N.D. Cent. Code § 23-06.6-22 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-22
23-06.6-22. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or medical examiner
Status: in_force

23-06.6-22. Facilitation of anatomical gift from decedent whose body is under

jurisdiction of coroner or medical examiner.

1. Upon request of a procurement organization, a coroner or medical examiner shall

release to the procurement organization the name, contact information, and available

medical and social history of a decedent whose body is under the jurisdiction of the

coroner or medical examiner. If the decedent's body or part is medically suitable for

transplantation, therapy, research, or education, the coroner or medical examiner shall

release post-mortem examination results to the procurement organization. The

procurement organization may make a subsequent disclosure of the post-mortem

examination results or other information received from the coroner or medical

examiner only if relevant to transplantation or therapy.

2. The coroner or medical examiner may conduct a medicolegal examination by

reviewing all medical records, laboratory test results, x-rays, other diagnostic results,

and other information that any person possesses about a donor or prospective donor

whose body is under the jurisdiction of the coroner or medical examiner which the

coroner or medical examiner determines may be relevant to the investigation.

3. A person that has any information requested by a coroner or medical examiner

pursuant to subsection 2 shall provide that information as expeditiously as possible to

allow the coroner or medical examiner to conduct the medicolegal investigation within

a period compatible with the preservation of parts for the purpose of transplantation,

therapy, research, or education.

4. If an anatomical gift has been or might be made of a part of a decedent whose body is

under the jurisdiction of the coroner or medical examiner and a post-mortem

examination is not required, or the coroner or medical examiner determines that a

post-mortem examination is required but that the recovery of the part that is the

subject of an anatomical gift will not interfere with the examination, the coroner or

medical examiner and procurement organization shall cooperate in the timely removal

of the part from the decedent for the purpose of transplantation, therapy, research, or

education.

5. If an anatomical gift of a part from the decedent under the jurisdiction of the coroner or

medical examiner has been or might be made, but the coroner or medical examiner

initially believes that the recovery of the part could interfere with the post-mortem

investigation into the decedent's cause or manner of death, the coroner or medical

examiner shall consult with the procurement organization or physician or technician

designated by the procurement organization about the proposed recovery. The

procurement organization shall provide the coroner or medical examiner with all

information the organization has which could relate to the cause or manner of the

decedent's death. After consultation, the coroner or medical examiner may allow the

recovery.

6. Following the consultation under subsection 5, in the absence of mutually agreed-upon

protocols to resolve conflict between the coroner or medical examiner and the

procurement organization, if the coroner or medical examiner intends to deny recovery

of an organ for transplantation, the coroner or medical examiner or designee of the

coroner or medical examiner, at the request of the procurement organization, shall

attend the removal procedure for the part before making a final determination not to

allow the procurement organization to recover the part. During the removal procedure,

the coroner or medical examiner or designee of the coroner or medical examiner may

allow recovery by the procurement organization to proceed, or, if the coroner or

medical examiner or designee of the coroner or medical examiner reasonably believes

that the part may be involved in determining the decedent's cause or manner of death,

deny recovery by the procurement organization.

7. If the coroner or medical examiner or designee of the coroner or medical examiner

denies recovery under subsection 6, the coroner or medical examiner or designee of

the coroner or medical examiner shall:

a. Explain in a record the specific reasons for not allowing recovery of the part;

b. Include the specific reasons in the records of the coroner or medical examiner;

and

c. Provide a record with the specific reasons to the procurement organization.

8. If the coroner or medical examiner or designee of the coroner or medical examiner

allows recovery of a part under subsection 4, 5, or 6, the procurement organization,

upon request, shall cause the physician or technician who removes the part to provide

the coroner or medical examiner with a record describing the condition of the part, a

biopsy, a photograph, and any other information and observations that would assist in

the post-mortem examination.

9. If a coroner or medical examiner or designee of a coroner or medical examiner is

required to be present at a removal procedure under subsection 6, upon request the

procurement organization requesting the recovery of the part shall reimburse the

coroner or medical examiner or designee of the coroner or medical examiner for the

additional costs incurred in complying with subsection 6.
N.D. Cent. Code § 23-24-08 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-08
23-24-08. Powers and duties of the board of commissioners
Status: in_force

23-24-08. Powers and duties of the board of commissioners

The board of commissioners of a vector control district may:

1. Declare, by resolution, that a potential or emergency health hazard exists and take all

necessary and proper steps and measures for the eradication of public health vectors

causing a potential or emergency health hazard within the district. Prior to taking these

measures, the board shall consider technical information available to it for the purpose

of determining the need for control measures and the need for specific action.

2. Enter upon any land, public or private, within the district at any reasonable time to

inspect for or to control public health vectors and their breeding places.

3. Purchase all needed equipment, supplies, and materials.

4. Employ such labor and service as may be necessary or proper in the furtherance of its

powers herein.

5. Employ labor and services and fix the compensations and prescribe the duties of all

employees, agents, and servants.

6. Acquire by gift or purchase, hold, manage and dispose of, real or personal property in

the name of the district in the furtherance of the purposes for which the district is

established.

7. Work cooperatively with irrigation and drainage districts, municipal corporations, or

other public agencies and use funds of the district to assist such other agencies for the

construction, improvement, repair, and maintenance of ditches and for the purpose of

assisting such other agencies in abatement practices for the control of public health

vectors.

8. Contract with the United States government or any department thereof or with any

other corporations, public or private and state government of this or other states to

carry out the provisions of this chapter.

9. Generally do all things necessary or incident to the powers granted and carry out the

objects specified in this chapter.

10. After organization and on or before July first in each year thereafter, adopt a budget

showing estimated expenses for the ensuing fiscal year commencing July first and by

resolution submit the budget to the board of county commissioners in each county in

which the district is located. The board of county commissioners shall consider the

budget and by resolution levy a tax not exceeding the limitation in section 57-15-26.2

and direct the county auditor to file the budget and spread the levy on the tax roll.
N.D. Cent. Code § 23-13-12 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-12
23-13-12. Handrail in toilet stalls
Status: repealed

23-13-12. Handrail in toilet stalls

Repealed by S.L. 1993, ch. 261, § 6.
N.D. Cent. Code § 23-17.3-08 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-08
23-17.3-08. Rules
Status: in_force

23-17.3-08. Rules

The department shall adopt necessary rules relating to the home health agencies licensed

pursuant to section 23-17.3-02, including rules governing:

1. Qualifications of professional and ancillary personnel in order to furnish adequately

home health services.

2. Standards for the organization and quality of patient care.

3. Procedures for maintaining records.

4. Provision for contractual arrangements for professional and ancillary health services.

5. Procedures for application, issuance, and renewal of license.

6. Procedures for denial, suspension, or revocation of license.

7. Inspections of licensed home health agencies.
N.D. Cent. Code § 23-01-12 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-12
23-01-12. Hospital records to be kept at direction of department
Status: in_force

23-01-12. Hospital records to be kept at direction of department

When any person is admitted into a lying-in hospital or other institution, public or private, to

which persons resort for the treatment of disease or for confinement, or to which persons are

committed by process of law, the superintendent, manager, or other person in charge of such

institution shall make a record of all the personal and statistical particulars relative to such

person. The record must be in such form as is directed by the department of health and human

services. In the case of any person admitted or committed for medical treatment of disease, the

physician in charge shall specify for entry in the records the nature of the disease and where, in

the physician's opinion, it was contracted. The personal particulars and information required for

compliance with the provisions of this section must be obtained from the individual personally if

practicable, and when the information cannot be obtained from the individual, from the

individual's relatives or friends or from any other person acquainted with the facts.
N.D. Cent. Code § 23-01-41 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-41
23-01-41. Autism spectrum disorder database - Rulemaking - Confidentiality
Status: in_force

23-01-41. Autism spectrum disorder database - Rulemaking - Confidentiality

1. The department of health and human services shall establish and administer an

autism spectrum disorder database. The database must include a record of all

reported cases of autism spectrum disorder in the state and any other information

determined relevant and appropriate by the department in order to complete

epidemiologic surveys of the autism spectrum disorder, enable research and analysis

of the autism spectrum disorder, and provide services to individuals with an autism

spectrum disorder.

2. The department of health and human services shall establish criteria regarding who is

qualified to report a case of autism spectrum disorder to the database. In establishing

this criteria, the department shall require that the reporter be a physician or

psychologist or any other licensed or certified health care professional who is qualified

by training and by licensure or certification to make the diagnosis of autism spectrum

disorder.

3. The database established under this section must:

a. Include the reported individual's diagnoses under the most recent edition of the

American psychiatric association's diagnostic and statistical manual of mental

disorders; and

b. Indicate whether a complete physical evaluation was performed by a licensed

independent practitioner as part of the diagnostic process for autism spectrum

disorder.

4. The department of health and human services shall adopt rules to provide for

mandatory reporting to the autism spectrum disorder database and to establish

reporting requirements, including timeliness requirements. A reporter who makes the

diagnosis an individual is affected with autism spectrum disorder, or the reporter's

designee, shall report this diagnosis in the form or manner prescribed by the

department of health and human services.

5. The department of health and human services shall keep confidential all records of the

database which could be used to identify a reported individual; however, the

department may provide these records to other state agencies as necessary to effect

the purposes of this database without regard to the confidential nature of the records.

If the department provides confidential records of the database to a state agency, the

department shall notify the receiving agency of the confidential nature of the records

and the receiving agency shall treat these records as confidential.
N.D. Cent. Code § 23-07.7-01 — ND Code / Title 23 / Chapter 23-07.7 / Section 23-07.7-01
23-07.7-01. Court-ordered sexual offense medical testing
Status: in_force

23-07.7-01. Court-ordered sexual offense medical testing

1. The court may order any defendant charged with a sex offense under chapter 12.1-20

and any alleged juvenile offender with respect to whom a petition has been filed in a

juvenile court alleging violation of chapter 12.1-20 to undergo medical testing to

determine whether the defendant or alleged juvenile offender has any sexually

transmitted diseases, including a test for infection with the human immunodeficiency

virus or any other identified positive agent of acquired immunodeficiency syndrome.

The court may not order a defendant charged with violating section 12.1-20-12.1 or

12.1-20-13 or an alleged juvenile offender with respect to when a petition has been

filed in a juvenile court alleging violation of section 12.1-20-12.1 or 12.1-20-13 to

undergo the testing authorized by this section. The court may order the testing only if

the court receives a petition from the alleged victim of the offense or from the

prosecuting attorney if the alleged victim has made a written request to the

prosecuting attorney to petition the court for an order authorized under this section. On

receipt of a petition, the court shall determine, without a hearing, if probable cause

exists to believe that a possible transfer of a sexually transmitted disease or human

immunodeficiency virus took place between the defendant or alleged juvenile offender

and the alleged victim. If the court determines probable cause exists, the court shall

order the defendant or alleged juvenile offender to submit to testing and that a copy of

the test results be released to the defendant's or alleged juvenile offender's physician

and each requesting victim's physician.

2. If a defendant is charged with a sexual offense under chapter 12.1-20 in which the

alleged victim is compelled by force or threat to engage in sexual activity or sexual

contact, the prosecuting attorney shall inform the alleged victim that the alleged victim

may request that a test for infection with the human immunodeficiency virus or any

other identified agent of acquired immunodeficiency syndrome be administered to the

defendant. If the alleged victim requests that the test be administered, the prosecuting

attorney shall notify the court. The court shall order that the test be administered within

forty-eight hours after the date the complaint or information is filed or after the

defendant's initial appearance.

3. If a test is ordered under subsection 1 or 2, the physicians for the defendant or alleged

juvenile offender and requesting alleged victim must be specifically named in the court

order, and the court order must be served on the physicians before any test.
N.D. Cent. Code § 23-06.6-20 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-20
23-06.6-20. Effect of anatomical gift on advance health care directive
Status: in_force

23-06.6-20. Effect of anatomical gift on advance health care directive

1. In this section:

a. "Advance health care directive" means a health care directive under chapter

23-06.5, a power of attorney for health care, or a record signed or authorized by a

prospective donor containing the prospective donor's direction concerning a

health care decision for the prospective donor.

b. "Declaration" means a record signed by a prospective donor specifying the

circumstances under which a life support system may be withheld or withdrawn

from the prospective donor.

c. "Health care decision" means any decision regarding the health care of the

prospective donor.

2. If a prospective donor has a declaration or advance health care directive and the terms

of the declaration or directive and the express or implied terms of a potential

anatomical gift are in conflict with regard to the administration of measures necessary

to ensure the medical suitability of a part for transplantation or therapy, the prospective

donor's attending physician and prospective donor shall confer to resolve the conflict.

If the prospective donor is incapable of resolving the conflict, an agent acting under the

prospective donor's declaration or directive or, if none or the agent is not reasonably

available, another person authorized by law other than this chapter to make health

care decisions on behalf of the prospective donor shall act for the donor to resolve the

conflict. If involved in resolving the conflict, the agent or other person authorized by

law shall make the decision in accordance with the agent's or person's knowledge of

the prospective donor's wishes and religious or moral beliefs as stated orally or as

contained in the declaration or advance health care directive. The conflict must be

resolved as expeditiously as possible. If the conflict is not resolved expeditiously, the

direction of the declaration or advance directive controls. Information relevant to the

resolution of the conflict may be obtained from the appropriate procurement

organization and any other person authorized to make an anatomical gift for the

prospective donor under section 23-06.6-08. Before resolution of the conflict,

measures necessary to ensure the medical suitability of the part may not be withheld

or withdrawn from the prospective donor if withholding or withdrawing the measures is

not contrary to reasonable medical standards.
N.D. Cent. Code § 23-50-01 — ND Code / Title 23 / Chapter 23-50 / Section 23-50-01
23-50-01. Drug fatalities review panel
Status: in_force

23-50-01. Drug fatalities review panel

1. The forensic pathology department of the university of North Dakota school of

medicine and health sciences shall appoint individuals to serve as members on the

drug fatalities review panel. To encompass disciplines needed for evaluation and

balance of members' viewpoints, panel membership must include representation from

multiple disciplines and services. Membership may include a forensic pathologist, a

pharmacist with knowledge in pharmacogenomics, representatives of rural and urban

healthcare facilities, a licensed addiction counselor, a physician, and representatives

of nonregulatory divisions of the department of health and human services.

2. The department of health and human services and the university of North Dakota

school of medicine and health sciences shall provide for or arrange for administrative

services to assist the panel in performing official duties, including collection and

management of case review files, the maintenance of records, data collection and

analysis, and the issuance of a state report on drug-related fatalities. The department

and the university of North Dakota school of medicine and health sciences are

responsible for the confidentiality and security of data on the sharing site on which the

documents are stored.
N.D. Cent. Code § 23-34-02 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-02
23-34-02. Peer review records - Confidentiality
Status: in_force

23-34-02. Peer review records - Confidentiality

1. Peer review records are confidential and may be used by a peer review organization

and the organization members only for conducting a professional peer review.

2. A health care organization may release reports, data compilations, analyses, and

summaries, which are prepared by a peer review organization and which identify or

analyze trends in medical errors to the department of health and human services, the

North Dakota hospital association, and the North Dakota hospital foundation.

3. The department of health and human services, the North Dakota hospital association,

and the North Dakota hospital foundation may release any information provided under

subsection 2 to the public.

4. This section does not prohibit access of the department of health and human services

to peer review records to determine compliance with requirements of federal or state

law for the survey and certification of a health care facility or for trauma center

designation and as authorized under any rules issued under section 23-01.2-01 or

23-01-11 to enable the state to be in compliance with any federal laws to qualify for

any federal funds related to medical facilities or agencies licensed by the department

of health and human services.
N.D. Cent. Code § 23-02.1-15 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-15
23-02.1-15. Delayed registration of birth
Status: in_force

23-02.1-15. Delayed registration of birth

1. If the birth of an individual born in this state has not been registered, a birth record

may be filed in accordance with the regulations of the department of health and human

services. The birth record must be registered subject to such evidentiary requirements

as the department of health and human services shall prescribe to substantiate the

alleged facts of birth.

2. A birth record registered one year or more after the date of occurrence must be

marked "delayed" and show on the face of the birth record the date of delayed

registration.

3. A summary statement of the evidence submitted in support of the delayed registration

must be endorsed on the birth record.

4. a. If an applicant does not submit the minimum documentation required in the

regulations for delayed registration or when the state registrar finds reason to

question the validity or adequacy of the birth record or documentary evidence, the

state registrar may not register the delayed birth record and shall advise the

applicant of the reasons for this action. If the deficiencies are not corrected, the

state registrar shall advise the applicant of the right of appeal to a court of

competent jurisdiction for a judicial determination of the birth facts.

b. The department of health and human services by regulation may provide for the

dismissal of an application that is more than one year old and is not being actively

pursued.

5. A report of live birth may not be registered for a deceased individual one year or more

after that individual's date of birth.
N.D. Cent. Code § 23-06-12 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-12
23-06-12. Transporting body without final disposition-transit permit
Status: in_force

23-06-12. Transporting body without final disposition-transit permit

It is unlawful for a transportation company or common carrier to transport, or accept for

transportation, the body of any deceased individual unless that body is accompanied by a final

disposition-transit permit issued in accordance with the provisions of this chapter.
N.D. Cent. Code § 23-06.6-03 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-03
23-06.6-03. Who may make an anatomical gift before donor's death
Status: in_force

23-06.6-03. Who may make an anatomical gift before donor's death

Subject to section 23-06.6-07, an anatomical gift of a donor's body or part may be made

during the life of the donor for the purpose of transplantation, therapy, research, or education in

the manner provided in section 23-06.6-04 by:

1. The donor, if the donor is an adult or if the donor is a minor and is:

a. Emancipated; or

b. Authorized under state law to apply for a driver's license because the donor is at

least fourteen years of age;

2. An agent of the donor, unless the power of attorney for health care or other record

prohibits the agent from making an anatomical gift;

3. A parent of the donor, if the donor is an unemancipated minor; or

4. The donor's guardian.
N.D. Cent. Code § 23-41-06 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-06
23-41-06. Duties of human service zones
Status: in_force

23-41-06. Duties of human service zones

A human service zone shall:

1. Cooperate with the department in administering this chapter in its human service zone,

subject to rules adopted by the department.

