by the state health

officer for a term of at least one year.

f. Seven members appointed by the state health officer as provided under this

subdivision for terms of three years. The state health officer shall identify

statewide entities representing each of the following interests and shall request

each entity submit the name of one individual to represent the entity.

(1) An entity representing pharmacists.

(2) An entity representing physicians.

(3) An entity representing hospitals.

(4) An entity representing public health unit administrators.

(5) An entity representing nurses.

(6) An entity representing long-term care facilities.

(7) An entity representing dietitians.

2. Each member of the health council shall serve until the member's successor is

appointed. If a member ceases to represent the entity the member is appointed to

represent, the member is no longer qualified to serve and must be replaced.

3. The council shall elect from its membership a presiding officer. The state health officer

shall serve as executive secretary of the health council. The executive secretary does

not have voting privileges. The council shall meet no fewer than two times per year

and shall meet at the call of the presiding officer and at the request of the state health

officer.

4. At the request of the health council, a state agency may serve in an advisory capacity

to the council.

5. The health council may appoint standing committees as determined necessary. The

presiding officer shall select the members of any standing committee.

6. A member of the health council is entitled to receive per diem at the rate set for a

member of the legislative assembly under subsection 1 of section 54-03-20 and

necessary mileage and travel expenses as provided under sections 44-08-04 and

54-06-09 while attending council meetings or in the performance of any special duties

as the council may direct. To the extent a member of the council receives salary or

other compensation from the state or a political subdivision, that member is not eligible

to receive per diem or reimbursement under this subsection.
N.D. Cent. Code § 23-07-07.6 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07.6
23-07-07.6. Report of testing result of imprisoned individuals
Status: in_force

23-07-07.6. Report of testing result of imprisoned individuals

1. Notwithstanding any other provision of law, the department of health and human

services or any other agency shall release the results of any testing for any reportable

disease performed on an individual convicted of a crime who is imprisoned if the

request is made by any individual and the individual provides written proof from the

administrator of the facility with control over the individual imprisoned which states that

the individual has had a significant exposure.

2. For purposes of this section, "significant exposure" means:

a. Contact of broken skin or mucous membrane with a patient's or other individual's

blood or bodily fluids other than tears or perspiration;

b. The occurrence of a needle stick or scalpel or instrument wound in the process of

caring for a patient; or

c. Exposure that occurs by any other method of transmission defined by the

department of health and human services as a significant exposure.
N.D. Cent. Code § 23-27-04.8 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.8
23-27-04.8. Emergency medical services operation communications
Status: in_force

23-27-04.8. Emergency medical services operation communications

The department may regulate the primary communications methods and protocols for

emergency medical services operations while permitting secondary communications through

other devices, including cell phones. The regulations must be consistent with the protocols

established by the department of emergency services.
N.D. Cent. Code § 23-21-07 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-07
23-21-07. Heading and contents
Status: in_force

23-21-07. Heading and contents

The notice must be entitled "Notice of Declaration of Intention to Remove Human Remains

from __________ (insert name of cemetery) in accordance with the provisions of __________

(insert authority such as ordinance, resolution, or statute) of the __________ (insert name of

municipality or county)" and must specify a date not less than six months after the first

publication when the cemetery authority causing the notice to be published will proceed to

remove the remains then remaining in such cemetery or the portion from which removals are to

be made.
N.D. Cent. Code § 23-07-08 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-08
23-07-08. Persons in prison examined and treated for sexually transmitted diseases
Status: in_force

23-07-08. Persons in prison examined and treated for sexually transmitted diseases

Every person convicted of a crime who is imprisoned fifteen days or more in a state, county,

or city prison must be examined for sexually transmitted disease and, if infected, must be

treated therefor by the health officer within whose jurisdiction the person is imprisoned.
N.D. Cent. Code § 23-35-03 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-03
23-35-03. Boards of health
Status: in_force

23-35-03. Boards of health

1. The department shall advise boards of health.

2. A city's, county's, or tribe's governing body may establish a public health unit by

creating and appointing a board of health, which in the case of a city, may be

composed of the city's governing body, or in the case of a tribe, may be composed of

the tribal council or governing body. A board of health must have at least five

members.

a. In the case of a board of health created by a joint board of county commissioners,

each county in the health district must have at least one representative on the

board; each county of over fifteen thousand population must have an additional

representative for each fifteen thousand population or major fraction of that

number; and in a health district of fewer than five counties, each county must

have at least one representative on the district board of health, and the additional

representatives selected to constitute the minimum five-member board must be

equitably apportioned among the counties on a population basis.

b. In the case of a joint city-county health district composed of only one county and

having at least one city over fifteen thousand population, each city having a

population over fifteen thousand must have a representative on the district board

of health for each fifteen thousand population or major fraction of that number,

and the remaining population of the county, exclusive of the populations of cities

with more than fifteen thousand each, must have a representative on the district

board of health for each fifteen thousand population or major fraction of that

number, or at least one member if the remaining population is less than fifteen

thousand.

3. The initial members of any board of health appointed by a governing body must be

appointed for terms as follows: at least one for one year, one for two years, one for

three years, one for four years, and one for five years. If a board has more than five

members, the members must be appointed for staggered terms. All subsequent

appointments are for five-year terms. Each board member shall serve until a

successor is appointed and qualified. If a vacancy occurs, the appointing government

authority shall appoint a member for the remainder of the unexpired term. Each

appointee shall qualify by filing the oath of office. A board of health may not be all male

or all female. If the members of a governing body serve on a board of health or if an

employee of a governing body serves on a board of health, this subsection does not

apply to those governing body members and that employee.

4. A board of health shall meet at least quarterly. Special meetings may be held at any

time at the call of the president.

5. Except if the governing body serves as the board of health, at the first meeting after

appointment, and annually, the members of a board of health shall organize by

electing a president, a vice president, and other officers the board considers

necessary. If there is a treasurer and the treasurer is not a public employee, the

treasurer must be bonded in an amount fixed by the board. If the health officer is not

appointed to the board, the health officer does not have a vote in matters of the board.

The office of secretary and treasurer may be combined.

6. The appointing authority shall establish the rate of compensation for board members

and actual expenses incurred by board members may be reimbursed at the official

reimbursement rates of the appointing authority.
N.D. Cent. Code § 23-17.4-02 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-02
23-17.4-02. Hospice program license required
Status: in_force

23-17.4-02. Hospice program license required

No person may establish, conduct, or maintain a hospice program, or advertise or present

itself to the public as a hospice program, without first obtaining a hospice program license from

the department.
N.D. Cent. Code § 23-35-04 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-04
23-35-04. Health districts - Formation - Contracting for services
Status: in_force

23-35-04. Health districts - Formation - Contracting for services

1. Upon the adoption of a resolution, the governing body may form a single county,

multicounty, city-county, or tribal health district.

2. Notwithstanding this chapter, in a county without a countywide public health unit, the

board of county commissioners, upon adoption of a resolution, may contract with a city

that has a public health department to provide health services to the county and in the

cities throughout the county which do not have a public health unit. The contract must

comply with chapter 54-40.3. When a contract is executed, any provision of this

chapter relating to organizing district boards of health does not apply, and the city

public health department shall exercise all the necessary powers and duties of a public

health unit under this chapter. The department shall treat a county with a contract

under this subsection as a public health unit.
N.D. Cent. Code § 23-16-08 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-08
23-16-08. Offering or advertising to dispose of infants prohibited
Status: in_force

23-16-08. Offering or advertising to dispose of infants prohibited

No hospital providing maternity care may in any way offer to dispose of any child or

advertise that it will give children for adoption or hold itself out, directly or indirectly, as being

able to dispose of children, however, such hospitals may inform an unmarried mother of

child-placing agencies licensed by the department of health and human services.
N.D. Cent. Code § 23-35-02.1 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-02.1
23-35-02.1. Tribal health units
Status: in_force

23-35-02.1. Tribal health units

An Indian nation that occupies a reservation the external boundaries of which border more

than four counties may form a health district or public health department as provided in this

chapter. A tribal public health unit and bordering public health units shall collaborate regarding

the provision of public health services. If an individual who is not an enrolled member of an