2. Make surveys and reports regarding children with special health care needs in the

various counties to the department when the department directs and in the way the

department directs.

3. Provide for the transportation of a child with special health care needs to a clinic for

medical examination and to a hospital or a clinic for treatment.
N.D. Cent. Code § 23-13-07 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-07
23-13-07. Overseer of highways to fill wells on state and school lands - Compensation
Status: in_force

23-13-07. Overseer of highways to fill wells on state and school lands -

Compensation.

The overseer of highways shall cause to be filled or covered, as provided in section

23-13-06, any and all wells situated on any United States lands, state lands, or common school

lands within the overseer's district. The overseer shall receive such compensation, payable out

of the road and bridge fund of the township as the board of township supervisors, on

presentation of the overseer's account therefor verified by oath, shall deem reasonable.
N.D. Cent. Code § 23-01-07.2 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-07.2
23-01-07.2. Powers and duties of the central public health laboratory
Status: in_force

23-01-07.2. Powers and duties of the central public health laboratory

The central public health laboratory:

1. Must be maintained for the standard function of diagnostic, sanitary and chemical

examinations, and production and procurement of therapeutic and biological

preparations for the prevention of disease and their distribution for public health

purposes.

2. Shall make bacteriological examination of bodily secretions and excretions and of

waters and foods.

3. Shall make preparations and examinations of pathological tissues submitted by the

state health officer, by any county superintendent of public health, or by any physician

who has been regularly licensed to practice in this state.

4. Shall make all required analyses and preparations, and furnish the results thereof, as

expeditiously and promptly as possible.

5. Shall cause sanitary statistics to be collected and tabulated, and cause to be

ascertained by research work such methods as will lead to the improvement of the

sanitation of the various parts of the state.

6. From time to time, shall cause to be issued bulletins and reports setting forth the

results of the sanitary and pathological work done in the laboratories embodying all

useful and important information resulting from the work carried on in the laboratories

during the year.

7. Shall establish by rule a schedule of reasonable fees that may be charged for

laboratory analysis. A charge may not be made for any analysis conducted in

connection with a public health incident affecting an entire region, community, or

neighborhood.

8. Shall establish a review process for instances in which the department of health and

human services is requested to conduct an epidemiological assessment of a

commercial building.

a. The epidemiological assessment must include:

(1) A statement of whether there are known environmental causes;

(2) If there are known environmental causes identified, a recommendation of

how the causes can be remediated or mitigated; and

(3) If there are no known environmental causes identified, a statement that no

known causes exist.

b. Costs for remediation, mitigation, and consultant services are the responsibility of

the building owner. Proof of remediation of any identified environmental concern

related to the epidemiological assessment is the burden of the building owner.
N.D. Cent. Code § 23-01-05.5 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-05.5
23-01-05.5. Autopsy reports, working papers, and images - Confidential - Exceptions
Status: in_force

23-01-05.5. Autopsy reports, working papers, and images - Confidential - Exceptions

1. As used in this section:

a. "Autopsy report" means the report of the forensic examiner or the examiner's

designee on the post-mortem examination of a deceased individual to determine

the cause and manner of death, including any written analysis, diagram,

photograph, or toxicological test results.

b. "Notes" means the notes or dictations taken or created by the state forensic

examiner or the examiner's designee during the course of an investigation into

the cause and manner of death of a decedent.

c. "Report of death" means the official findings on the cause of death and manner of

death issued by the state forensic examiner, the examiner's designee, county

coroner, or pathologist performing an autopsy ordered by a county coroner or by

the state forensic examiner and which is the face page of the autopsy report

identifying the decedent and stating the cause of death and manner of death.

d. "Working papers" means the medical records, investigatory records, law

enforcement records, and other records or materials collected or compiled by the

state forensic examiner or the examiner's designee and the notes or dictations

created by the state forensic examiner or the examiner's designee during the

course of an investigation into the cause and manner of death of a decedent. The

term does not include autopsy photographs or other visual images or video or

audio recordings of an autopsy taken by the state forensic examiner, the

examiner's designee, prosecutor, criminal justice agency, any employee or agent

of a criminal justice agency, or any other individual, or other photographs or visual

images of the decedent which may have been taken by law enforcement or other

individuals.

2. The report of death is subject to disclosure as follows:

a. If requested before the report of death becomes a public record, the next of kin or

authorized representative requesting the report of death is responsible for

providing to the state forensic examiner or the examiner's designee satisfactory

proof of relationship to the deceased and contact information for notification of the

report of death.

b. When in receipt of the information in subdivision a, the state forensic examiner,

examiner's designee, county coroner, or pathologist who performed the autopsy

shall make a good faith effort to immediately notify the decedent's next of kin or

authorized representative of the availability of the report of death. The notification

or attempts to notify the next of kin or authorized representative must be recorded

and must precede any public disclosure of the report of death.

c. The report of death becomes a public record eight days after the report of death

is finalized.

3. Working papers relating to a final autopsy report may be disclosed in accordance with

section 44-04-18.11 and subsection 5.

4. An autopsy report is confidential and may be disclosed in accordance with section

44-04-18.11 and subsections 5 and 6.

5. The state forensic examiner or the examiner's designee shall disclose a copy of the

autopsy report and working papers to:

a. A county coroner, including a coroner in any state or Canadian province, with

jurisdiction over the death, and the coroner may use or disclose these records for

purposes of an investigation, inquest, or prosecution.

b. A prosecutor or criminal justice agency, as defined by section 44-04-18.7,

including a prosecutor or criminal justice agency of the United States, any state,

or any Canadian province, with jurisdiction over an investigation of the death and

the prosecutor or criminal justice agency may use or disclose these records for

the purposes of an investigation or prosecution.

c. Workforce safety and insurance if the death is related to the decedent's work, and

to any other workers' compensation or other similar program, established by law,

that provides benefits for work-related injuries or illness without regard to fault if

there is no criminal investigation.

d. The child fatality review panel if there is no active criminal investigation.

e. The suicide fatality review commission if there is no active criminal investigation.

f. To the department of corrections and rehabilitation if the decedent was an inmate

in a county, regional, or state correctional facility.

g. In accordance with a court order.

6. If there is no active criminal investigation, the state forensic examiner or the

examiner's designee upon request shall disclose a copy of the autopsy report to:

a. The decedent's personal representative.

b. The decedent's spouse, child eighteen years of age or older, or parent, upon

proof of the relationship.

c. A physician or hospital that treated the decedent immediately before death.

d. An insurance company upon proof the decedent's life was covered by a policy

issued by the company.

e. The food and drug administration, the national transportation safety board, the

occupational health and safety administration, and any other federal or state

agency with authority to obtain an autopsy report to investigate a death resulting

from the decedent's type of injury or illness.

f. A professional or research organization collecting data to initiate or advance

death investigation standards, after the identifiers necessary to create a limited

data set under title 45, Code of Federal Regulations, part 164, section 514,

subsection e have been removed from the report.

g. The maternal mortality review committee.

7. An autopsy photograph or other visual image or a video or audio recording of an

autopsy taken by the state forensic examiner, the examiner's designee, prosecutor,

criminal justice agency, any employee or agent of a criminal justice agency, or any

other individual is confidential and may be disclosed in accordance with section

44-04-18.11 and as provided in this subsection:

a. The state forensic examiner or the examiner's designee shall, upon request,

disclose a copy of autopsy photographs or other visual images or video or audio

recordings of an autopsy to any prosecutor or criminal justice agency as defined

by section 44-04-18.7, including a prosecutor or criminal justice agency of the

United States, any state, or any Canadian province, with jurisdiction over an

investigation of the death and the prosecutor or criminal justice agency may use

or disclose these records for the purposes of an investigation or prosecution.

b. After redacting all information identifying the decedent, including name, address,

and social security number, and anonymizing facial recognition, a medical

examiner, coroner, or physician may use an autopsy photograph, image, or video

or audio recording for:

(1) Medical or scientific teaching or training purposes;

(2) Teaching or training of law enforcement personnel;

(3) Teaching or training of attorneys or others with a bona fide professional

need to use or understand forensic science;

(4) Conferring with medical or scientific experts;

(5) Publication in a scientific or medical journal or textbook; or

(6) Teaching or training of coroner personnel or other licensed or certified

medical professionals.

c. The decedent's spouse, child eighteen years of age or older, or parent, upon

proof of the relationship, may view an autopsy photograph, image, or recording in

the business office of a medical examiner, coroner, or physician who has

possession of the materials, if there is not an active criminal investigation or

prosecution.

d. Upon receipt by the requestor of a court order requiring disclosure and a court-

issued protective order in accordance with section 44-04-18.11, the state forensic

examiner or the examiner's designee shall disclose a copy of autopsy

photographs or other visual images or video or audio recordings of an autopsy to

the decedent's spouse, child eighteen years of age or older, or parent, upon proof

of the relationship.

8. Other photographs or visual images of the decedent in the possession of the forensic

examiner, the examiner's designee, or any county coroner which may have been taken

by law enforcement or other persons are confidential.

9. Notes are confidential records.

10. The forensic examiner, the examiner's designee, any county coroner or county medical

coroner, and any public employee who, in good faith, discloses autopsy findings, an

autopsy report, working papers, autopsy photograph, notes, other photographs or

visual images of a decedent, or a video or audio recording of an autopsy, or other

information relating to an autopsy report or cause of death to a person who the public

official or employee reasonably believes is entitled to that information under this

section is immune from any liability, civil or criminal, for making that disclosure. For the

purposes of any proceeding, the good faith of any public employee who makes a

disclosure under this section is presumed.
N.D. Cent. Code § 23-36-01 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-01
23-36-01. Definitions
Status: in_force

23-36-01. Definitions

As used in this chapter:

1. "Bite" means any penetration of the skin by an animal's teeth.

2. "Clinical signs of rabies" means physical signs or animal behavior that would lead a

reasonably prudent veterinarian to suspect an infection of rabies and the pursuit of a

rabies diagnosis is indicated.

3. "Confinement" means separation of an animal from humans, other than the owner,

caretaker, a member of the owner's family, or the caretaker's employees, and from

other animals, by means of a building, cage, fence, pen, or other secure enclosure that

restricts the animal's movement within definite boundaries and prevents the animal

from exiting the enclosure.

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

5. "Domestic animal" means any dog [canis familiaris], cat [felis domestica], horse, mule,

bovine animal, sheep, goat, bison, llama, alpaca, swine, or captive-bred ferret.

6. "Emergency" means a situation in which an immediate search and seizure of an

animal is necessary and authorized by section 8 of article I of the Constitution of North

Dakota and the fourth amendment to the Constitution of the United States because of

a risk of death or serious bodily injury to a human or another animal.

7. "Euthanasia" means the use of humane techniques to induce the most rapid, painless,

and distress-free death possible in an animal.

8. "Exposure to rabies" means any bite or scratch, and includes any nonbite contact with

an animal, animal tissue, or fluids which is defined as an exposure to rabies by the

federal advisory committee on immunization practices referred to in Public Law

No. 103-66 [107 Stat. 636, 642; 42 U.S.C. 1396s(e)].

9. "Impound" means quarantining an animal at a public pound or an animal facility of a

licensed veterinarian.

10. "Law enforcement officer" has the meaning of that term as set forth in section

12.1-01-04.

11. "Quarantine" means confinement in a fixed area that keeps an exposed animal secure

and segregated from all other animals and individuals so there is no reasonable

possibility of rabies being mechanically transmitted from the confined area.

12. "Vaccinated animal" means an animal that has been vaccinated in compliance with the

2016 compendium of animal rabies control issued by the national association of state

public health veterinarians.

13. "Suspect rabies exposure" means an animal bitten or otherwise exposed to a wild

carnivore, skunk, bat, or an animal, as determined by a veterinarian, which may have

been exhibiting signs of rabies, and a rabies exposure could not be ruled out through

laboratory testing.

14. "Wild animal" means any animal of the class mammalia which is not a domestic animal

and includes any hybrid of a domestic animal and a wild animal regardless of whether

the animal is:

a. Wildlife as defined in section 20.1-01-02; or

b. Held in private ownership.
N.D. Cent. Code § 23-01-20 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-20
23-01-20. Traumatic head injury defined
Status: repealed

23-01-20. Traumatic head injury defined

Repealed by S.L. 1999, ch. 231, § 1.
N.D. Cent. Code § 23-01-05.3 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-05.3
23-01-05.3. Immunization data
Status: in_force

23-01-05.3. Immunization data

1. The department of health and human services may establish an immunization

information system and may require the childhood immunizations specified in

subsection 1 of section 23-07-17.1 and other information be reported to the

department. The department of health and human services may only require the

reporting of childhood immunizations and other data upon completion of the

immunization information reporting system. A health care provider who administers a

childhood immunization shall report the patient's identifying information, the

immunization that is administered, and other required information to the department.

The report must be submitted using electronic media, and must contain the data

content and use the format and codes specified by the department.

2. If a health care provider fails to submit an immunization report required under this

section within four weeks of vaccination:

a. That health care provider may not order or receive any vaccine from the North

Dakota immunization program until that provider submits all reports required

under this section.

b. The department of health and human services shall make a report to that health

care provider's occupational licensing entity outlining that provider's failure to

comply with the reporting requirements under this section.

3. Notwithstanding any other provision of law, a health care provider, elementary or

secondary school, early childhood facility, public or private postsecondary educational

institution, city or county board of health, district health unit, and the department of

health and human services may exchange immunization data in any manner with one

another. Immunization data that may be exchanged under this section is limited to the

date and type of immunization administered to a patient and may be exchanged

regardless of the date of the immunization.

4. The department of health and human services may not create, administer, provide, or

contract for electronic machine-readable code or a vaccine passport.
N.D. Cent. Code § 23-06-19 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-19
23-06-19. Interference with burial of dead limb or member of body - Penalty
Status: in_force

23-06-19. Interference with burial of dead limb or member of body - Penalty

All provisions of this chapter requiring the burial of a dead body or punishing interference

with or injuries to a dead body apply equally to any dead limb or member of a human body,

separated therefrom during lifetime.
N.D. Cent. Code § 23-02.1-13 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-13
23-02.1-13. Birth registration
Status: in_force

23-02.1-13. Birth registration

1. A birth record for each live birth that occurs in this state must be filed with the state

registrar.

2. If a birth occurs in an institution, the person in charge of the institution or a designated

representative shall use the department of health and human services' electronic birth

registration system to report the birth, including all personal and medical facts, to the

state registrar within five days after the birth.

3. If a birth occurs outside an institution, the required forms prescribed by the department

of health and human services must be prepared and filed with the state registrar,

within thirty days of the birth by one of the following in the indicated order of priority:

a. The physician in attendance at or immediately after the birth, or in the absence of

such an individual;

b. Any other individual in attendance at or immediately after the birth, or in the

absence of such an individual; or

c. The father, the mother, or in the absence of the father and the inability of the

mother, the individual in charge of the premises where the birth occurred.

4. If a man and the mother are or have been married or have attempted to marry each

other in apparent compliance with law, although the attempted marriage is or could be

declared invalid, and the child is born during the marriage or attempted marriage, or

within three hundred days after the termination of cohabitation or after the marriage or

attempted marriage is terminated by death, annulment, declaration of invalidity, or

divorce, or after a decree of separation is entered by a court, the name of the man

must be entered on the birth record as the father of the child unless the presumption of

paternity has been rebutted by a court decree.

5. If the child is not born during the marriage of the mother, or within three hundred days

after a marriage is terminated by death, annulment, declaration of invalidity, or divorce,

or after a decree of separation is entered by a court, the name of the father may not be

entered on the birth record unless:

a. After the child's birth, the father and the child's natural mother have married, or

attempted to marry, each other by a marriage solemnized in apparent compliance

with law, although the attempted marriage is or could be declared invalid, and:

(1) He has acknowledged his paternity of the child in writing filed with the state

registrar; or

(2) He is obligated to support the child under a written voluntary promise or by

court order;

b. After the child's birth, the child's natural mother and the father voluntarily

acknowledge the child's paternity on a form prescribed by the department of

health and human services, signed by the child's natural mother and biological

father, and filed with the state registrar; or

c. A court or other entity of competent jurisdiction has adjudicated paternity.

6. If, in accordance with subsections 4 and 5, the name of the father of the child is not

entered on the birth record, the child's surname must be shown on the birth record as

the current legal surname of the mother at the time of birth unless an affidavit or an

acknowledgment of paternity signed by both parents is filed with the department of

health and human services.

7. A birth record must include the designation of the sex of the child which must be either

male or female. An entry of "not yet determined" may not be entered unless the sex

cannot be determined based on the child's nonambiguous sex organs, chromosomes,

and endogenous hormone profiles at birth.
N.D. Cent. Code § 23-17-09 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-09
23-17-09. Information not to be disclosed
Status: in_force

23-17-09. Information not to be disclosed

Information received by the state board of chiropractic examiners through inspections and

authorized under this chapter is confidential and may not be disclosed except in a proceeding

involving the question of licensure.
N.D. Cent. Code § 23-35-05 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-05
23-35-05. Health districts - Expansion - Merger
Status: in_force

23-35-05. Health districts - Expansion - Merger

1. Upon adoption of a resolution, a county that is not included in any public health unit

may request inclusion as a part of an existing health district. Upon receipt of a request

to become part of an existing health district, the district board of health shall consider

the request and, if the board approves the request by a majority vote, shall submit the

matter to each county in the health district. If a majority of the counties approve the

request by a majority vote, the requesting county becomes a part of the health district.