Indian tribe of the Indian reservation that forms a tribal public health unit is a party to a civil

action in which the tribal public health unit is also a party, that individual may bring the action in

or move the action to tribal court or district court.
N.D. Cent. Code § 23-01-08 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-08
23-01-08. Directors of divisions - Deputy - Appointment, salary, duties
Status: in_force

23-01-08. Directors of divisions - Deputy - Appointment, salary, duties

The commissioner of the department of health and human services or designee shall

appoint directors of the various divisions of the department and shall determine the salary,

within the limits of legislative appropriations to the department and in conformity with the state

merit system, to be received by such persons. The duties of such director must be those

prescribed by the commissioner of the department of health and human services or designee.

The state health officer may appoint a deputy state health officer. A deputy state health officer

who does not hold a health-related degree may not individually issue an order regarding public

health unless the order is cosigned by a physician who is employed by the department or

cosigned by the state epidemiologist. The deputy state health officer serves at the pleasure of

the state health officer.
N.D. Cent. Code § 23-07.1-01.1 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-01.1
23-07.1-01.1. Definitions
Status: in_force

23-07.1-01.1. Definitions

As used in this chapter:

1. "Appropriate facility" includes a licensed hospital, a public or private outpatient clinic, a

long-term care facility, a correctional facility, or an individual's home, and may also

include directly observed therapy under the supervision of the department.

2. "Department" means the department of health and human services, including local

public health units.

3. "Infectious tuberculosis" means tuberculosis disease in any part of the body, capable

of producing infection or disease in others as demonstrated by laboratory evidence of

tuberculosis bacteria in a specimen from any source in an individual's body or by

radiographic or clinical findings.

4. "Medically approved course of treatment" means ongoing monitoring for a disease,

treatment regimen, or therapy prescribed by a licensed physician and approved by the

department.

5. "Noninfectious tuberculosis" or "latent TB infection" means the presence of

tuberculosis bacteria in the body of an individual as evidenced by testing, such as

significant reaction to a tuberculin skin test or a positive interferon gamma release

assay, but without any other clinical findings of illness and without the capability of

producing infection or disease in others.

6. "Substantial threat to the public health" means an individual with infectious or suspect

tuberculosis who has not completed a medically approved course of therapy and does

not adhere or threatens to not adhere to a recommended treatment regimen or does

not adhere or threatens to not adhere to infection control measures.

7. "Suspect tuberculosis" means an illness marked by symptoms and laboratory tests

that may be indicative of tuberculosis, such as a prolonged cough, prolonged fever,

hemoptysis, compatible roentgenographic findings, or other appropriate medical

imaging findings.

8. "Tuberculosis" includes infectious tuberculosis, suspect tuberculosis, noninfectious

tuberculosis, and any other case in which an individual is found to have tuberculosis

based upon laboratory testing, clinical evidence, or as diagnosed by a physician, the

department, or a local health officer.
N.D. Cent. Code § 23-27-04.7 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.7
23-27-04.7. County reporting - Use of property tax levies
Status: in_force

23-27-04.7. County reporting - Use of property tax levies

The board of county commissioners of every county in this state shall conduct an annual

review of the emergency medical services coverage within that county and shall submit an

annual report in a format approved by the department of health and human services. A taxing

district that levies a special emergency medical services or ambulance service levy shall

allocate all of the special tax levy revenue collected in a particular township to the ambulance

service that serves the largest area within that township.
N.D. Cent. Code § 23-17.4-05 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-05
23-17.4-05. Inspection of hospice program
Status: in_force

23-17.4-05. Inspection of hospice program

Prior to the issuance or renewal of a hospice program license, the department shall inspect

the hospice program for compliance with the standards established pursuant to this chapter. To

the maximum extent possible, the department shall coordinate inspections made under this

chapter with those made for the purposes of determining compliance with other licensing

statutes or rules.
N.D. Cent. Code § 23-02.1-33 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-33
23-02.1-33. Short title
Status: in_force

23-02.1-33. Short title

This chapter may be cited as the "Health Statistics Act".
N.D. Cent. Code § 23-09.3-04 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-04
23-09.3-04. Department to establish standards - Licensing - Inspection - Survey - Prosecute violations
Status: in_force

23-09.3-04. Department to establish standards - Licensing - Inspection - Survey -

Prosecute violations.

1. The department shall establish standards for basic care facilities. The department shall

inspect all places and grant annual licenses to basic care facilities as conform to the

standards established and comply with the rules prescribed, as provided in this

chapter. The department may waive all or a portion of a license standard if the

department determines the lack of compliance does not adversely affect the health or

safety of residents.

2. The department shall implement a survey process for basic care facilities which for

purposes of the life safety portions of the survey, all surveys must be announced;

which for purposes of the health portions of the survey, half of the surveys must be

announced; and which for purposes of complaints related to health and life safety, all

surveys must be unannounced. As part of the survey process, the department shall

develop, in consultation with basic care facilities, and shall implement a two-tiered

system of identifying areas of noncompliance with the health portions of the survey.

3. The department shall prosecute all violations of this chapter.
N.D. Cent. Code § 23-50-02 — ND Code / Title 23 / Chapter 23-50 / Section 23-50-02
23-50-02. Powers and duties
Status: in_force

23-50-02. Powers and duties

1. The panel may:

a. Provide outcome data on drug-related fatalities in the state as a basis for policy,

intervention, and other program effectiveness.

b. Promote the identification of circumstances that may contribute to drug-related

fatalities.

c. Promote the identification of public health issues related to drug-related fatalities.

d. Promote training for individuals and agencies that share a responsibility in

responding to or preventing drug-related fatalities.

e. Promote interagency communication for the management of pharmaceutical and

nonpharmaceutical drug-related fatalities and for the management of future

nonfatal cases.

f. Promote evaluation of the impact of specific drug-related fatality risk factors,

including substance abuse, domestic violence, and behavioral or mental health

issues.

g. Promote the use of intervention and education programs to prevent drug-related

fatalities.

h. Provide data regarding use and potential expansion of drug-related rescue

programs and referral services.

2. The panel shall review the deaths of individuals which are identified as prescription

drug, illicit drug, or alcohol overdoses or which pertain to a trend or pattern of deaths

identified as drug or alcohol overdoses. The panel shall prioritize the reviews

conducted under this subsection. In conducting a review under this subsection, the

panel:

a. May utilize case-specific consultants on a case-by-case basis.

b. Shall identify factors that may have contributed to a preventable fatality, gaps in

the system, and community areas of need.

c. Shall make recommendations or observations to identify whether a fatality was

preventable, whether additional information is needed for a more complete

review, whether it is appropriate to make a referral to an agency requesting

services, and any systemic issues raised by the circumstances of the fatality.
N.D. Cent. Code § 23-27.2-04 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-04
23-27.2-04. Licensee - Response
Status: in_force

23-27.2-04. Licensee - Response

1. A licensee that receives a notice under section 23-27.2-03 shall respond to the

department within forty-five days of the date of the notice. The response must include:

a. The licensee's proposed corrective action to address the criteria under

subsection 1 of section 23-27.2-03;

b. The licensee's proposed time frame in which to take corrective action and

become fully compliant; and

c. If necessary, a request for a waiver.

2. Within fifteen days of the date of the response, the department shall:

a. Approve the response; or

b. Request the licensee amend the response.

3. The department may extend the deadline to respond if an amendment to the response

is requested under subsection 2.
N.D. Cent. Code § 23-07.6-11 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-11
23-07.6-11. Closed hearing - Confidentiality of information
Status: in_force

23-07.6-11. Closed hearing - Confidentiality of information

At the request of the respondent, a hearing conducted under this chapter must be closed

and any report, transcript, record, or other information relating to actions taken under this

chapter must be kept confidential. Deidentified information may be released to the public under
N.D. Cent. Code § 23-07.1-11 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-11
23-07.1-11. Liability of officers
Status: repealed

23-07.1-11. Liability of officers

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-07.7-02 — ND Code / Title 23 / Chapter 23-07.7 / Section 23-07.7-02
23-07.7-02. Testing procedures - Results of test - Penalty
Status: in_force

23-07.7-02. Testing procedures - Results of test - Penalty

1. If testing is ordered by a court under section 23-07.7-01, only a health care provider,

blood bank, blood center, or plasma center may obtain a specimen of bodily fluids or

tissues for the purpose of testing.