2. Upon expansion of a health district under this section, the number of board of health

members must be adjusted to allow the added county the same proportion of

members allowed to member cities and counties of the existing health district as

determined under this chapter.

3. Any two or more health districts may merge into a single health district upon a majority

vote of the respective boards of health and a majority vote of the governing body of

each county. The assets of each merging health district become the property of the

newly created health district. Board of health membership of a new health district must

be determined under section 23-35-03, unless otherwise decided by the board. The

new health district maintains the same authority and powers of the previous health

districts. The mill levy of the newly created health district is not limited by the old mill

levy but may not exceed the amount allowed under section 23-35-07, unless one or

more of the combining entities was previously levying more than five mills, in which

case the mill levy for property within the former entity that was levying more than five

mills may not exceed the cap, expressed in mills, as previously authorized for that

entity.

4. Upon adoption of a health district plan by two or more counties, the joint board of

county commissioners shall appoint a district board of health.
N.D. Cent. Code § 23-07.6-09 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-09
23-07.6-09. Court findings and orders
Status: in_force

23-07.6-09. Court findings and orders

If the court finds by a preponderance of the evidence that the respondent is infected with a

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

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

public health, the court may order the continued confinement of the respondent under any

conditions and restrictions the court determines appropriate for decontamination, treatment, or

prevention, including remand to the health officer that petitioned the court or issued the original

directive, until the health officer that issued the original written directive for confinement

determines that the respondent's release would not constitute a substantial threat to the public

health, or may order the release of the respondent under any conditions and restrictions the

court determines appropriate to protect the public health. If the court fails to find that the

conditions required for an order for confinement have been proven, the court shall order the

immediate release of the respondent.
N.D. Cent. Code § 23-12-17 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-17
23-12-17. Workplace breastfeeding policies - Infant friendly designation
Status: in_force

23-12-17. Workplace breastfeeding policies - Infant friendly designation

1. An employer may use the designation "infant friendly" on its promotional materials if

the employer adopts a workplace breastfeeding policy that includes the following:

a. Flexible work scheduling, including scheduling breaks and permitting work

patterns that provide time for expression of breast milk;

b. A convenient, sanitary, safe, and private location, other than a restroom, allowing

privacy for breastfeeding or expressing breast milk;

c. A convenient clean and safe water source with facilities for washing hands and

rinsing breast-pumping equipment located in the private location specified in

subdivision b; and

d. A convenient hygienic refrigerator in the workplace for the temporary storage of

the mother's breast milk.

2. The department of health and human services shall establish guidelines for employers

concerning workplace breastfeeding and infant friendly designations.
N.D. Cent. Code § 23-17.4-06 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-06
23-17.4-06. Issuance of license - Renewal
Status: in_force

23-17.4-06. Issuance of license - Renewal

Upon receipt of a completed application for issuance or renewal of a hospice program

license, the department shall issue or renew a license if the department finds the applicant in

compliance with this chapter and the minimum standards established pursuant to this chapter.
N.D. Cent. Code § 23-24-01 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-01
23-24-01. Definitions
Status: in_force

23-24-01. Definitions

As used in this chapter unless the context or subject matter otherwise provides:

1. "Board" means the board of commissioners of a vector control district.

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

3. "Health officer" means the state health officer.

4. "Potential or emergency health hazard" means a potential or existing infestation by

public health vectors that is detrimental to human health and well-being.

5. "Public health vectors" means all species of mosquitoes and flies.
N.D. Cent. Code § 23-07.5-02 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-02
23-07.5-02. Informed consent for testing - Exception
Status: in_force

23-07.5-02. Informed consent for testing - Exception

1. Except when testing is otherwise permitted by law, a health care provider, blood bank,

blood center, or plasma center may not subject an individual who is the source of an

exposure to a test for bloodborne pathogens unless the subject of the test or the

subject's personal representative if the subject is a minor or is incapacitated first

provides informed consent for testing.

2. If an individual who is the source of an exposure has had blood drawn that is available

for testing and the individual has refused to grant consent to have that individual's

blood tested for bloodborne pathogens, that individual's blood may be subjected to a

test for the presence of bloodborne pathogens, without that individual's consent, if a

physician or other qualified health care provider based on available information

determines and certifies in writing that the individual had an exposure and before

testing the test subject is informed that the test subject's blood may be tested for the

presence of bloodborne pathogens; that the test results may not be disclosed without

the test subject's authorization, except to the exposed individual, the individual's health

care provider, and any other person as authorized by law; that if the exposed individual

knows the identity of the test subject, the exposed individual may not disclose the

identity of the test subject except for the purpose of having the test performed; and

that a record of the test results may be kept in the exposed individual's medical record

only if the record does not reveal the test subject's identity. Each exposed individual

who had an exposure and to whom test results are disclosed must first be given a

document indicating the exposed individual's understanding that the exposed

individual may not disclose the test subject's identity and that disclosing this

information constitutes a class C felony.

3. If an individual who is the subject of an exposure is incapable of giving informed

consent for testing under this section, that consent may be obtained from the

individual's personal representative. If an individual who is the subject of an exposure

dies without an opportunity to consent to testing, collection of appropriate specimens

and testing for the presence of bloodborne pathogens must be conducted as soon as

reasonably possible. Results of these tests must be provided to the physician

providing care for the individual who experienced the exposure. If a facility that

received the individual who died fails to test for the presence of bloodborne pathogens

as required under this subsection because the facility was not aware of the exposure

or it was not reasonably possible to conduct testing, the facility shall provide the

physician providing care for the exposed individual or health care provider testing

results of any bloodborne pathogen present in any medical records of the deceased

individual which are in the facility's control as soon as reasonably possible. If there are

no testing results for bloodborne pathogens within that facility and there is reason to

believe that results are available from another facility, the facility that received the

deceased individual shall attempt to obtain testing results of bloodborne pathogens of

the deceased individual as soon as reasonably possible from the facility where it is

believed results exist. The test results must be provided to the physician providing care

for the individual who experienced the exposure.

4. A test for bloodborne pathogens must be conducted according to recommendations of

the United States public health service. Any testing done pursuant to subsection 2 or 3

must be conducted in a reasonably expedient manner. The district court in the county

where the alleged exposure occurred or in which the individual to be tested resides

shall issue an order directing the individual who was the source of an exposure to

have blood drawn to be tested for bloodborne pathogens. An affidavit from a physician

or other qualified health care provider showing that an exposure has occurred is prima

facie evidence of those facts. The affidavit may not be excluded as hearsay if the

affidavit is based on evidence generally relied on by a health care provider, including

statements from the provider's patient. The record of any court hearing conducted

under this subsection is confidential. The court shall issue an order requiring testing

under this subsection if:

a. The court finds probable cause to believe that the individual petitioning for the

testing had an exposure with the test subject;

b. The petition substitutes a pseudonym for the true name of the test subject;

c. The court provides the test subject with notice and reasonable opportunity to

participate in the proceeding if the person is not already a party to the

proceeding;

d. The proceedings are conducted in camera; and

e. The court imposes appropriate safeguards against unauthorized disclosure which

must specify the individuals who have access to the information, the purposes for

which the information may be used, and appropriate prohibition on future

disclosure.

5. If the court issues an order for testing, the court may order the confinement of the test

subject until blood is drawn for testing or issue an order establishing reasonable

security for the individual's attendance at the test site. This order may be modified or

extended.

6. A health care provider who subjects an individual to an exposure must notify the

individual of the exposure. A health care provider witnessing an exposure may report

the exposure pursuant to any appropriate facility or employer guidelines to which the

provider may be subject. The knowing failure to inform an individual of an exposure or

refusal to submit to testing as required under this chapter may be considered by a

health care provider's licensing board to constitute conduct that may subject the

licensee to disciplinary action.

7. The exposed individual shall pay the expense of testing. However, if the exposure

occurs at an employee's workplace, the worker's employer shall pay the expense of

testing unless otherwise provided by subdivision b of subsection 11 of section
N.D. Cent. Code § 23-27.2-01 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-01
23-27.2-01. Definitions
Status: in_force

23-27.2-01. Definitions

As used in this chapter:

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

2. "Distressed ambulance service" means a licensee the department has declared a

distressed ambulance service under section 23-27.2-05.

3. "Emergency medical services plan" or "plan" means a detailed improvement plan for a

distressed ambulance service to deliver sustainable and reliable emergency medical

response and transport services to a patient within an assigned service area.

4. "Licensee" means an emergency medical services operation as defined in section

23-27-02.

5. "Program" means the distressed ambulance service program.
N.D. Cent. Code § 23-10-02.1 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-02.1
23-10-02.1. Department authorized to accept local enforcement and inspection
Status: in_force

23-10-02.1. Department authorized to accept local enforcement and inspection

The department shall accept state, federal, city, or county enforcement of local sanitation,

safety, zoning, and inspection requirements in lieu of the enforcement of sanitation, safety, and

inspection requirements of the department under this chapter if the department determines that

the state, federal, city, or county requirements meet or exceed the requirements of this chapter

and any rules and regulations promulgated under this chapter. Before accepting state, federal,

city, or county enforcement of local requirements, the department shall determine that the state,

federal, city, or county requirements meet or exceed the requirements of this chapter and any

rules and regulations promulgated under this chapter.
N.D. Cent. Code § 23-11-18 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-18
23-11-18. Planning, zoning, and building laws
Status: in_force

23-11-18. Planning, zoning, and building laws

All housing projects of an authority are subject to the planning, zoning, sanitary, and building

laws, ordinances, and regulations applicable in the locality in which the housing project is

situated. In the planning and location of any housing project, an authority shall take into

consideration the relationship of the project to any larger plan or long-range program for the

development of the area in which the housing authority functions.
N.D. Cent. Code § 23-10-10 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-10
23-10-10. Posting rules and regulations
Status: in_force

23-10-10. Posting rules and regulations

The owner or manager of a licensed mobile home park, recreational vehicle park, or

campground conspicuously shall post or distribute a digital or hard copy of the relevant rules

and regulations to each tenant in the park. Material required to be distributed or posted under

this section must be provided by the department free of charge.
N.D. Cent. Code § 23-06-08 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-08
23-06-08. Final disposition-transit permit - Contents
Status: in_force

23-06-08. Final disposition-transit permit - Contents

The final disposition-transit permit must be on the form prescribed by the state registrar of

vital statistics, must be signed by the subregistrar issuing it, and may be limited to a statement

by the subregistrar showing:

1. That a satisfactory death record has been filed with the state registrar as required by

law.

2. That permission is granted to inter, remove, or otherwise dispose of as authorized by

law the body of the deceased.

3. The name, age, and sex of the deceased and any other necessary details.
N.D. Cent. Code § 23-10-12 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-12
23-10-12. Revocation or suspension of license - Penalty for operating without license
Status: in_force

23-10-12. Revocation or suspension of license - Penalty for operating without license

1. The department may deny an application or take disciplinary action, up to and

including suspension or revocation of a license for a mobile home park, recreational

vehicle park, or campground, against any applicant or licensee upon the failure of the

applicant or licensee to comply with this chapter or with any of the rules and

regulations promulgated by the department.

2. Before the department takes disciplinary action against a license, the department shall

notify the licensee in writing of the reason disciplinary action is being considered and

shall provide thirty days for correction to be made. If the licensee demonstrates a

good-faith effort to comply, the department may grant additional time before further

enforcement action is taken. Action taken under the authority granted in this section

must comply with chapter 28-32. Any person who maintains or operates a mobile

home park, recreational vehicle park, or campground without first obtaining a license,

or who operates the same during suspension of the license, is guilty of an infraction.

3. The department may assess a civil penalty of one hundred dollars per day against a

person who maintains or operates a mobile home park, recreational vehicle park, or

campground without first obtaining a license. The civil penalty may not exceed

ten thousand dollars. The proceeds of the civil penalty must be transferred to the

department's general operating fund.
N.D. Cent. Code § 23-17-08 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-08
23-17-08. Establishment of advisory committee
Status: in_force

23-17-08. Establishment of advisory committee

The chiropractic board of examiners shall request the governor to appoint an advisory

committee consisting of the commissioner of the department of health and human services or

designee, one chiropractic hospital superintendent, and one person interested in chiropractic

hospitals. One member is to serve for three years, one for two, and one is to serve for one year

from the date of their appointment or until their successors are duly appointed. Following this

first appointment, the term of office must be for three years. This advisory committee shall act in

an advisory capacity to the chiropractic board of examiners in dealing with matters pertaining to

particular problems of chiropractic hospitals and sanatoriums and other related institutions.
N.D. Cent. Code § 23-17.4-08 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-08
23-17.4-08. Rules and standards
Status: in_force

23-17.4-08. Rules and standards

1. The department shall adopt rules establishing minimum standards for hospice

programs, including:

a. Compliance with the standards of section 23-17.4-07.

b. The number and qualifications of persons providing direct hospice services.

c. The qualifications of those persons or entities contracted with to provide indirect

hospice services.

d. Palliative and supportive care and bereavement counseling provided to hospice

patients and their families.

e. Hospice services provided on an inpatient basis.

f. Utilization review of hospice patient care.

g. The quality of care provided to hospice patients.

h. Procedures for the accurate and centralized maintenance of records on hospice

services provided to hospice patients and their families.

i. The use of volunteers in the hospice program, and the training of those

volunteers.

j. The rights of the hospice patient and the hospice patient's family.

2. To avoid duplication in rules, the department shall incorporate rules applicable to

facilities licensed by the state as hospitals, skilled nursing homes, intermediate care

facilities, and organizations licensed by the state as home health agencies which are

also applicable to hospice programs in the rules to govern hospices. A person who

seeks to license, establish, or operate a hospice program and who has a pre-existing

valid license to operate a hospital, skilled nursing home, intermediate care facility, or

home health agency is in compliance with those rules which are applicable to both a

hospice and the facility for which it has a license.
N.D. Cent. Code § 23-17-06 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-06
23-17-06. State chiropractic board of examiners to issue licenses
Status: in_force

23-17-06. State chiropractic board of examiners to issue licenses

The state chiropractic board of examiners is hereby authorized to issue licenses to operate

chiropractic hospitals and sanatoriums or other related institutions as herein defined, which,

after inspection are to comply with the provisions of this chapter, and any regulations adopted

by said state board of examiners. All decisions of this board may be reviewed in the district court

in the county in which such institution is located or contemplated. The state board of chiropractic

examiners is hereby authorized to suspend or revoke a license issued hereunder, on any of the

following grounds:

1. Violation of any of the provisions of this chapter or the rules and regulations issued

pursuant thereto.

2. Permitting, aiding, or abetting the commission of any illegal act in such institution.

3. Conduct or practices detrimental to the welfare of the patient of said institution.

Provided that before any such license issued hereunder is suspended or revoked, thirty days'

written notice must be given the holder thereof of the date set for hearing of the complaint. The

holder of such license must be furnished with a copy of said complaint and is entitled to be

represented by legal counsel at such hearing. Such notice must be given by the state board of

chiropractic examiners by registered or certified mail. If a license is revoked as herein provided,

a new application for license may be considered by the state chiropractic board of examiners

when, and after, the conditions upon which revocation was based have been corrected and

evidence of this fact has been satisfactorily furnished. A new license may then be granted after

proper inspection has been made and all provisions of this chapter and rules and regulations

hereunder as heretofore and hereinafter provided have been complied with.
N.D. Cent. Code § 23-07-22 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-22
23-07-22. Suicide fatality review commission
Status: in_force

23-07-22. Suicide fatality review commission

1. The commissioner of the department of health and human services shall appoint the

members of the suicide fatality review commission and select the presiding officer from

the membership. Members serve at the pleasure of the commissioner. The

commissioner may invite a temporary member based on the member's relevant

expertise for a particular case. Commission membership may include representatives

of the following:

a. A mental health practitioner from the public sector;

b. A mental health practitioner from the private sector;

c. A county coroner;

d. A public health epidemiologist;

e. The state forensic examiner;

f. The forensic pathology department at the university of North Dakota school of

medicine and health sciences;

g. An emergency medical services provider;

h. A crisis line;

i. A public elementary or secondary school;

j. A veterans organization;

k. A national suicide prevention organization;

l. The faith community;

m. Law enforcement; and

n. One or more tribal nations in the state.

2. The commission shall review suicide deaths that have occurred in the state with the

goal of:

a. Identifying the risk factors, protective factors, systems, and services involved in

each case;

b. Recommending policies, protocols, and other actions to improve community,

service, and system responses to individuals at risk of suicide; and

c. Providing consultation and coordination for agencies involved in the prevention

and investigation of suicide.

3. In conducting the duties of the commission, the commission may investigate and

review the facts and circumstances of all deaths that occur in the state as a result of

suicide, focusing on system and process issues not the performance of individuals. All

deaths by suicide may be reviewed; however, all deaths may not be reviewed with the

same level of intensity.

a. The review may include necessary and appropriate information the commission

determines to be relevant to the review, including laws and policies, actions taken

by persons related to or involved with the incident, and confidential and other

appropriate records of an organization related to the suicide.

b. Upon the written request of the presiding officer of the commission, a health care

facility and health care provider shall disclose all patient records of the facility or

provider which are requested by the commission and pertain to an identified

suicide fatality, as permitted under federal law. The presiding officer may request

records from the most recent thirty-six month period. The commission may

access relevant autopsy records, police records, school records, child protective

services records, and adult protective services records as needed for a case

review.

c. The determinations, conclusions, and recommendations of the commission are

not admissible in a civil or criminal proceeding.

4. The department of health and human services shall notify the commission of suicide

deaths for which the investigation of a county coroner or law enforcement has been

completed. Notwithstanding confidentiality provisions of chapter 23-07, the department

of health and human services shall disclose to the commission records regarding

suicide fatalities in the state.

5. Notwithstanding section 50-25.1-04.5, the commission may coordinate with the child

fatality review panel in conducting the duties of the commission.