2. The court shall order that the specimen be transmitted to a licensed medical laboratory

and that tests be conducted for medically accepted indications of exposure to or

infection by acquired immunodeficiency syndrome virus, acquired immunodeficiency

syndrome-related conditions, and sexually transmitted diseases for which medically

approved testing is readily and economically available as determined by the court.

3. The laboratory shall send a copy of the test results to the physicians designated in the

court order, who shall then release the test results to the defendant or alleged juvenile

offender and each requesting victim as designated in the court order. The court order

must be served on the physicians before any test. The laboratory also shall send a

copy of test results that indicate exposure to or infection by acquired

immunodeficiency syndrome virus, acquired immunodeficiency syndrome-related

conditions, or other sexually transmitted diseases to the department of health and

human services.

4. Every copy of the test results must include the following disclaimer:

The testing was conducted in a medically approved manner, but tests cannot

determine exposure to or infection by acquired immunodeficiency syndrome or

other sexually transmitted diseases with absolute accuracy. Anyone receiving this

test result should continue to monitor their own health and should consult a

physician as appropriate.

5. The court shall order all persons, other than the test subject, who receive test results

pursuant to section 23-07.7-01, to maintain the confidentiality of personal identifying

data relating to the test results except for disclosure that may be necessary to obtain

medical or psychological care or advice. A person who intentionally discloses the

results of any test in violation of this subsection and thereby causes bodily or

psychological harm to the subject of the test is guilty of a class C felony.

6. The specimens and the results of tests ordered pursuant to section 23-07.7-01 are not

admissible evidence in any civil, criminal, or juvenile proceeding.

7. Any person who performs testing, transmits test results, or discloses information

pursuant to this chapter is immune from civil liability for any action undertaken in

accordance with this chapter, except for an act or omission that constitutes gross

negligence.

8. The county in which the alleged violation of chapter 12.1-20 occurred shall pay for the

testing. A defendant who is convicted of the offense shall reimburse the county for the

costs of testing.
N.D. Cent. Code § 23-06.6-09 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-09
23-06.6-09. Manner of making, amending, or revoking anatomical gift of decedent's body or part
Status: in_force

23-06.6-09. Manner of making, amending, or revoking anatomical gift of decedent's

body or part.

1. A person authorized to make an anatomical gift under section 23-06.6-08 may make

an anatomical gift by a document of gift signed by the person making the gift or by that

person's oral communication that is electronically recorded or is contemporaneously

reduced to a record and signed by the individual receiving the oral communication.

2. Subject to subsection 3, an anatomical gift by a person authorized under section

23-06.6-08 may be amended or revoked orally or in a record by any member of a prior

class who is reasonably available. If more than one member of the prior class is

reasonably available, the gift made by a person authorized under section 23-06.6-08

may be:

a. Amended only if a majority of the reasonably available members agree to the

amending of the gift; or

b. Revoked only if a majority of the reasonably available members agree to the

revoking of the gift or if they are equally divided as to whether to revoke the gift.

3. A revocation under subsection 2 is effective only if, before an incision has been made

to remove a part from the donor's body or before invasive procedures have begun to

prepare the recipient, the procurement organization, transplant hospital, or physician

or technician knows of the revocation.
N.D. Cent. Code § 23-09-06 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-06
23-09-06. Chemical fire extinguishers - Standpipes
Status: in_force

23-09-06. Chemical fire extinguishers - Standpipes

Each lodging establishment or assisted living facility must be provided with fire

extinguishers as defined by the national fire protection association standard number ten in

quantities as defined by the state building code and the state fire code. Standpipe and sprinkler

systems must be installed as required by the state building code and state fire code. Fire

extinguishers, sprinkler systems, and standpipe systems must conform with rules adopted by

the state fire marshal. A contract for sale or a sale of a fire extinguisher installation in a public

building is not enforceable, if the fire extinguisher or extinguishing system is of a type not

approved by the state fire marshal for such installation. No fire extinguisher of a type not

approved by the state fire marshal may be sold or offered for sale within the state.
N.D. Cent. Code § 23-11-10 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-10
23-11-10. Removal of commissioners
Status: in_force

23-11-10. Removal of commissioners

A commissioner of an authority may be removed by the mayor, or in the case of an authority

for a county, by the governing body of the county, for inefficiency, neglect of duty, or misconduct

in office. A commissioner may be removed, however, only after having had an opportunity to be

heard upon the charges in person or by counsel. A copy of the charges must be served upon

the commissioner at least ten days before the date fixed for the hearing. In the event of the

removal of any commissioner, a record of the proceedings, together with the charges and

findings thereon, must be filed in the office of the auditor of the city or county, as the case may

be.
N.D. Cent. Code § 23-11-36 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-36
23-11-36. Powers not limited
Status: in_force

23-11-36. Powers not limited

The powers conferred by sections 23-11-31 to 23-11-35 are in addition and supplemental to

the powers conferred by any other law, and nothing contained herein may be construed as

limiting any other powers of a housing authority.
N.D. Cent. Code § 23-24-02.1 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-02.1
23-24-02.1. Petition for withdrawing from a vector control district - Hearing and investigation - Boundary modification
Status: in_force

23-24-02.1. Petition for withdrawing from a vector control district - Hearing and

investigation - Boundary modification.

Any county, city, or township or portion of a county, city, or township may withdraw from a

vector control district whenever a petition signed by the governing body of the county, city, or

township or at least twenty percent of the residents of the county, city, or township, or portion

thereof, desiring to withdraw from the district, is approved by the department. Prior to approving

a petition to withdraw from the district, the department shall fix a time and place for a public

hearing on the petition. The place of the hearing must be convenient and accessible for a

majority of the residents of the district. At least ten days prior to the date of the hearing, the

department shall publish a notice of the hearing in at least one newspaper of general circulation

in the district. Prior to the hearing the department shall investigate the petition to withdraw. If the

department finds that it is not feasible, desirable, or practical to allow the petitioning entity to

withdraw from the district, it shall make an order denying the petition and state the reasons for

its action. If the department finds that the petitioning entity is no longer benefited by being

included within the boundaries of the district or if other reasons make the withdrawal of the

petitioning entity desirable, proper, and necessary, it shall grant the petition and modify the

boundaries of the district. No person may be a member of the board of commissioners if that

person is no longer a resident of the vector control district after the boundaries have been

modified. A new member must be appointed to replace any such member in the manner

provided for original appointments.
N.D. Cent. Code § 23-17.3-09 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-09
23-17.3-09. Inspections - Required information
Status: in_force

23-17.3-09. Inspections - Required information

1. The department is authorized to conduct periodic inspections of the facilities of

licensed home health agencies with respect to fitness and adequacy of equipment,

personnel, rules and bylaws, standards of service and medical care, plans of

treatment, records, and other standards of licensure.

2. Any home health agency which provides or makes available any home health services

to the public in this state, in any organized program developed or rendered under its

auspices or provided under contract with any other person, shall submit annually to the

department a complete description of that home health agency's operation, including

name, address, location, or principal place of business, ownership, identification of

administrative personnel responsible for home health services, and the nature and

extent of the programs. The department shall determine the form and content of the

information compiled and the annual date for submission of information. The

department shall make the information available to the appropriate governmental

agencies of the state so as to make known the availability of home health services to

provide data for planning and for health needs of the people of the state. The

information must be available to the public and to the health systems agencies.
N.D. Cent. Code § 23-09.1-04 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-04
23-09.1-04. Injunction proceedings
Status: in_force

23-09.1-04. Injunction proceedings

Whenever in the judgment of the department any person has engaged in or is about to

engage in any acts or practices which constitute a violation of this chapter, or any rule or order

issued under this chapter, the department may maintain an action in the name of the state

enjoining the action or practices or for an order directing compliance and, upon a showing by

the department that the person has engaged or is about to engage in any such acts or

practices, a permanent or temporary injunction, restraining order, or other order may be granted.
N.D. Cent. Code § 23-27-04 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04
23-27-04. Standards for operators
Status: in_force