6. The commission shall meet at least two times per year. Notwithstanding section

44-04-19, all meetings of the commission are closed to the public. Notwithstanding

section 44-04-18, all records of the commission are confidential, except for annual

reports. The commission and each member of the commission shall preserve the

confidentiality of each record examined.

7. Before January thirty-first of each year, the commission shall provide the

commissioner of the department of health and human services with an annual report

from the previous calendar year of the commission's findings and recommendations.

The report may not disclose personally identifiable information regarding suicide

fatalities. The department shall post the report on the department's website.

8. The department of health and human services shall provide or arrange for

administrative services to assist the commission in performing the duties of the

commission which may include collecting and managing case review files, maintaining

records and data, training on confidentiality and the suicide critical risk assessment

process, and issuing the annual report of the commission.

9. A state employee who is a member of the commission is entitled to receive that

employee's regular salary while performing official duties of the commission and is

entitled to mileage and expense reimbursement as provided for under sections

44-08-04 and 54-06-09, to be paid by the employing entity. A member of the

commission who is not a state employee is entitled to mileage and expense

reimbursement as provided for under sections 44-08-04 and 54-06-09, to be paid by

the department of health and human services. The department may provide per diem

to a member who is not a state employee.
N.D. Cent. Code § 23-09-05 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-05
23-09-05. Fire escapes to be kept clear - Notice of location and use of fire escapes required
Status: in_force

23-09-05. Fire escapes to be kept clear - Notice of location and use of fire escapes

required.

Access to fire escapes required under this chapter must be kept free and clear at all times

of all obstructions of any nature. The proprietor of the lodging establishment or assisted living

facility shall provide for adequate exit lighting and exit signs as defined in the state building

code, chapter 54-21.3, and state fire code, chapter 18-01.
N.D. Cent. Code § 23-51-08 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-08
23-51-08. Annual state report
Status: in_force

23-51-08. Annual state report

1. The committee's annual state report must include the identification of patterns, trends,

and policy issues related to maternal mortality, but may not disclose personally

identifiable information.

2. The committee shall provide the annual state report to the legislative management, the

department of health and human services, the North Dakota society of obstetricians

and gynecologists, and other entities as determined necessary by the committee to

facilitate the objectives of the committee. The committee's findings and

recommendations must be made available to health care providers and the public.
N.D. Cent. Code § 23-16-06 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-06
23-16-06. Authority to issue, deny, suspend, or revoke licenses
Status: in_force

23-16-06. Authority to issue, deny, suspend, or revoke licenses

1. The department of health and human services shall issue licenses for the operation of

institutions subject to this chapter which are found to comply with the provisions of this

chapter and rules adopted by the department. The department of health and human

services may suspend or revoke licenses issued hereunder on any of the following

grounds:

a. Violation of any of the provisions of this chapter or the rules and regulations

promulgated pursuant thereto.

b. Permitting, aiding, or abetting the commission of any unlawful act.

c. Conduct or practices detrimental to the health or safety of patients and

employees of said institutions; provided that this provision may not be construed

to have any reference to practices authorized by law; and provided further that no

license may be suspended or revoked for any trivial violation.

2. No application for a license may be denied, or any licenses suspended or revoked,

except after a written notice to the applicant or licensee, served by registered or

certified mail, which notice must concisely state the grounds for such denial or for such

proposed suspension or revocation.
N.D. Cent. Code § 23-06.6-13 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-13
23-06.6-13. Rights and duties of procurement organization and others
Status: in_force

23-06.6-13. Rights and duties of procurement organization and others

1. When a hospital refers an individual at or near death to a procurement organization,

the organization shall make a reasonable search of the records of the department of

transportation and any donor registry that it knows exists for the geographical area in

which the individual resides to ascertain whether the individual has made an

anatomical gift.

2. A procurement organization must be allowed reasonable access to information in the

records of the department of transportation to ascertain whether an individual at or

near death is a donor.

3. When a hospital refers an individual at or near death to a procurement organization,

the organization may conduct any reasonable examination necessary to ensure the

medical suitability of a part that is or could be the subject of an anatomical gift for

transplantation, therapy, research, or education from a donor or a prospective donor.

During the examination period, measures necessary to ensure the medical suitability

of the part may not be withdrawn unless the hospital or procurement organization

knows that the individual expressed a contrary intent or the measures are contrary to

reasonable medical standards.

4. Unless prohibited by law other than this chapter, at any time after a donor's death, the

person to which a part passes under section 23-06.6-10 may conduct any reasonable

examination necessary to ensure the medical suitability of the body or part for its

intended purpose.

5. Unless prohibited by law other than this chapter, an examination under subsection 3 or

4 may include an examination of all medical and dental records of the donor or

prospective donor.

6. Upon the death of a minor who was a donor or had signed a refusal, unless a

procurement organization knows the minor is emancipated, the procurement

organization shall conduct a reasonable search for the parents of the minor and

provide the parents with an opportunity to revoke or amend the anatomical gift or

revoke the refusal.

7. Upon referral by a hospital under subsection 1, a procurement organization shall make

a reasonable search for any person listed in section 23-06.6-08 having priority to make

an anatomical gift on behalf of a prospective donor. If a procurement organization

receives information that an anatomical gift to any other person was made, amended,

or revoked, it shall promptly advise the other person of all relevant information.

8. Subject to subsection 9 of section 23-06.6-10 and section 23-06.6-22, the rights of the

person to which a part passes under section 23-06.6-10 are superior to the rights of all

others with respect to the part. The person may accept or reject an anatomical gift in

whole or in part. Subject to the terms of the document of gift and this chapter, a person

that accepts an anatomical gift of an entire body may allow embalming, burial or

cremation, whole-body donation to a school of medicine, and use of remains in a

funeral service. If the gift is of a part, the person to which the part passes under

section 23-06.6-10, upon the death of the donor and before embalming, burial, whole-

body donation to a school of medicine, or cremation, shall cause the part to be

removed without unnecessary mutilation.

9. Neither the physician who attends the decedent at death nor the physician who

determines the time of the decedent's death may participate in the procedures for

removing or transplanting a part from the decedent.

10. A physician or technician may remove a donated part from the body of a donor which

the physician or technician is qualified to remove.
N.D. Cent. Code § 23-01-07 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-07
23-01-07. Structure of department
Status: repealed

23-01-07. Structure of department

Repealed by S.L. 1993, ch. 218, § 10.
N.D. Cent. Code § 23-12-03 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-03
23-12-03. Use of public drinking cup prohibited - Penalty
Status: in_force

23-12-03. Use of public drinking cup prohibited - Penalty

Any person in charge of any:

1. Public conveyance;

2. Passenger terminal building;

3. Public, parochial, or private school, or other educational institution; or

4. Public building

who furnishes or permits the common use of public drinking cups in such place is guilty of an

infraction.
N.D. Cent. Code § 23-11-14 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-14
23-11-14. Rentals and tenant selection
Status: in_force

23-11-14. Rentals and tenant selection

In the operation or management of housing projects, an authority at all times shall observe

the following duties with respect to rentals and tenant selection:

1. The authority may rent or lease the dwelling accommodations in the project solely to

persons of low or moderate income.

2. The authority may rent or lease the dwelling accommodations in the project solely at

rentals within the financial reach of persons of low or moderate income.

3. The authority may rent or lease to a tenant dwelling accommodations consisting solely

of the number of rooms which the authority determines necessary to provide safe and

sanitary accommodations to the proposed occupants, without overcrowding.

4. The authority may not accept persons of low income as a tenant in any housing project

if the individual or family who would occupy the dwelling accommodations has an

aggregate annual income in excess of five times the annual rental of the quarters to be

furnished the individual or family. In computing the rental for this purpose, there must

be included in the rental the average annual cost to the occupant, as determined by

the authority, of heat, water, electricity, gas, cooking, and other necessary services or

facilities, whether the charge for the services and facilities is in fact included in the

rental.

5. The authority shall prohibit subletting by tenants.
N.D. Cent. Code § 23-17-05 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-05
23-17-05. Inspections
Status: in_force

23-17-05. Inspections

Every building, institution, or establishment for which a license has been issued under this

chapter must be periodically inspected by sanitary engineers and firefighters who shall report as

to safety of the institution to the state chiropractic board of examiners which board shall also

inspect the institution under the rules to be established by said board of examiners. No

institution of any kind licensed pursuant to the provisions of this chapter may be required to be

licensed or inspected under the laws of this state relating to hotels, restaurants, or

lodginghouses.
N.D. Cent. Code § 23-06-04 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-04
23-06-04. Time within which final disposition must be made - Exceptions
Status: in_force

23-06-04. Time within which final disposition must be made - Exceptions

1. The dead body of a human being must be disposed of by the person charged with that

duty within eight days after the death of such person except when any of the following

occur:

a. The right to dissect the body is expressly conferred by law.

b. The body is being carried through this state.

c. The body is being removed from this state for the purpose of final disposition in

some other state.

d. A permit is obtained from the local health officer or the department of health and

human services allowing a longer time during which the body need not be

disposed. The permit shall state the additional length of time during which the

body need not be disposed.

e. The body is being stored for an extended period of time in a vault determined

suitable by the department of health and human services, but the body may not

be stored in a vault for a period of more than eight days during the months of

June through October unless a permit is obtained from the local health officer or

the department of health and human services.

2. The date of final disposition must be the date of the committal service or date of

placement in a storage vault or school of medicine.
N.D. Cent. Code § 23-01-35 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-35
23-01-35. Tattooing, body piercing, branding, subdermal implants, or scarification - License - Fee - Adoption of rules - Exemptions - Injury reports - Penalty
Status: in_force

23-01-35. Tattooing, body piercing, branding, subdermal implants, or scarification -

License - Fee - Adoption of rules - Exemptions - Injury reports - Penalty.

1. As used in this section:

a. "Body piercing" means any method of piercing the skin or mucosa to place

jewelry through the skin or mucosa.

b. "Branding" means the process in which a mark or marks are burned into human

skin tissue with the intention of leaving a permanent mark.

c. "Scarify" or "scarification" means the practice in which a mark or marks are cut

into human skin tissue with the intention of leaving a permanent mark.

d. "Subdermal implant" means to insert a foreign object beneath the skin to

decorate an individual's body.

e. "Tattoo" or "tattooing" means any method of placing ink or other pigment into or

under the skin or mucosa by the aid of needles or any other instrument used to

puncture the skin, resulting in permanent coloration of the skin or mucosa. This

term includes all forms of cosmetic tattooing.

2. A person may not operate a facility providing tattooing, body piercing, branding,

subdermal implant, or scarification services without a license issued by the department

under this section.

a. An applicant for a license shall submit an application for a license to the

department, on a form provided by the department, with a license fee established

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

address and street address of the facility and any other information reasonably

required by the department for the administration of this section.

b. The department shall inspect each facility to ensure compliance with this section

and any rules adopted by the department prior to issuing a license. The operator

of a facility shall grant the department access to the premises of a facility during

normal hours of operation, including access to customer and personnel records.

The inspection must be conducted at a frequency determined by the department

and as often as necessary to ensure compliance with this section and any rules

adopted by the department.

c. The holder of a license shall display the license in a conspicuous place at the

facility for which the license is issued.

d. A license issued under this section expires annually. Within sixty days after

December thirty-first, an expired license may be renewed by submitting the

renewal application, renewal fee, and a late fee established by the department by

rule.

e. The license may not be transferable from one place or person to another.

3. The department shall adopt rules to regulate any person that receives compensation

for engaging in the practice of tattooing, body piercing, branding, subdermal implants,

or scarification. The rules must establish health and safety requirements and

limitations with respect to the age of an individual who may receive a tattoo, body

piercing, scarification, branding, or subdermal implants and may prohibit any practice

that the department deems unsafe or a threat to public health.

4. A facility is exempt from subsection 2 if the facility provides body piercing that is limited

to the piercing of the noncartilaginous perimeter or lobe of the ear and the facility does

not provide tattooing, branding, scarification, or subdermal implants. A person is

exempt from regulation under subsection 3 if the person's practice under this section is

limited to piercing of the noncartilaginous perimeter or lobe of the ear. A licensed

health care professional acting within that professional's scope of practice and the

associated medical facility are exempt from this section.

5. If a customer of a facility regulated under this section reports to the facility an injury the

customer or operator of the facility believes to have resulted from the tattooing, body

piercing, branding, subdermal implanting, or scarification provided at the facility, the

operator of the facility shall provide the customer with written information on how to

report the alleged injury to the department. If a licensed health care professional treats

a patient for an injury the professional determines, in the exercise of professional

judgment, occurred as a result of a service regulated under this section, the

professional shall report the circumstances to the department. A licensed health care

professional is immune from liability for making or not making a report under this

subsection.

6. The fees established by the department must be based on the cost of conducting plan

reviews, conducting routine and complaint inspections and enforcement actions, and

preparing and sending license renewals. Fees collected under this section must be

deposited in the department's operating fund in the state treasury and any expenditure

from the fund is subject to appropriation by the legislative assembly. The department

shall waive all or a portion of the fee for any facility that is subject to local jurisdiction.

7. A person operating a facility providing tattooing, body piercing, branding, subdermal

implant, or scarification services without first obtaining a license issued by the

department under this section is guilty of a class B misdemeanor.

8. An individual that receives compensation for engaging in the practice of tattooing,

body piercing, branding, subdermal implant, or scarification services who fails to

comply with this section or any of the rules adopted by the department is guilty of a

class B misdemeanor.

9. In addition to the criminal penalties provided in this section, the department may issue

a cease and desist order or obtain a court order or injunction to restrain and enjoin

violations of any provision of this section without proof of actual damages sustained by

an individual and without the department being required to file an undertaking.

10. The department may deny a license application or, after notice and a hearing in

accordance with chapter 28-32, suspend, revoke, or take other disciplinary action

against the license of an individual who fails to comply with this section or with any of

the rules adopted by the department.
N.D. Cent. Code § 23-21.1-12 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-12
23-21.1-12. Severability
Status: in_force

23-21.1-12. Severability

If any provision of this chapter or the application thereof to any person or circumstance is

held invalid, such invalidity does not affect other provisions or applications of this chapter which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.
N.D. Cent. Code § 23-09.3-08 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-08
23-09.3-08. Records kept by basic care facility
Status: in_force

23-09.3-08. Records kept by basic care facility

A record of every individual admitted to any basic care facility must be kept at the place

licensed by the owner or manager in the manner and form prescribed by the department.
N.D. Cent. Code § 23-11-28 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-28
23-11-28. Exemption of real property from execution sale
Status: in_force

23-11-28. Exemption of real property from execution sale

All real property of an authority, including an authority created under Indian laws recognized

by the federal government, is exempt from levy and sale by virtue of an execution, and no

execution or other judicial process may issue against the same nor may any judgment against

any authority be a charge or lien upon its real property. The provisions of this section, however,

do not apply to nor limit the right of obligees to foreclose or otherwise enforce any mortgage of

an authority or the right of an obligee to pursue any remedies for the enforcement of any pledge

or lien given by an authority on its rents, fees, or revenues.
N.D. Cent. Code § 23-21.1-11 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-11
23-21.1-11. Representations as to speculative investment prohibited
Status: in_force

23-21.1-11. Representations as to speculative investment prohibited

No organization subject to the provisions of this chapter nor any person representing it may

advertise or represent, in connection with the sale or attempted sale of any interment space,

that the same is or will be a desirable speculative investment for resale purposes.
N.D. Cent. Code § 23-15-01 — ND Code / Title 23 / Chapter 23-15 / Section 23-15-01
23-15-01. Fireworks defined - Sale of fireworks
Status: in_force

23-15-01. Fireworks defined - Sale of fireworks

1. The term fireworks means any combustible or explosive composition, or any

substance or combination of substances or article prepared for the purpose of

producing a visible or an audible effect by combustion, explosion, deflagration, or

detonation. The term includes any blank cartridge, toy pistol, toy cannon, toy cane, or

toy gun in which an explosive other than a toy paper cap is used; balloon that requires

fire underneath to propel the balloon; firecracker, torpedo, skyrocket, Roman candle,

daygo bomb, sparkler, or other item of like construction; item containing any explosive

or flammable compound; or any tablet or other device containing any explosive

substance. This section does not apply to any toy paper cap containing not more than

twenty-five hundredths of a grain [16.20 milligrams] of explosive composition per cap.

2. Any person operating a retail business and who has a retail license as provided in

section 23-15-04 may offer for sale and sell at retail that year, to any individual who is

at least twelve years of age, only during the periods of June twenty-seventh through

July fifth and December twenty-sixth through January first, the following items:

a. A star light, with wood spike cemented in one end, total pyrotechnic composition

not to exceed twenty grams each in weight (10 ball). However, a person may not

offer to sell or offer to distribute a skyrocket, customarily known as a bottle rocket,

if the outside diameter of the casing is less than five-eighths inch [15.875

millimeters] and the length of the casing is less than three and one-half inches

[88.9 millimeters].

b. A helicopter type flyer, total pyrotechnic composition not to exceed twenty grams

each in weight.

c. A cylindrical fountain, total pyrotechnic composition not to exceed seventy-five

grams each in weight. The inside tube diameter may not exceed three-fourths

inch [19.05 millimeters].

d. A cone fountain, total pyrotechnic composition not to exceed fifty grams each in

weight.

e. A wheel, total pyrotechnic composition not to exceed sixty grams in weight, for

each driver unit, but there may be any number of drivers on any one wheel. The

inside bore of a driver tube may not be over one-half inch [12.7 millimeters].

f. An illuminating torch or a colored fire in any form, total pyrotechnic composition

not to exceed one hundred grams each in weight.

g. A sparkler or a dipped stick, total pyrotechnic composition not to exceed one

hundred grams each in weight. Pyrotechnic composition containing any chlorate

may not exceed five grams.

h. A comet or shell, of which the mortar is an integral part, except a comet or shell

designed to produce an audible effect, total pyrotechnic composition not to

exceed forty grams each in weight.

i. A soft shell firecracker not to exceed one and one-half inches [38.1 millimeters] in

length and one-fourth inch [6.35 millimeters] in diameter, total pyrotechnic

composition not to exceed fifty milligrams each in weight.

j. A whistle without report, total pyrotechnic composition not to exceed forty grams

each in weight.
N.D. Cent. Code § 23-01-10 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-10
23-01-10. Office space
Status: in_force

23-01-10. Office space

The state shall provide suitable office space in Bismarck for housing and maintaining the

department of health and human services. Special fireproof vaults must be provided for the

storage of birth and death certificates.
N.D. Cent. Code § 23-27.1-08 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-08
23-27.1-08. Adverse actions
Status: in_force

23-27.1-08. Adverse actions

1. A home state shall have exclusive power to impose adverse action against an

individual's license issued by the home state.

2. If an individual's license in any home state is restricted or suspended, the individual is

not eligible to practice in a remote state under the privilege to practice until the

individual's home state license is restored.

a. All home state adverse action orders must include a statement that the

individual's compact privileges are inactive. The order may allow the individual to

practice in remote states with prior written authorization from both the home state

and remote state's emergency medical services authority.

b. An individual currently subject to adverse action in the home state may not

practice in any remote state without prior written authorization from both the

home state and remote state's emergency medical services authority.

3. A member state shall report adverse actions and any occurrences that the individual's

compact privileges are restricted, suspended, or revoked to the commission in

accordance with the rules of the commission.

4. A remote state may take adverse action on an individual's privilege to practice within

that state.

5. Any member state may take adverse action against an individual's privilege to practice

in the member state based on the factual findings of another member state, so long as

each state follows its own procedures for imposing such adverse action.

6. A home state's emergency medical services authority shall investigate and take

appropriate action with respect to reported conduct in a remote state as it would if

such conduct had occurred within the home state. In such cases, the home state's law

shall control in determining the appropriate adverse action.

7. Nothing in this compact may override a member state's decision that participation in an

alternative program may be used in lieu of adverse action and that such participation

must remain nonpublic if required by the member state's laws. Member states must

require individuals who enter any alternative programs to agree not to practice in any

other member state during the term of the alternative program without prior

authorization from such other member state.
N.D. Cent. Code § 23-13-02.7 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.7
23-13-02.7. Plans and specifications
Status: in_force

23-13-02.7. Plans and specifications

Plans and specifications for any new self-service dispensing facility must be submitted to

the fire marshal for approval. This does not include conversion of existing facilities for

dispensing of motor fuel to self-service dispensing facilities.
N.D. Cent. Code § 23-07-16.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-16.1
23-07-16.1. School district to adopt policy relating to significant contagious diseases
Status: in_force

23-07-16.1. School district to adopt policy relating to significant contagious diseases

Each school district shall adopt a policy governing the disposition of children attending

school within the school district, employees of the school district, or independent contractors

under contract with the school district who are diagnosed as having a significant contagious

disease. The state department of health shall, with advice from the superintendent of public

instruction, adopt rules establishing guidelines for the policy. The guidelines may include

methods and procedures relating to a determination of whether and under what conditions a

child with a significant contagious disease may not continue attending school or whether and

under what conditions an employee or an independent contractor with a significant contagious

disease may not continue in a work assignment.
N.D. Cent. Code § 23-23.1-02 — ND Code / Title 23 / Chapter 23-23.1 / Section 23-23.1-02
23-23.1-02. Disciplinary action for administering or prescribing laetrile subject to finding of harmfulness
Status: in_force

23-23.1-02. Disciplinary action for administering or prescribing laetrile subject to

finding of harmfulness.

No physician may be subject to disciplinary action by the North Dakota board of medicine

for prescribing or administering amygdalin to a patient under the physician's care who has

requested the substance unless the board, in a hearing conducted pursuant to chapter 28-32,

has made a formal finding that the substance is harmful.
N.D. Cent. Code § 23-06.5-01 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-01
23-06.5-01. Statement of purpose
Status: in_force

23-06.5-01. Statement of purpose

Every competent adult has the right and responsibility to make the decisions relating to the

adult's own health care, including the decision to have health care provided, withheld, or

withdrawn. The purpose of this chapter is to enable adults to retain control over their own health

care during periods of incapacity through health directives and the designation of an individual

to make health care decisions on their behalf. This chapter does not condone, authorize, or

approve mercy killing, or permit an affirmative or deliberate act or omission to end life, other

than to allow the natural process of dying.
N.D. Cent. Code § 23-27-03 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-03
23-27-03. License fees
Status: in_force

23-27-03. License fees

The fee for an emergency medical services operation license to operate an emergency

medical services operation or a substation ambulance services operation must be set at a sum

of not more than twenty-five dollars annually, as may be required to defray the costs of

administration of the licensing program. This operation license fee does not apply to licensure or

certification of emergency medical services personnel. All license fees must be paid to the

department of health and human services and deposited with the state treasurer and credited to

the state general fund.
N.D. Cent. Code § 23-10.1-01 — ND Code / Title 23 / Chapter 23-10.1 / Section 23-10.1-01
23-10.1-01. Definitions
Status: in_force

23-10.1-01. Definitions

For purpose of this chapter:

1. "Commissioner" means the commissioner of the department.

2. "Department" means the department of health and human services.
N.D. Cent. Code § 23-01-37 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-37
23-01-37. Survey program - Health care facilities construction or renovation projects - Innovation waivers - Continuing appropriation
Status: in_force

23-01-37. Survey program - Health care facilities construction or renovation projects -

Innovation waivers - Continuing appropriation.

1. The department of health and human services shall conduct a life safety survey

process for all health care facilities licensed by the department of health and human

services during and at the conclusion of a construction, renovation, or construction and

renovation project.

a. In conducting a survey under this section, if the department uses a third party to

review construction and renovation plans, the licensed provider shall negotiate

and approve the price of the review services, the department shall contract with

the third party, and the licensed provider shall pay the department for the review

services.

b. The department shall deposit in the department's operating account any

payments received from a licensed provider under subdivision a. There is

appropriated to the department on a continuing basis any funds deposited under

subdivision a for the purpose of paying a third-party reviewer.

2. The department of health and human services may charge a reasonable fee for the

review of plans for construction, renovation, or construction and renovation projects

performed under this section based on the size of the project. Revenues derived from

the fees collected under this subsection must be deposited in the department's

operating fund in the state treasury.

3. The department of health and human services shall make an initial determination on a

construction, renovation, or construction and renovation project of:

a. No more than one million dollars within twenty-eight days of receipt of a complete

application;

b. More than one million dollars but no more than four million dollars within forty-two

days of receipt of a complete application;

c. More than four million dollars, and less than fifteen million dollars, within fifty-six

days of receipt of a complete application; and

d. More than fifteen million dollars by notifying the applicant of the time the

department will require to complete the review, allowing the applicant to

determine whether to use a third-party reviewer.

4. Following an initial determination under subsection 3, the department of health and

human services shall make any followup determination on a construction, renovation,

or construction and renovation project within fourteen days of receipt of the licensed

provider's response to the initial determination.

5. The department of health and human services may approve a request for a waiver of a

state law or rule relating to an innovative construction, renovation, or construction and

renovation project if the lack of compliance does not adversely affect health or safety.

6. The department of health and human services shall design and operate the program in

a manner that will provide that the surveyor that performs a life safety survey under

this section does not violate the federal requirements associated with

Medicare-certified life safety surveys.
N.D. Cent. Code § 23-01-29 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-29
23-01-29. Bone marrow donor education
Status: in_force

23-01-29. Bone marrow donor education

The department of health and human services shall provide information and educational

materials to the public regarding bone marrow donation through the national marrow donor

program. The department shall seek assistance from the national marrow donor program to

establish a system to distribute materials, ensure that the materials are updated periodically,

and address the education and recruitment of minority populations.
N.D. Cent. Code § 23-17.4-03 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-03
23-17.4-03. Scope of license
Status: in_force

23-17.4-03. Scope of license

A hospice program license is valid only for the premises, person, or facility named in the

application for license and is not transferable or assignable. The license must be renewed

annually. The license must be displayed in a conspicuous place inside the hospice program

office.
N.D. Cent. Code § 23-23-03 — ND Code / Title 23 / Chapter 23-23 / Section 23-23-03
23-23-03. Enforcement by department - Seizure - Inspection - Injunction
Status: in_force

23-23-03. Enforcement by department - Seizure - Inspection - Injunction

It is the duty of the department of health and human services to enforce the provisions of

this chapter, and for that purpose the investigators, inspectors, representatives, and agents of

the department of health and human services shall have the full power and authority of peace

officers in this state, and shall have the power and authority to administer oaths, to enter upon

premises at all times for the purpose of making inspections, to seize evidence, to interrogate all

persons, and to require the production of books, papers, documents, or other evidence. The

department of health and human services may institute, in its own name, proceedings to enjoin

and restrain violations of this chapter, regardless of whether the defendant has been convicted

of violation of the penal provisions thereof, and may not be required to pay any costs or filing

fees or furnish any bond in connection therewith.
N.D. Cent. Code § 23-27.1-01 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-01
23-27.1-01. Purpose
Status: in_force

23-27.1-01. Purpose

To protect the public through verification of competency and ensure accountability for

patient care-related activities all states license emergency medical services personnel, such as

emergency medical technicians, advanced emergency medical technicians, and paramedics.

This compact is intended to facilitate the day-to-day movement of emergency medical services

personnel across state boundaries in the performance of their emergency medical services

duties as assigned by an appropriate authority and authorize state emergency medical services

offices to afford immediate legal recognition to emergency medical services personnel licensed

in a member state. This compact recognizes states have a vested interest in protecting the

public's health and safety through their licensing and regulation of emergency medical services

personnel and state regulation shared among the member states will best protect public health

and safety. This compact is designed to achieve the following purposes and objectives:

1. Increase public access to emergency medical services personnel;

2. Enhance the states' ability to protect the public's health and safety, especially patient

safety;

3. Encourage the cooperation of member states in the areas of emergency medical

services personnel licensure and regulation;

4. Support licensing of military members who are separating from an active duty tour and

their spouses;

5. Facilitate the exchange of information between member states regarding emergency

medical services personnel licensure, adverse action, and significant investigatory

information;

6. Promote compliance with the laws governing emergency medical services personnel

practice in each member state; and

7. Invest all member states with the authority to hold emergency medical services

personnel accountable through the mutual recognition of member state licenses.
N.D. Cent. Code § 23-11-04 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-04
23-11-04. When authority conclusively deemed established
Status: in_force

23-11-04. When authority conclusively deemed established

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any

contract of the authority, the authority must be conclusively deemed to have become

established and authorized to transact business and exercise its powers hereunder upon proof

of the adoption of a resolution by the governing body of the city or county declaring the need for

the authority. Such resolution must be deemed sufficient if it declares that there is need for an

authority and finds that either or both of the conditions enumerated in section 23-11-03 exist in

the city or county, as the case may be. A copy of the resolution, duly certified by the auditor of

the city or county, is admissible in evidence in any suit, action, or proceeding.
N.D. Cent. Code § 23-06-29 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-29
23-06-29. Penalty for violating provisions relating to dissections and general penalty
Status: in_force

23-06-29. Penalty for violating provisions relating to dissections and general penalty

Every person who violates any provision of this chapter relative to the dissection of dead

bodies of human beings, or who makes or procures to be made any dissection of the body of a

human being except by authority of law or in pursuance of permission given in accordance with

the provision of this chapter, is guilty of a class B misdemeanor. Every person who violates any

provision of this chapter for the violation of which another penalty is not specifically provided is

guilty of an infraction.
N.D. Cent. Code § 23-01.1-07 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-07
23-01.1-07. Civil penalty
Status: repealed

23-01.1-07. Civil penalty

Repealed by S.L. 2013, ch. 207, § 6.
N.D. Cent. Code § 23-11-01 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-01
23-11-01. Definitions
Status: in_force

23-11-01. Definitions

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

1. "Area of operation" includes:

a. In the case of a housing authority of a city having a population of less than fifteen

thousand inhabitants, the city and the area within five miles [8.05 kilometers] of

the territorial boundaries of the city, but does not include any area that is within

the territorial boundaries of another city.

b. In the case of a housing authority of a city having a population of fifteen thousand

inhabitants or more, the city and an area within ten miles [16.10 kilometers] of the

territorial boundaries of the city, but does not include any area that is within the

territorial boundaries of another city.

c. In the case of a housing authority of a county, all of the county except that portion

that is within the territorial boundaries of any city.

2. "Auditor" means the city auditor or the county auditor, as appropriate.

3. "Authority" or "housing authority" means any of the public corporations created by

section 23-11-02.

4. "Bonds" means any bonds, notes, certificates, debentures, or other obligations issued

by an authority under this chapter.

5. "City" means any city having a population of more than five thousand inhabitants

according to the last federal census and "the city" means the particular city for which a

particular housing authority is created, except that it does not mean a city that has

agreed to or will so elect to participate in a county housing authority pursuant to

section 54-40-08, provided that any city with less than five thousand population which

has an activated city housing authority prior to July 1, 1971, or a city with less than five

thousand population which has determined a shortage of safe or sanitary dwelling

accommodations in the city pursuant to section 23-11-03, must be included within this

definition.

6. "County" means any county in this state and "the county" means the particular county

for which a particular housing authority is created.

7. "Federal government" includes the United States of America and any agency or

instrumentality, corporate or otherwise, of the United States of America.

8. "Governing body" means, in the case of a city, the city council or the board of city

commissioners, as appropriate, and in the case of a county, the board of county

commissioners.

9. "Housing project" may be applied to the planning of the buildings and improvements,

the acquisition of property, the demolition of existing structures, the construction,

reconstruction, alteration, and repair of the improvements, and all other work in

connection with the same and means any work or undertaking:

a. To demolish, clear, or remove buildings from any slum area, and the work or

undertaking may embrace the adaption of the area to public purposes, including

parks or other recreational or community purposes;

b. To provide or assist in providing decent, safe, and sanitary urban or rural housing

dwellings, apartments, or other living accommodations and related facilities for

persons of low or moderate income in need of housing, including single-family

and multifamily residential units designed and financed under this chapter. This

work or undertaking may include the planning of buildings and improvements,

land, equipment, facilities, and the acquisition of real or personal property that

may be needed immediately or in the future for housing purposes, the

construction, reconstruction, alteration and repair of new or existing buildings,

and the provisions of all equipment, facilities, and other real or personal property

for necessary, convenient, or desirable appurtenances, streets, sewers, water

service, parks, site preparations, landscaping, gardening, administrative,

community, health, recreational, educational, welfare, or other purposes; or

c. To accomplish a combination of any of the foregoing projects.

10. "Mayor" means the mayor of the city or the president of the board of city

commissioners, as appropriate.

11. "Obligee of the authority" or "obligee" includes any bondholder, trustee for any

bondholders, or lessor demising to the authority property used in connection with a

housing project, or any assignee of a lessor's interest, or of any part of an interest, and

the federal government when it is a party to any contract with the authority.

12. "Persons of low income" means individuals or families who lack the amount of income

which is necessary, as determined by the authority undertaking the housing project, to

enable them, without financial assistance, to live in decent, safe, and sanitary

dwellings without overcrowding.

13. "Persons of moderate income" means individuals or families whose income is not

adequate without governmental assistance to cause private enterprise to provide a

substantial supply of decent, safe, and sanitary housing at rents or prices within their

financial means.

14. "Real property" includes land, including improvements and fixtures on the land and

property of any nature appurtenant to the land or used in connection with the land, and

every estate, interest, and right, legal or equitable, in the land, including terms for

years and liens by way of judgment, mortgage, or otherwise and the indebtedness

secured by the liens.

15. "Slum" means any area where dwellings predominate which by reason of dilapidation,

overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary

facilities, or by reason of any combination of these factors are detrimental to safety,

health, and morals.
N.D. Cent. Code § 23-36-02 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-02
23-36-02. Policy - Local authority
Status: in_force

23-36-02. Policy - Local authority

1. The department shall establish a rabies control program that must place primary

emphasis on human exposure to rabies.

2. The department shall consider national peer-reviewed recommendations for the

control of rabies during the development of the department's rabies control program.

3. This chapter may not be construed to limit the authority of any local agency to control

or prevent rabies, and, upon request, the department may assist any local agency in

rabies control and prevention activities, but the fact that possible rabies exposure is

subject to a local ordinance does not limit the department's authority under this

chapter.

4. This chapter may not be construed to limit a law enforcement officer's ability to

immediately seize, humanely kill, and request the testing of an animal for rabies if

emergency circumstances exist that endanger human health or safety.
N.D. Cent. Code § 23-39-02.1 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-02.1
23-39-02.1. License fees
Status: in_force

23-39-02.1. License fees

The fees established by the department must be based on the cost of conducting routine

and complaint inspections, enforcement actions, and preparing and sending license renewals.

License fees collected pursuant to this chapter 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 license fee for any

tanning facility that is subject to local jurisdiction.

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 § 23-02.1-10 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-10
23-02.1-10. Payment of fees to the local registrar
Status: repealed

23-02.1-10. Payment of fees to the local registrar

Repealed by S.L. 2007, ch. 234, § 29.
N.D. Cent. Code § 23-38.1-03 — ND Code / Title 23 / Chapter 23-38.1 / Section 23-38.1-03
23-38.1-03. Gifts, grants, and donations - Continuing appropriation
Status: in_force

23-38.1-03. Gifts, grants, and donations - Continuing appropriation

The department of health and human services may accept any gifts, grants, or donations,

whether conditional or unconditional. The department or local grantees may contract public or

private entities and may expend any available moneys to obtain matching funds for the

purposes of this chapter. All moneys received by the department of health and human services

as gifts, grants, or donations under this section are appropriated on a continuing basis to the

department's operations fund for the purpose of funding the grant program.
N.D. Cent. Code § 23-11-35 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-35
23-11-35. Definitions
Status: in_force

23-11-35. Definitions

As used in sections 23-11-31 to 23-11-36:

1. "Administration" means any and all undertakings necessary for management,

operation, or maintenance, in connection with any project, and includes the leasing of

any project, in whole or in part, from the federal government.