23-27-04. Standards for operators

1. An emergency medical services operation may not operate unless licensed under this

chapter. The department shall adopt rules for standards for operators which must

include:

a. Time when operator's services must be available;

b. Requirements for services to ensure a reliable response to 911 and emergent

interfacility transports, while providing nonemergent services;

c. Type of motor vehicle operator's license needed for drivers of ground vehicles;

d. Training standards for personnel;

e. Equipment and ground vehicle standards;

f. Annual license fees;

g. Number of personnel required for each run;

h. The scope of practice for uncertified drivers, certified personnel, and emergency

medical services professionals;

i. Performance standards, which may include response time standards; and

j. Other requirements as necessary to carry out the requirements of this chapter.

2. An officer, employee, or agent of any prehospital emergency medical services

operation may refuse to transport an individual for which transport is not medically

necessary and may recommend an alternative course of action to that individual if the

prehospital emergency medical service has developed protocols to refuse transport of

an individual.
N.D. Cent. Code § 23-12-20 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-20
23-12-20. COVID-19 vaccination and infection information
Status: in_force

23-12-20. COVID-19 vaccination and infection information

1. Neither a state government entity nor any of its political subdivisions, agents, or

assigns may:

a. Require documentation, whether physical or electronic, for the purpose of

certifying or otherwise communicating the following before providing access to

property, funds, or services:

(1) An individual's COVID-19 vaccination status or vaccination status for a

vaccine that is under emergency use authorization from the federal food and

drug administration;

(2) The presence of COVID-19 pathogens, antigens, or antibodies; or

(3) An individual's COVID-19 post-transmission recovery status;

b. Otherwise publish or share an individual's COVID-19 vaccination record or similar

health information, except as specifically authorized by the individual or otherwise

authorized by statute; or

c. Require a private business to obtain documentation, whether physical or

electronic, for purposes of certifying or otherwise communicating the following

before employment or providing access to property, funds, or services based on:

(1) An individual's COVID-19 vaccination status or vaccination status for a

vaccine that is under emergency use authorization from the federal food and

drug administration;

(2) The presence of COVID-19 pathogens, antigens, or antibodies; or

(3) An individual's COVID-19 post-transmission recovery status.

2. Subsection 1 does not apply to the department of corrections and rehabilitation, a

correctional facility as defined under section 12-44.1-01, the state hospital, or a public

health unit.

3. A private business located in this state or doing business in this state may not require

a patron, client, or customer in this state to provide any documentation certifying

COVID-19 vaccination or vaccination authorized by the federal food and drug

administration under emergency use authorization, the presence of COVID-19

pathogens, antigens, or antibodies, or COVID-19 post-transmission recovery to gain

access to, entry upon, or services from the business. This subsection does not apply

to a developmental disability residential facility or a health care provider, including a

long-term care provider, basic care provider, and assisted living provider. As used in

this subsection, a private business does not include a nonprofit entity that does not sell

a product or a service.

4. This section may not be construed to interfere with an individual's rights to access that

individual's own personal health information or with a person's right to access personal

health information of others which the person otherwise has a right to access.

5. Subsection 1 is not applicable to the state board of higher education, the university

system, or institutions under the control of the state board of higher education to the

extent the entity has adopted policies and procedures governing the type of

documentation required, the circumstances under which such documentation may be

shared, and exemptions from providing such documentation.

6. This section is not applicable during a public health disaster or emergency declared in

accordance with chapter 37-17.1.

7. As used in this section, the term "COVID-19" means severe acute respiratory

syndrome coronavirus 2 identified as SARS-CoV-2 and any mutation or viral

fragments of SARS-CoV-2.
N.D. Cent. Code § 23-39-07 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-07
23-39-07. Enforcement - Rules - Penalty
Status: in_force

23-39-07. Enforcement - Rules - Penalty

The department shall enforce this chapter and shall adopt rules necessary to implement this

chapter. The department may deny issuance of a permit to an applicant or suspend or revoke

any permit issued under this chapter if the applicant or permitholder, or an employee of the

applicant or permitholder, violates this chapter or any rule adopted to implement this chapter.

Violation of this chapter or any rule adopted to implement this chapter is a class B

misdemeanor.
N.D. Cent. Code § 23-12-02 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-02
23-12-02. Penalty for not disinfecting secondhand goods
Status: repealed

23-12-02. Penalty for not disinfecting secondhand goods

Repealed by S.L. 1975, ch. 106, § 673; S.L. 1975, ch. 225, § 1.
N.D. Cent. Code § 23-06-14 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-14
23-06-14. What bodies may be used for dissection
Status: in_force

23-06-14. What bodies may be used for dissection

Any medical association, licensed physician and surgeon, or medical school, upon request,

may receive and remove free of charge the bodies of the following deceased persons, if such

bodies are to be used within the state for the advancement of anatomical knowledge and

medical science and if proper notice is given to the relatives or guardian of the deceased:

1. A person executed pursuant to sentence of law.

2. A person dying in the penitentiary or county jail while under sentence for a crime.

3. A person required to be buried at public expense.

Preference must be given to medical schools, and such schools shall furnish the bodies to the

students of medicine and surgery.
N.D. Cent. Code § 23-02.1-31 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-31
23-02.1-31. Duties to furnish information relative to vital events
Status: in_force

23-02.1-31. Duties to furnish information relative to vital events

Any person having knowledge of the facts shall furnish such information as the person may

possess regarding any birth, death, fetal death, marriage, or divorce upon demand of the state

registrar.
N.D. Cent. Code § 23-11-20 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-20
23-11-20. Bonds - Types which may be issued
Status: in_force

23-11-20. Bonds - Types which may be issued

1. An authority may issue any type of bond as the authority determines necessary for the

purpose of financing housing for persons of low or moderate income, including a bond

on which the interest and principal are payable:

a. Exclusively from the income and revenues of the housing project financed with

the proceeds of the bond or with the proceeds together with a grant from the

federal government in aid of the project;

b. Exclusively from the income and revenues of certain designated housing projects

whether the projects are financed in whole or in part with the proceeds of the

bond; or

c. From the authority's revenues generally.

2. The bonds and other obligations of the authority are not payable out of any funds or

properties other than those of the authority or funds of the city or county which has

pledged its general obligation pursuant to subsection 23 of section 23-11-24. These

bonds, however, may be secured additionally by a pledge of any loan, grant, or

contribution, or part of the same, from the federal government or other source of a

pledge of any income or revenues or by a mortgage on any housing project, projects,

or other property of the authority.
N.D. Cent. Code § 23-02.1-25.1 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-25.1
23-02.1-25.1. Birth records - Amendments and corrections - Sex change
Status: in_force

23-02.1-25.1. Birth records - Amendments and corrections - Sex change

1. The sex designation on a birth record of an individual born in this state may not be

amended under section 23-02.1-25 due to a gender identity change.

2. The sex designation on a birth record of an individual born in this state may not be

amended or corrected under section 23-02.1-25 unless:

a. The sex of the individual was listed incorrectly on the original birth record as a

result of a scrivener's error or data entry error;

b. The sex of the individual was misidentified on the original birth record and the

request for correction is accompanied by a copy of the results of chromosomal,

molecular, karyotypic, DNA, or genetic testing that identifies the sex of the

individual, together with an affidavit from the health care facility, health care

professional, or laboratory testing facility that conducted the test or analyzed the

test results, attesting to the test results and the accuracy of the test results; or

c. The sex of the individual was changed with anatomically correct genitalia for the

identified sex as certified by a medical provider.

3. As used in this chapter, "sex" means the biological state of being male or female,

based on an individual's nonambiguous sex organs, chromosomes, or endogenous

hormone profiles at birth.
N.D. Cent. Code § 23-13-03 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-03
23-13-03. Penalty
Status: in_force

23-13-03. Penalty

Any person who violates any provision of sections 23-13-02 through 23-13-02.7, or any rule

or regulation of the fire marshal made pursuant thereto, or who, if an owner or operator of a

filling station, permits such violation, is guilty of a class B misdemeanor.