2. "Development" means any and all undertakings necessary for the planning, land

acquisition, demolition, financing, construction, or equipment in connection with a

project, including the negotiation or award of contracts therefor, and includes the

acquisition of any project, in whole or in part, from the federal government.

3. "Federal government" means the United States of America or any agency or

instrumentality, corporate or otherwise, of the United States of America.

4. "Housing authority" means any housing authority established or hereafter established

pursuant to the provisions of this chapter.

5. "Persons engaged in national defense activities" includes enlisted men in the military

and naval services of the United States, employees of the war and navy departments

assigned to duty at military or naval reservations, posts, or bases, and workers

engaged or to be engaged in industries connected with and essential to the national

defense program, and includes the families of the aforesaid persons who are living

with them.

6. "Persons of low income" means persons or families who lack the amount of income

which is necessary, as determined by the housing authority undertaking the housing

project, to enable them, without financial assistance, to live in decent, safe, and

sanitary dwellings, without overcrowding.

7. "Veteran" means a person, as defined by section 37-01-40, who may be eligible under

the terms of sections 23-11-31 through 23-11-34 for aid or assistance.

The development of a project must be deemed to be initiated if a housing authority has issued

any bonds, notes, or other obligations with respect to financing the development of such project

of the authority, or has contracted with the federal government with respect to the exercise of

powers hereunder in the development of such project of the federal government for which an

allocation of funds has been made during the existence of this chapter.
N.D. Cent. Code § 23-17-11 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-11
23-17-11. Acceptance of federal funds, supplies, and equipment for chiropractic hospitals
Status: in_force

23-17-11. Acceptance of federal funds, supplies, and equipment for chiropractic

hospitals.

The state board of chiropractic examiners is hereby authorized and empowered for, and on

behalf of, the chiropractic profession and their patients in the state of North Dakota to accept

any funds or grants through appropriate channels and any supplies and equipment which may

be made available to this state for hospital facilities, goods, and services.
N.D. Cent. Code § 23-27-04.2 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.2
23-27-04.2. Emergency medical services - State assistance
Status: in_force

23-27-04.2. Emergency medical services - State assistance

The department of health and human services shall assist in the training of emergency

medical services personnel of certain emergency medical services operations as determined by

the department and financially shall assist certain emergency medical services operations as

determined by the department. Assistance provided under this section must be within the limits

of legislative appropriation. The department shall adopt criteria for eligibility for assistance in the

training of emergency medical services personnel of various types of emergency medical

services operations. The department may establish minimum and maximum amounts of

financial assistance to be provided to an emergency medical services operation under this

section. If applications for financial assistance exceed the amount of allocated and available

funds, the department may prorate the funds among the applicants in accordance with criteria

adopted by the department. No more than one-half of the funds appropriated by the legislative

assembly each biennium and allocated for training assistance may be distributed in the first year

of the biennium. 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 § 23-07.1-07 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-07
23-07.1-07. Sheriff's execution of state health officer's final order
Status: repealed

23-07.1-07. Sheriff's execution of state health officer's final order

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-07.1-08 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-08
23-07.1-08. Hearing - Order
Status: repealed

23-07.1-08. Hearing - Order

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-07.1-01 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-01
23-07.1-01. Declaration of legislative intent
Status: repealed

23-07.1-01. Declaration of legislative intent

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-16-01.1 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-01.1
23-16-01.1. Moratorium on expansion of long-term care bed capacity
Status: in_force

23-16-01.1. Moratorium on expansion of long-term care bed capacity

1. Notwithstanding sections 23-16-06 and 23-16-10, except when a facility reverts basic

care beds to nursing facility beds or relicenses nursing facility beds delicensed after

July 31, 2011, nursing facility beds may not be added to the state's licensed bed

capacity during the period between August 1, 2025, and July 31, 2029. A nursing

facility may not delicense nursing facility bed capacity, relicense nursing facility bed

capacity, convert licensed nursing bed capacity to basic care bed capacity, revert

licensed basic care bed capacity back to nursing facility bed capacity, or otherwise

reconfigure licensed nursing facility bed capacity more than two times in a

twelve-month period.

2. Transfer of licensed nursing facility bed capacity from a nursing facility to another

entity is permitted. The nursing facility may transfer the bed capacity either as nursing

facility bed capacity or basic care bed capacity. Transferred bed capacity must become

licensed by an entity within seventy-two months of transfer. Bed capacity transferred

as basic care bed capacity may not be reverted to nursing facility bed capacity at any

time. A receiving entity may transfer the received bed capacity to another entity within

the seventy-two-month period originally established at the time the nursing facility first

transferred the licensed nursing facility bed capacity. The subsequent receiving entity

must license the received bed capacity within the seventy-two-month period originally

established at the time of the first transfer.

3. A nursing facility may convert licensed nursing facility bed capacity to basic care. If the

converted beds remain in the same facility and are not transferred, the beds may

revert to nursing facility status after one year of licensure as basic care beds.

4. Nursing facility beds that are converted to basic care may be transferred as basic care

beds. However, upon the transfer, the basic care beds may not be relicensed as

nursing facility beds.

5. If a federally recognized tribal nation acquires nursing facility beds, the tribal facility

must meet state licensing requirements for those beds within seventy-two months of

acquisition. A tribal facility may seek to participate in the medical assistance programs.

Medical assistance payments may only be made to a Medicaid certified tribal facility

that agrees to participate and adhere to all federal and state requirements of the

medical assistance program, including participation, screening, ratesetting, and

licensing requirements.

6. A nursing facility, upon prior written notice to the department of health and human

services, may delicense a maximum of thirty percent of its licensed nursing facility bed

capacity and have the delicensed nursing facility held for a period of forty-eight

months. The total delicensed nursing facility bed capacity that may be held for a

nursing facility at no time may be greater than fifty percent of the number of currently

licensed beds in the nursing facility. Delicensed nursing facility bed capacity in excess

of fifty percent of the nursing facility's licensed capacity may not be held and is not

eligible for the provisions of subsection 7. Delicensed bed capacity not sold or

relicensed at the conclusion of the forty-eight-month holding period ceases to exist.

7. During the forty-eight-month holding period established at the time of delicensure,

delicensed nursing facility bed capacity that is being held for the nursing facility may

be:

a. Relicensed by the nursing facility. Relicensing of nursing facility bed capacity may

not occur for six months from the time of delicensure.

b. Transferred to another entity as nursing facility bed capacity or basic care bed

capacity. The receiving entity must license the transferred bed capacity as the

type of bed capacity transferred within a seventy-two-month period established at

the time of transfer. Bed capacity transferred as basic care bed capacity may not

be reverted to nursing facility bed capacity at any time. A receiving entity may

transfer the received bed capacity to another entity within the seventy-two-month

period established at the time of transfer. The subsequent receiving entity must

license the received bed capacity within the seventy-two-month period

established at the time of transfer.

c. Licensed as basic care beds by the same facility. If the licensed basic care beds

remain in the same facility and are not transferred, the beds may be reverted to

licensed nursing facility bed capacity after twelve months.

8. Notwithstanding any other provision of this section, a nursing facility bed transferred

before July 1, 2019, must be relicensed by the receiving entity within a

seventy-two-month period established at the time of transfer.

9. Notwithstanding any other provision of this section, a nursing facility bed in the

layaway program before July 1, 2019, may remain in the program for forty-eight

months from the time the bed was first laid away.
N.D. Cent. Code § 23-09-16.1 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-16.1
23-09-16.1. License renewal
Status: in_force

23-09-16.1. License renewal

1. A license issued under this chapter expires on December thirty-first of each year.

2. A license may be renewed by December thirty-first by submitting a renewal application

and a renewal fee established by the department by rule, provided the licensee is in

compliance with this chapter and any rules established by the department.

3. If the renewal application and renewal fee are not received by December thirty-first,

the license expires and the licensee may not operate.

4. Within sixty days after December thirty-first, an expired license may be renewed by

submitting the renewal application, renewal fee, and a late fee established by the

department by rule. The late fee is equal to fifty-percent of the license fee.

5. If the renewal application, renewal fee, and late fee are not received within sixty days

after December thirty-first, the license may not be renewed, and the applicant shall

apply and meet the requirements for licensure to be granted a license.

6. The department may extend the renewal deadlines for an application providing proof

of hardship rendering the applicant unable to meet the deadline.
N.D. Cent. Code § 23-06.5-13 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-13
23-06.5-13. Presumptions and application
Status: in_force

23-06.5-13. Presumptions and application

1. Unless a court of competent jurisdiction determines otherwise, the appointment of an

agent in a health care directive executed pursuant to this chapter takes precedence

over any authority to make medical decisions granted to a guardian pursuant to

2. To the extent that health care directives conflict, the instrument executed later in time

controls.

3. The principal is presumed to have the capacity to execute a health care directive and

to revoke a health care directive, absent clear and convincing evidence to the contrary.

4. A health care provider or agent may presume that a health care directive is legally

sufficient absent actual knowledge to the contrary. A health care directive is presumed

to be properly executed, absent clear and convincing evidence to the contrary.

5. An agent and a health care provider acting pursuant to the direction of an agent are

presumed to be acting in good faith, absent clear and convincing evidence to the

contrary.

6. A health care directive is presumed to remain in effect until the principal modifies or

revokes it, absent clear and convincing evidence to the contrary.

7. This chapter does not create a presumption concerning the intention of an individual

who has not executed a health care directive and does not impair or supersede any

right or responsibility of an individual to consent, refuse to consent, or withdraw

consent to health care on behalf of another in the absence of a health care directive.

8. A copy of a health care directive is presumed to be a true and accurate copy of the

executed original, absent clear and convincing evidence to the contrary, and must be

given the same effect as an original.

9. Death resulting from the withholding or withdrawal of health care pursuant to a health

care directive in accordance with this chapter does not constitute, for any purpose, a

suicide or homicide.

10. The making of a health care directive under this chapter does not affect in any manner

the sale, procurement, or issuance of any policy of life insurance or annuity, nor does it

affect, impair, or modify the terms of an existing policy of life insurance or annuity. A

policy of life insurance or annuity is not legally impaired or invalidated in any manner

by the withholding or withdrawal of health care from an insured principal,

notwithstanding any term to the contrary.

11. A person may not prohibit or require the execution of a health care directive as a

condition for being insured for, or receiving, health care services.

12. This chapter does not affect the right of a patient to make decisions regarding use of

health care, so long as the patient is able to do so, or impair or supersede any right or

responsibility that a person has to effect the provision, withholding, or withdrawal of

health care.

13. Health care directives prepared under this chapter which direct the withholding of

health care do not apply to emergency treatment performed in a prehospital situation.
N.D. Cent. Code § 23-10.1-05 — ND Code / Title 23 / Chapter 23-10.1 / Section 23-10.1-05
23-10.1-05. Accounting
Status: in_force

23-10.1-05. Accounting

Upon termination of the receivership, the receiver shall render a complete accounting to the

court and shall dispose of surplus funds as the court directs.
N.D. Cent. Code § 23-51-05 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-05
23-51-05. Confidentiality
Status: in_force

23-51-05. Confidentiality

1. Notwithstanding section 44-04-19, all portions of a meeting of the committee during

which the committee reviews maternal mortality and severe maternal morbidity are

closed to the public. Notwithstanding section 44-04-18, all documentation and reports

of the committee which are related to committee review of maternal deaths are

confidential, except for the annual state report, which may not disclose personally

identifiable information of decedents. Records deemed confidential under this section

are not discoverable as evidence.

2. All proceedings and activities of the committee under this chapter; committee

members' opinions formed as a result of the proceedings and activities; and records

obtained, created, or maintained under this chapter, including records of interviews,

written reports, and statements procured by the department, the committee, or any

other person acting jointly or under contract with the department or committee in

connection with requirements of this chapter, are confidential and not subject to

section 44-04-18, or subject to subpoena, discovery, or introduction into evidence in

any civil or criminal proceeding. This section may not be construed to limit or restrict

the right to discover or use information or records available from another source and

independent of the proceedings of the committee in any civil or criminal proceeding.
N.D. Cent. Code § 23-17.7-03 — ND Code / Title 23 / Chapter 23-17.7 / Section 23-17.7-03
23-17.7-03. License issuance and renewal - Evaluation and inspection - Rules
Status: in_force

23-17.7-03. License issuance and renewal - Evaluation and inspection - Rules

1. Upon receipt of an initial or renewal license application on forms established by the

department, the department or the department's authorized representative shall

evaluate and inspect the residential end-of-life facility. The department shall issue or

renew a license for an applicant that submits a complete application, submits the

appropriate fee, and meets the minimum requirements of this chapter.

2. In consultation with stakeholders, the department shall adopt rules:

a. For the application, issuance, and renewal of a license under this chapter;

b. Establishing minimum standards for licensure of a residential end-of-life facility;

and

c. Establishing the fee for issuance of a license and renewal of a license of a

residential end-of-life facility.
N.D. Cent. Code § 23-48-04 — ND Code / Title 23 / Chapter 23-48 / Section 23-48-04
23-48-04. Access to investigational drugs, biological products, and devices
Status: in_force

23-48-04. Access to investigational drugs, biological products, and devices

An official, employee, or agent of this state may not block or attempt to block an eligible

patient's access to an investigational drug, biological product, or device. Counseling, advice, or

a recommendation consistent with medical standards of care from a licensed health care

provider is not a violation of this section. This section does not require payment for experimental

drugs under this state's medical assistance program or from other payer sources.
N.D. Cent. Code § 23-02.1-27 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-27
23-02.1-27. Disclosure of records
Status: in_force

23-02.1-27. Disclosure of records

Birth, death, and fetal death records, filings, data, or other information related to birth,

death, and fetal death records are confidential and may not be disclosed except as authorized

under this chapter. The state registrar shall restrict access to all vital records to protect vital

records from loss, mutilation, or destruction and to prevent disclosure of the information

contained in these records except as authorized under this chapter.

1. A certified copy of a birth record may be issued to the individual named on the record if

that individual is at least sixteen years old, to a parent named on the record, to an

authorized representative, to a homeless youth agency, or by the order of a court of

competent jurisdiction. If the individual named on a birth record is deceased, a certified

copy of that record may also be issued to a relative. If the date of birth on any birth

record is more than one hundred and twenty-five years old, that record is an open

record and a certified copy may be issued to anyone, except that adoption records

remain confidential.

2. A certified copy of a complete death record may be issued to a relative, an authorized

representative, the child fatality review board, a licensed physician, or a genetic sibling

for the purposes of researching family medical history; a funeral director, coroner,

medical examiner, or state forensic examiner reporting the facts of death; the

commissioner of veterans' affairs for a death record of an individual designated as

having served in the United States armed forces; a person with personal or real

property interests that depend upon information contained in the complete death

record; or by the order of a court of competent jurisdiction, and may include the cause

of death and the social security number. A certified copy of the facts of death record

that includes the facts of death and the social security number may be issued to any

person that may obtain a certified copy of a complete death record or to any licensed

attorney who requires the copy for a bona fide legal determination. A certified copy of

an informational death record may be issued to the general public, but the copy may

not contain the cause of death or the social security number.

3. A certified copy of a fetal death record may be issued to a parent named on the record,

an authorized representative, or by the order of a court of competent jurisdiction. A

person authorized to receive a certified copy of a fetal death record may request the

certified copy be issued in the form of a certification of birth resulting in stillbirth.

4. A noncertified informational copy of a marriage record may be issued to the general

public.

5. A person authorized to receive a certified copy of any specific record may grant

another person the same authority by completing a written authorization on a form

prescribed by the state department of health.

6. The department of health and human services may grant limited access to birth and

death information to divisions and programs of the department of health and human

services, the department of transportation, the protection and advocacy project, and

the information technology department necessary for the purpose of completing their

respective official duties.

7. The department of health and human services may issue, through electronic means

determined by the department of health and human services, verifications of

information contained on birth or death records filed with the state registrar when such

information is provided and a verification is requested by a governmental agency,

whether foreign or domestic, in the conduct of the agency's official duties. The

department of health and human services may also issue these electronic verifications

for a negotiated and agreed-upon fee to:

a. Benefit-paying parties, such as annuity companies, pension plans, and life

insurance companies, that demonstrate a need for such information to determine

whether the benefits the benefit-paying party are paying should be terminated or

distributed to a beneficiary;

b. Physicians licensed to practice in the United States who demonstrate such

information is needed to determine whether a patient the physician is treating has

been lost to care;

c. Attorneys licensed to practice in the United States who demonstrate that the

information is necessary to administer the attorneys' client's estate; or

d. Other entities for fraud prevention as determined by the state registrar.
N.D. Cent. Code § 23-02.1-17 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-17
23-02.1-17. Court reports of adoption
Status: in_force

23-02.1-17. Court reports of adoption

1. For each adoption decreed by any court in this state, the court shall require the

preparation of a report of adoption on a form prescribed and furnished by the state

registrar. The report must include such facts as are necessary to locate and identify

the birth record for the person adopted; provide information necessary to establish a

new birth record for the person adopted; and must identify the order of adoption and

be certified by the clerk of court.

2. Information in the possession of the petitioner necessary to prepare the adoption

report must be furnished with the petition for adoption by each petitioner for adoption

or petitioner's attorney. The department of health and human services or other persons

concerned shall supply the court with such additional information as may be necessary

to complete the report. The provision of such information is a prerequisite to the

issuance of a final decree.

3. Whenever an adoption decree is amended or annulled, the clerk of court shall prepare

a report thereof, which must include the facts necessary to identify the original

adoption report and the facts amended in the adoption decree as are necessary to

properly amend the birth record.

4. Not later than the fifth day of each calendar month, the clerk of court shall forward to

the state registrar reports of decrees of adoptions, annulment of adoption, or

amendments thereof entered in the preceding month, together with such related

reports as the state registrar shall require.

5. When the state registrar shall receive a report of adoption or annulment of adoption or

amendment thereof from a court for a person born in the United States but outside this

state, such report must be forwarded to the appropriate registration authority in the

state of birth.
N.D. Cent. Code § 23-01-04.3 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-04.3
23-01-04.3. Alternative health care services pilot project - Application - Notice - Hearing - Approval - Duration
Status: in_force

23-01-04.3. Alternative health care services pilot project - Application - Notice -

Hearing - Approval - Duration.

1. At any time that the health care needs of a city, township, or other geographic area are

not being adequately met, any person may apply to the department of health and

human services for approval to conduct an alternative health care services pilot

project. The application must address the need for and benefits of the pilot project. It

must also contain a detailed description of the nature and scope of the project, quality

control, organization, accountability, responsibility, and financial feasibility.

2. Upon receipt of an application under subsection 1, the department of health and

human services shall schedule a public hearing, send notice to all interested parties,

and give public notice of the hearing by publication in the official newspaper of each

county in the pilot project area. At the hearing, the department of health and human

services shall accept written and oral testimony. The department of health and human

services shall review the application and all testimony presented at the hearing and

approve, disapprove, or modify and approve the application based on criteria

established by the department of health and human services. The criteria must

address the availability and use of health personnel, facilities, and services.

3. Notwithstanding any other provisions of law, upon approval of an application submitted

under subsection 1, the department of health and human services, in consultation with

the state health officer and any other public or private entity consulted by the

department of health and human services, shall set the standards for the delivery of

health care services by the pilot project. The standards may not adversely affect the

state's participation in federal Medicare and Medicaid programs. No more than three

separate projects may be operational at any time and no project may be operational

for longer than five years.
N.D. Cent. Code § 23-07-01 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-01
23-07-01. Department - Collection of public health information
Status: in_force

23-07-01. Department - Collection of public health information

The department of health and human services shall designate the diseases or conditions

that must be reported. Such diseases or conditions may include contagious, infectious, sexually

transmitted, or chronic diseases or any illness or injury which may have a significant impact on

public health. The department of health and human services shall maintain a uniform statewide

population-based registry system for the collection of data pertaining to the incidence,

prevalence, risk factors, management, survival, mortality, and geographic distribution of cancer

and reportable benign tumors.
N.D. Cent. Code § 23-01-39 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-39
23-01-39. Immunization program - Provider choice - Purchasing
Status: in_force

23-01-39. Immunization program - Provider choice - Purchasing

1. As used in this section:

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

b. "North Dakota immunization advisory committee" means the group of private

health care providers, local public health units, department staff, and other

applicable individuals which makes immunization and vaccine selection

recommendations to the North Dakota immunization program.

c. "North Dakota immunization program" means the program administered by the

department to provide vaccinations to North Dakota children consistent with state

and federal law.

d. "Program-eligible child" means any child, who is under nineteen years of age,

whose custodial parent or legal guardian resides in this state.

e. "Vaccine" means any vaccine recommended by the federal advisory committee

on immunization practices of the centers for disease control and prevention.

f. "Vaccines for children program" is a federally funded program that provides

vaccines at no cost to eligible children pursuant to section 1928 of the Social

Security Act [42 U.S.C. 1396s].

2. As part of the North Dakota immunization program:

a. The department shall implement a provider choice system as part of the state's

implementation of the vaccines for children program. This provider choice system

must provide a health care provider participating in the state's vaccines for

children program or in any other immunization program for children, adolescents,

or adults which is administered through the state using federal or state funds,

may select any licensed vaccine, including combination vaccines, and any

dosage forms that have in effect a recommendation from the federal advisory

committee on immunization practices. This subsection does not apply in the

event of a shortage or delay in vaccine availability, disaster, public health

emergency, terrorist attack, hostile military or paramilitary action, or extraordinary

law enforcement emergency.

b. The department may establish a program through which the department

purchases vaccines through the federal vaccine purchasing contract.

(1) The department shall supply public health units with the purchased

vaccines. A public health unit that receives vaccines under this subdivision

shall administer the vaccines to program-eligible children.

(2) A public health unit that receives vaccines under this purchasing program

may not bill an insurer for the cost of the vaccine but may charge an

administration fee.

(3) The department shall fund this purchasing program through participation in

the vaccines for children program, the federal section 317 vaccine program,

and state funds appropriated for this purpose. If it appears there will be

inadequate funds to fund this purchasing program, the department shall

petition the emergency commission for a transfer from the state contingency

fund. The emergency commission may grant the transfer request, or so

much thereof as may be necessary, to fund this purchasing program.
N.D. Cent. Code § 23-27.1-11 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-11
23-27.1-11. Coordinated database
Status: in_force

23-27.1-11. Coordinated database

1. The commission shall provide for the development and maintenance of a coordinated

database and reporting system containing licensure, adverse action, and significant

investigatory information on all licensed individuals in member states.

2. Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the coordinated database on all individuals to whom this

compact is applicable as required by the rules of the commission, including:

a. Identifying information;

b. Licensure data;

c. Significant investigatory information;

d. Adverse actions against an individual's license;

e. An indicator that an individual's privilege to practice is restricted, suspended, or

revoked;

f. Nonconfidential information related to alternative program participation;

g. Any denial of application for licensure, and the reason for such denial; and

h. Other information that may facilitate the administration of this compact, as

determined by the rules of the commission.

3. The coordinated database administrator shall promptly notify all member states of any

adverse action taken against, or significant investigative information on, any individual

in a member state.

4. Member states contributing information to the coordinated database may designate

information that may not be shared with the public without the express permission of

the contributing state.

5. Any information submitted to the coordinated database that is subsequently required

to be expunged by the laws of the member state contributing the information must be

removed from the coordinated database.
N.D. Cent. Code § 23-34-05 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-05
23-34-05. Liability of health care provider to patient
Status: in_force

23-34-05. Liability of health care provider to patient

This chapter does not relieve any health care provider of any liability that the provider has

incurred or may incur to a patient as a result of furnishing health care services to the patient.
N.D. Cent. Code § 23-11-03 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-03
23-11-03. When resolution declaring housing authority to be necessary shall be adopted
Status: in_force

23-11-03. When resolution declaring housing authority to be necessary shall be

adopted.

1. The governing body of the city or county, as appropriate, shall adopt a resolution

declaring that there is need for a housing authority in the city or county if the governing

body finds that unsanitary or unsafe inhabited dwelling accommodations exist in the

city or county, or that there is a shortage of safe or sanitary dwelling accommodations

in the city or county available to persons of low or moderate income at rentals they can

afford to pay.

2. In determining whether dwelling accommodations are unsafe or unsanitary, the

governing body may take into consideration the degree of overcrowding, the

percentage of land coverage, the light, air, space, and access available to the

inhabitants of the dwelling accommodations, the size and arrangement of the rooms,

the sanitary facilities, and the extent to which conditions which endanger life or

property by fire or other causes exist in the buildings.
N.D. Cent. Code § 23-02.1-19 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-19
23-02.1-19. Death registration
Status: in_force

23-02.1-19. Death registration

1. A death record for each death that occurs in this state must be filed with the state

registrar in accordance with the rules and regulations set forth by the department of

health and human services using the electronic death registration system. All

registration and issuing of copies of death records will be completed by the department

of health and human services.

2. The funeral director shall obtain the facts of death from the next of kin or the best

qualified individual or source available and must file the facts of death information

using the electronic death registration system within three days after assuming

custody of the dead body. The funeral director shall obtain the medical certification of

death from the individual responsible for the medical certification.

3. The medical certification must be completed and filed using the electronic death

registration system within ten days after death by the physician, physician assistant, or

nurse practitioner in charge of the patient's care for the illness or condition which

resulted in death except when inquiry is required by the local health officer or coroner.

4. When death occurred without medical attendance or when inquiry is required by the

local health officer or coroner, the county coroner shall investigate the cause of death,

and shall obtain medical information about the individual from the individual's medical

records or last-known physician or physician assistant, and shall complete and file the

medical certification within ten days after taking charge of the case using the electronic

death registration system.

5. If the cause of death cannot be determined within ten days after death, the medical

certification may be filed after the prescribed period, in accordance with rules adopted

by the department of health and human services. The attending physician, physician

assistant, nurse practitioner, or coroner shall give the funeral director in custody of the

body notice of the reason for the delay and final disposition may not be made until

authorized by the attending physician, physician assistant, nurse practitioner, or

coroner.

6. When a death is presumed to have occurred within this state but the body cannot be

located, a death record may be prepared by the state registrar upon receipt of findings

of a court of competent jurisdiction, including the facts of death and medical

certification required to complete the death record. The death record must be marked

"presumptive" and must show on the face of the death record the date of registration

and must identify the court and the date of the decree.

7. Each death registration must include the social security number of the decedent, if the

information is available. A social security number included on a death record is

confidential and may be disclosed only to a relative or authorized representative of the

individual named on the record, to a person with personal or real property interests

that depend upon information contained in the death record, or by an order of a court

of competent jurisdiction.
N.D. Cent. Code § 23-01.3-03 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-03
23-01.3-03. Disclosure of a patient's own record
Status: repealed

23-01.3-03. Disclosure of a patient's own record

Repealed by S.L. 2003, ch. 211, § 27.
N.D. Cent. Code § 23-02.1-30 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-30
23-02.1-30. Persons required to keep records
Status: in_force

23-02.1-30. Persons required to keep records

1. Every person in charge of an institution as defined in this chapter shall keep a record

of personal particulars and data concerning each person admitted or confined to such

institution. This record must include all information required by the standard record of

birth, death, and fetal death forms issued under the provisions of this chapter. The

record must be made at the time of admission from information provided by such

person, but when it cannot be obtained from that person, the information must be

obtained from relatives or other persons acquainted with the facts. The name and

address of the person providing the information must be a part of the record.

2. When a dead body or fetus is released or disposed of by an institution, the person in

charge of the institution shall keep a record showing the name of the deceased, date

of death, name and address of the person to whom the body is released, date of

removal from the institution, or if finally disposed of by the institution, the date, place,

and manner of disposition must be recorded.

3. A funeral director, embalmer, or other person who removed from the place of death or

transports or finally disposes of a dead body or fetus, in addition to filing any record or

other form required by this chapter, shall keep a record which must identify the body,

and the information pertaining to receipt, removal, and delivery of the body as may be

prescribed in regulations adopted by the department of health and human services.

4. Records maintained under this section must be made available to the state registrar or

the registrar's representative for inspection upon demand.

5. On or before the fifth day of each month, each hospital, institution, funeral director,

embalmer, or person acting as such in this state shall report to the state registrar, on

forms provided for this purpose, information required by the state registrar regarding

each birth, death, or fetal death handled during the preceding calendar month.
N.D. Cent. Code § 23-01.3-06 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-06
23-01.3-06. Disclosure for law enforcement purposes
Status: in_force

23-01.3-06. Disclosure for law enforcement purposes

1. Notwithstanding any other law, a public health authority, or the agent of any such

entity, may disclose protected health information to a law enforcement authority if the

department of health and human services determines that:

a. The protected health information is necessary to a legitimate law enforcement

inquiry that has begun or may be initiated into a particular violation of a criminal

law or public health law being conducted by the authority; and

b. The investigative or evidentiary needs of the law enforcement authority cannot be

satisfied by nonidentifiable health information or by any other information.

2. If a public health authority discloses protected health information under this section,

that authority shall impose appropriate written safeguards to ensure the confidentiality

of the information and to protect against unauthorized or improper use or disclosure.

3. Protected health information about an individual that is disclosed under this section

may not be used in, or disclosed to any person for use in, any administrative, civil, or

criminal action or investigation directed against the individual, unless the action or

investigation arises out of, or is directly related to, the law enforcement inquiry for

which the information was obtained.

4. When the matter or need for which protected health information was disclosed to a law

enforcement authority or grand jury has concluded, including any derivative matters

arising from that matter or need, the law enforcement authority or grand jury must

either destroy the protected health information or return it to the person from whom it

was obtained.

5. To the extent practicable, and consistent with the requirements of due process, a law

enforcement authority shall redact personally identifying information from protected

health information prior to the public disclosure of that protected information in a

judicial or administrative proceeding.

6. Any disclosure of protected health information under this section must be limited to the

minimum amount of information necessary to fulfill the purposes of this section.

7. A recipient of information pursuant to this section may use or disclose that information

solely to fulfill the purposes of this section.

8. Protected health information disclosed under this section must be clearly identified as

protected health information that is subject to this chapter.

9. This section may not be construed to limit or restrict the ability of law enforcement

authorities to gain information while in hot pursuit of a suspect or if other exigent

circumstances exist.
N.D. Cent. Code § 23-16-19 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-19
23-16-19. COVID-19 vaccination status - Access to care
Status: in_force

23-16-19. COVID-19 vaccination status - Access to care

A hospital may not deny health care treatment or services to an individual based on that

individual's severe acute respiratory syndrome coronavirus 2, identified as SARS-CoV-2

(COVID-19) vaccination status.
N.D. Cent. Code § 23-07.6-03 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-03
23-07.6-03. Procedures for isolation and quarantine
Status: in_force

23-07.6-03. Procedures for isolation and quarantine

The isolation and quarantine of an individual or groups of individuals shall be undertaken in

accordance with the following procedures:

1. Temporary isolation and quarantine without notice.

a. Authorization. The state or a local health officer, within that officer's jurisdiction,

may temporarily isolate or quarantine an individual or groups of individuals

through a written directive if delay in imposing the isolation or quarantine would

significantly jeopardize the health officer's ability to prevent or limit the

transmission of a contagious or possibly contagious disease to others.

b. Content of directive. The written directive must specify the identity of the

individual or groups of individuals subject to isolation or quarantine, including

identification by characteristics if actual identification is impossible or

impracticable; the premises subject to isolation or quarantine; the date and time

at which isolation or quarantine commences; the suspected contagious disease if

known; and decontamination, treatment, or prevention measures that must be

followed. The directive must be accompanied by a copy of this chapter and

relevant definitions.

c. Copies. A copy of the written directive must be given to the individual to be

isolated or quarantined or, if the order applies to a group of individuals and it is

impractical to provide individual copies, it may be posted in a conspicuous place

in the isolation or quarantine premises. The state or local health officer may also

use any available mass media, including broadcasting, to provide notice and

information about the written directive.

d. Petition for continued isolation or quarantine. Within ten days after issuing the

written directive, the state or local health officer shall file a petition under

subsection 2 for a court order authorizing the continued isolation or quarantine of

the isolated or quarantined individual or groups of individuals.

2. Isolation or quarantine with notice.

a. Authorization. The state or a local health officer may make a written petition to the

trial court for an order authorizing the isolation or quarantine of an individual or

groups of individuals.

b. Content of petition. A petition under subdivision a must specify the identity of the

individual or groups of individuals subject to isolation or quarantine, including

identification by characteristics if actual identification is impossible or impractical;

the premises subject to isolation or quarantine; the date and time at which

isolation or quarantine commences; the suspected contagious disease if known;

recommended decontamination, treatment, or preventative measures for the

suspected contagious disease; a statement of compliance with the conditions and

principles authorizing isolation and quarantine under this chapter; and a

statement of the basis upon which isolation or quarantine is justified in

compliance with this chapter. The petition must be accompanied by the sworn

affidavit of the state or local health officer attesting to the facts asserted in the

petition, with any further information that may be relevant and material to the

court's consideration.

c. Notice. Notice to the individuals or groups of individuals identified in the petition

must be accomplished within twenty-four hours in accordance with the North

Dakota Rules of Civil Procedure. The notice must include a statement that the

respondent has the right to counsel, including counsel provided at public expense

if indigent and must include a copy of this chapter.
N.D. Cent. Code § 23-09-16 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-16
23-09-16. License - Application
Status: in_force

23-09-16. License - Application

Before any food establishment, lodging establishment, pushcart, mobile food unit, or

assisted living facility may be operated in this state, it must be licensed by the department. The

department shall waive the license requirement for any food establishment, lodging

establishment, or assisted living facility licensed by a city or district health unit if the local health

unit's sanitation, safety, and inspection rules are approved by the department. The application

must be in writing on forms furnished by the department and must be accompanied by the

required fee. The department shall issue a license to an applicant that meets all of the

requirements of this chapter and any rules established by the department. The department may

adopt rules establishing the amount and the procedures for the collection of annual license fees.

The fees must be based on the cost of reviewing construction plans, conducting routine and

complaint inspections, reinspection, and necessary enforcement action. License fees collected

pursuant to this section must be deposited in the department's operating fund in the state

treasury and any expenditure from the fund is subject to appropriation by the legislative

assembly.
N.D. Cent. Code § 23-16-02 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-02
23-16-02. Existing medical hospitals
Status: in_force

23-16-02. Existing medical hospitals

Institutions subject to this chapter which are already in operation at the time of enactment of

this chapter must be given a reasonable time, not to exceed one year from the date of the

enactment of this chapter, within which to comply with the rules, regulations, and minimum

standards provided for herein.
N.D. Cent. Code § 23-06-27 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-27
23-06-27. Protection of human burial sites, human remains, and burial goods - Unlawful acts - Penalties - Exceptions
Status: in_force

23-06-27. Protection of human burial sites, human remains, and burial goods -

Unlawful acts - Penalties - Exceptions.

1. As used in this section:

a. "Burial goods" means any objects or items interred with human remains at the

time of burial.

b. "Disturb" means move, open, expose, dig up, disinter, excavate, remove, carry

away, damage, injure, deface, desecrate, loot, vandalize, mutilate, or destroy.

c. "Human burial site" means any place of interment, by any means, of human

remains or burial goods, which is designated by a grave marker or other burial

structure or which is not so designated, but is, in fact, discovered or believed to

exist on the basis of archaeological or historical evidence.

d. "Human remains" means any part of the body of a deceased human being in any

stage of decomposition.

e. "Land" means all lands, including submerged lands, located within the state of

North Dakota which are owned by the state or its political subdivisions, agencies,

or instrumentalities, or by any private person.

f. "Person" means a natural person, corporation, unincorporated association,

partnership, proprietorship, or governmental entity.

2. A person is guilty of a class C felony who, without authority of law, breaks open any

building wherein any body of a deceased human being is deposited while awaiting

burial, with the intent of either removing such human body, or any part thereof, or

stealing the coffin, or any part thereof, or anything attached thereto or connected

therewith, or the vestments or other articles intended to be buried with the human

body.

3. A person is guilty of a felony who, without authority of law, willfully, as defined in

section 12.1-02-02, disturbs a human burial site, human remains, or burial goods

found in or on any land, or attempts to do the same, or incites or procures the same to

be done.

a. A person is guilty of a class B felony if the offense in this subsection was

committed for monetary gain, whether or not such monetary gain was related to

the use of the land in or on which the burial, remains, or goods were disturbed.

b. A person is guilty of a class C felony if the offense in this subsection was not

committed for monetary gain.

4. Any person who knows or has reasonable grounds to believe that a human burial site,

human remains, or burial goods, found in or on any land, are being disturbed or may

be disturbed, by human activity without authority of law or by natural forces, shall

immediately notify the local law enforcement agency with jurisdiction in the area in

which the burial, remains, or goods are located. A person is guilty of a class B

misdemeanor who is required to provide such notification and willfully, as defined in

section 12.1-02-02, fails to provide the same.

5. Any person who knows or has reasonable grounds to believe that that person has

encountered or discovered a human burial site, human remains, or burial goods

associated with a human burial, in or on any land, shall refrain from any activity which

might disturb or immediately cease any continued activity which might cause further

disturbance of such burial, remains, or goods and shall, as soon as practicable, report

the presence or discovery of the burial, remains, or goods to the local law enforcement

agency with jurisdiction in the area in which the burial, remains, or goods are located.

A person is guilty of a class B misdemeanor who is required to make such report and

willfully, as defined in section 12.1-02-02, fails to make the same. The requirements

imposed in this subsection do not apply to any person engaged in the salvaging

excavation or other disinterment of a human burial under authority of law.

6. Any person having been found guilty or having pleaded guilty, as a result of having

been charged with an offense under subsection 2 or 3, must be ordered to forfeit to the

state any and all human remains and burial goods acquired in connection with the

commission of the offense and may be ordered to forfeit to the state any and all

equipment used in connection with the commission of the offense. In addition, any

such person having been charged with an offense under subsection 3 must be ordered

to pay all reasonable costs actually incurred in the reinterment of the human remains

and burial goods so forfeited. In conjunction with the prosecution of any offense under

this subsection, the remains in question in the prosecution may, as deemed necessary,

be subjected to nonintrusive, nondestructive professional study for the exclusive

purpose of determining whether the remains are human.

7. Subsection 3 does not apply to the inadvertent disturbance of a human burial site,

human remains, or burial goods when the department of health and human services

and the state historical society have been notified of the disturbance and the human

remains and burial goods must be studied and reinterred pursuant to rules adopted by

the department of health and human services and the state historical society.

Subsection 3 also does not apply to situations in which the department of health and

human services and the state historical society are notified of the need to disinter and

move the contents of human burial sites that are recorded with the state historical

society to prevent the destruction of the human burial sites by actions including the

construction of highways, dams, reservoirs, coal mines, power generation and

transmission facilities, pipelines, farming practices, and other developments. Where

feasible, the developments should avoid disturbance of the human burial sites. In

these situations the disinterred human remains and burial goods must be studied and

reinterred pursuant to rules adopted by the department of health and human services

and the state historical society.
N.D. Cent. Code § 23-27.1-07 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-07
23-27.1-07. Veterans, service members separating from active duty military, and their spouses
Status: in_force

23-27.1-07. Veterans, service members separating from active duty military, and their

spouses.

1. Member states shall consider a veteran, active military service member, and member

of the national guard and reserves separating from an active duty tour, and a spouse

thereof, who holds a current valid and unrestricted national registry of emergency

medical technicians certification at or above the level of the state license being sought

as satisfying the minimum training and examination requirements for such licensure.

2. Member states shall expedite the processing of licensure applications submitted by

veterans, active military service members, and members of the national guard and

reserves separating from an active duty tour, and their spouses.

3. All individuals functioning with a privilege to practice under this section remain subject

to the adverse actions provisions of section 23-27.1-08.
N.D. Cent. Code § 23-10-06 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-06
23-10-06. License issuance
Status: in_force

23-10-06. License issuance

The department shall issue a license to an applicant who meets all of the requirements of

this chapter and any rules adopted by the department.
N.D. Cent. Code § 23-01.1-01 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-01
23-01.1-01. Health data committee of state health council - Membership - Appointment by chairman of health council
Status: repealed

23-01.1-01. Health data committee of state health council - Membership - Appointment

by chairman of health council.

Repealed by S.L. 2013, ch. 207, § 6.
N.D. Cent. Code § 23-17.3-10 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-10
23-17.3-10. Information confidential
Status: in_force

23-17.3-10. Information confidential

Information received under this chapter by the department, through inspection or otherwise,

is confidential and may not be disclosed except:

1. In a proceeding involving the question of license;

2. In a judicial proceeding, upon a court order; or

3. To a health or social services agency with specific responsibility for a patient's care.
N.D. Cent. Code § 23-35.1-02 — ND Code / Title 23 / Chapter 23-35.1 / Section 23-35.1-02
23-35.1-02. Regional public health network - Joint powers agreement - Review by department - Criteria
Status: in_force

23-35.1-02. Regional public health network - Joint powers agreement - Review by

department - Criteria.

Before a group of public health units may be designated as a regional public health network

and eligible for state funding, the department shall review the joint powers agreement the public

health units entered and verify that:

1. The regional public health network consists of:

a. At least two public health units serving a minimum population of fifteen thousand;

or

b. A minimum of three public health units.

2. The joint powers agreement requires that the participating public health units:

a. Assess the health of the population;

b. Identify workplan activities that meet the needs of the region;

c. Comply with requirements adopted by rule;

d. Meet department maintenance of effort funding requirements, which must be

calculated based on each unit's dollar or mill levy public health unit contribution in

the most recent calendar year; and

e. Share core public health activities and measure outcomes in accordance with

subsection 3.

3. The joint powers agreement requires:

a. Evidence that network activities align with prevailing health status and community

needs;

b. Shared or expanded services, including the core public health activities of:

(1) Preventing epidemics and spread of disease;

(2) Protecting against environmental hazards;

(3) Preventing injuries;

(4) Promoting health behaviors;

(5) Responding to disasters; and

(6) Assuring the quality and accessibility of health services;

c. Assurance of network performance measurement to demonstrate capacity,

process, or health outcomes;

d. Criteria for the future participation of public health units that were not parties to

the original joint powers agreement;

e. An application process by which public health units that were not parties to the

original joint powers agreement may become participating districts; and

f. A process by which public health units that were not parties to the original joint

powers agreement may appeal a decision to deny an application to participate in

the agreement to the department.

4. The joint powers agreement provides for the structure of the governing body of the

network.
N.D. Cent. Code § 23-07-07.3 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07.3
23-07-07.3. Certificates reporting births and stillbirths to state whether blood test made
Status: repealed

23-07-07.3. Certificates reporting births and stillbirths to state whether blood test

made.

Repealed by S.L. 1991, ch. 263, § 1.
N.D. Cent. Code § 23-17.6-03 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-03
23-17.6-03. Issuance and renewal of certificate of registration - Evaluation
Status: in_force

23-17.6-03. Issuance and renewal of certificate of registration - Evaluation

Upon receipt of an initial or renewal certificate application, the department or the

department's authorized agent shall evaluate the extended stay center. If minimum standards

described in section 23-17.6-04 are met, the department shall issue the certificate.
N.D. Cent. Code § 23-27.2-02 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-02
23-27.2-02. Program creation and administration
Status: in_force

23-27.2-02. Program creation and administration

1. The distressed ambulance service program is hereby created.

2. The department shall:

a. Carry out the administrative functions of the program;

b. Adopt rules necessary to implement this chapter and manage the program;

c. Take reasonable measures to ensure reliable ambulance response within a

distressed ambulance service's assigned service area;

d. Monitor the implementation of a response approved under section 23-27.2-04;

e. Monitor the implementation of a plan approved under section 23-27.2-06; and

f. Annually evaluate issued waivers.

3. The department may:

a. Waive specific provisions of chapter 23-27 or rules adopted under chapter 23-27

for a defined period of time, provided such waiver does not adversely affect the

health and safety of the public; and

b. Suspend or revoke a distressed ambulance service's license in accordance with

section 23-27.2-06.
N.D. Cent. Code § 23-09.4-02 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-02
23-09.4-02. Department to establish standards - Licensing - Inspection
Status: in_force

23-09.4-02. Department to establish standards - Licensing - Inspection

The department shall establish standards for the licensure of residential care facilities for

children with autism spectrum disorder, regularly inspect the facilities, and grant annual licenses

to the facilities that meet the established standards. Upon the request of the department, the

state fire marshal shall inspect any facility seeking licensure, or any licensed facility, and shall

report the inspection results to the department.
N.D. Cent. Code § 23-02.1-05 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-05
23-02.1-05. Duties of the state registrar
Status: in_force

23-02.1-05. Duties of the state registrar

1. The state registrar shall:

a. Direct and supervise the statewide system of vital records and registration and be

the primary custodian of said records.

b. Direct, supervise, and control the activities of subregistrars and the activities of

other local officials related to the operation of the vital records registration

system.

c. Prescribe, with the approval of the department of health and human services, and

distribute such forms as required by this chapter and the rules and regulations

issued hereunder.

2. The deputy state registrar shall possess the powers of the state registrar during the

registrar's absence, delegation, inability to act, or during the time there is a vacancy in

the office.
N.D. Cent. Code § 23-09-11 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-11
23-09-11. Inspection - Reports
Status: in_force

23-09-11. Inspection - Reports

Every lodging establishment, food establishment, or assisted living facility must be

inspected at least once every two years by the department. Food establishments and assisted

living facilities must be inspected based on a system of risk categorization which involves types

of foods served, the preparation steps these foods require, volume of food, population served,

and previous compliance history. The department and its inspectors may enter any such

establishment at reasonable hours to determine compliance with this chapter.
N.D. Cent. Code § 23-01.2-02 — ND Code / Title 23 / Chapter 23-01.2 / Section 23-01.2-02
23-01.2-02. Physician immunity for voluntary medical direction
Status: in_force

23-01.2-02. Physician immunity for voluntary medical direction

A physician is immune from liability while providing voluntary medical direction.
N.D. Cent. Code § 23-09.3-08.1 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-08.1
23-09.3-08.1. Admission of residents to basic care facility - Restrictions - Exception
Status: in_force

23-09.3-08.1. Admission of residents to basic care facility - Restrictions - Exception

1. A basic care facility may not admit and retain an individual unless the:

a. Facility provides, directly or through contract, appropriate services within the

facility to attain or maintain the individual at the individual's highest practicable

level of functioning; and

b. Condition and abilities of that individual are consistent with the national fire

protection association 101 life safety code requirements.

2. Notwithstanding contrary provisions in subsection 1, a basic care facility may retain an

individual in need of end-of-life services if the facility wraps around the individual's

family, or the individual's designee, volunteers, or staff services to support the

individual through end of life. The facility, individual, or the individual's designee may

contract with a person or hospice agency to meet the needs of the individual. A basic

care facility continues to be responsible for the care and services of every resident.
N.D. Cent. Code § 23-09.4-03 — ND Code / Title 23 / Chapter 23-09.4 / Section 23-09.4-03
23-09.4-03. License required - Term - Revocation
Status: in_force

23-09.4-03. License required - Term - Revocation

No person may operate or manage a residential care facility for children with autism

spectrum disorder unless the facility has been licensed by the department. The license must

state the name of the owner or manager of the facility, its location, and the maximum number of

persons who may reside in the facility at any time. The license is not valid for more than one

year. Any license may be revoked by the department for violation of this chapter or the rules

adopted by the department.
N.D. Cent. Code § 23-01.3-02 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-02
23-01.3-02. Disclosure of protected health information - In general
Status: in_force

23-01.3-02. Disclosure of protected health information - In general

Protected health information in possession of a public health authority may be disclosed

only as authorized by this chapter or another law of this state explicitly authorizing the

disclosure of that information, except that protected health information received or maintained

under chapter 23-01.1 may be disclosed only as authorized by that chapter. Subject to section

23-01-15, subsection 1 of section 23-07-02.2, and any other requirements of this title, this

chapter does not prohibit a public health authority from disclosing protected health information

for use in a biomedical research project approved by an institutional review board or a privacy

board or protected health information that has been transformed to protect the identity of the

patient through coding or encryption if the information is disclosed for use in an epidemiological

or statistical study.
N.D. Cent. Code § 23-16-14 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-14
23-16-14. Participation in abortion - Not mandatory
Status: in_force

23-16-14. Participation in abortion - Not mandatory

No hospital, physician, nurse, hospital employee, nor any other person is under any duty, by

law or contract, nor may such hospital or person in any circumstances be required to participate

in the performance of an abortion, if such hospital or person objects to such abortion. No such

person or institution may be discriminated against because the person or institution so objects.

For purposes of this section, "abortion" means the act of using or prescribing any instrument,

medicine, drug, or any other substance, device, or means with the intent to terminate the

clinically diagnosable intrauterine pregnancy of a woman, including the elimination of one or

more unborn children in a multifetal pregnancy, with knowledge that the termination by those

means will with reasonable likelihood cause the death of the unborn child. Such use,

prescription, or means is not an abortion if done with the intent to save the life or preserve the

health of the unborn child; remove a dead unborn child caused by spontaneous abortion; or

treat a woman for an ectopic pregnancy.
N.D. Cent. Code § 23-06.6-19 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-19
23-06.6-19. Donor registry
Status: in_force

23-06.6-19. Donor registry

1. The department of health and human services may establish or contract for the

establishment of a donor registry.

2. The department of transportation shall cooperate with a person that administers any

donor registry that this state establishes, contracts for, or recognizes for the purpose of

transferring to the donor registry all relevant information regarding a donor's making,

amendment to, or revocation of an anatomical gift.

3. A donor registry must:

a. Allow a donor or other person authorized under section 23-06.6-03 to include on

the donor registry a statement or symbol that the donor has made, amended, or

revoked an anatomical gift;

b. Be accessible to a procurement organization to allow it to obtain relevant

information on the donor registry to determine, at or near death of the donor or a

prospective donor, whether the donor or prospective donor has made, amended,

or revoked an anatomical gift; and

c. Be accessible for purposes of subdivisions a and b seven days a week on a

twenty-four-hour basis.

4. Personally identifiable information on a donor registry about a donor or prospective

donor may not be used or disclosed without the express consent of the donor,

prospective donor, or person that made the anatomical gift for any purpose other than

to determine, at or near death of the donor or prospective donor, whether the donor or

prospective donor has made, amended, or revoked an anatomical gift.

5. This section does not prohibit any person from creating or maintaining a donor registry

that is not established by or under contract with the state. Any such registry must

comply with subsections 3 and 4.
N.D. Cent. Code § 23-07.1-05 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-05
23-07.1-05. Reports - Orders for the custody of individuals
Status: in_force

23-07.1-05. Reports - Orders for the custody of individuals

1. Upon the receipt of a report that any individual is reasonably suspected to have or to

have been exposed to tuberculosis, the state health officer shall investigate the matter

and if the state health officer determines that the individual may have, or may have

been exposed to, tuberculosis, the state health officer shall request the individual to

voluntarily seek appropriate evaluation and care and a medically approved course of

treatment. If the individual refuses to accept voluntary evaluation and care and a

medically approved course of treatment, and the individual has infectious or suspect

tuberculosis, the state health officer may order the individual or group of individuals

into confinement under sections 23-07.6-02 and 23-07.6-03, and may order further

isolation or quarantine as authorized under chapter 23-07.6. An order under this

section may designate an appropriate facility for confinement, including the individual's

home.

2. The state health officer may immediately investigate all reported or suspected cases of

tuberculosis in the state and determine the sources of those infections.

3. The state health officer may conduct screening programs of populations that are at

increased risk of developing tuberculosis or having latent tuberculosis infection and

offer treatment as appropriate. Any such screening program may be implemented by a

local health officer with the approval of the state health officer.
N.D. Cent. Code § 23-02.1-03 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-03
23-02.1-03. Director of the office of statistical services and associative duties, state and deputy state registrars
Status: in_force

23-02.1-03. Director of the office of statistical services and associative duties, state

and deputy state registrars.

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

appoint a director of the office of statistical services, in accordance with the merit system laws

and regulations of the state of North Dakota, who must be the ex officio state registrar of vital

statistics. The deputy state registrar of vital statistics must also be appointed by the

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

office of statistical services shall administer and enforce this chapter and the rules and

regulations issued hereunder, and issue instructions for the efficient administration of a

statewide system of health statistics tabulation and analysis and a statewide system of vital

records registration. The director of the office of statistical services may delegate such functions

and duties vested in the director to the officers and employees of the office of statistical services

as the director deems necessary and expedient.
N.D. Cent. Code § 23-48-02 — ND Code / Title 23 / Chapter 23-48 / Section 23-48-02
23-48-02. Drug manufacturers - Availability of investigational drugs, biological products, or devices - Costs - Insurance coverage
Status: in_force

23-48-02. Drug manufacturers - Availability of investigational drugs, biological

products, or devices - Costs - Insurance coverage.

1. A manufacturer of an investigational drug, biological product, or device may make

available the manufacturer's investigational drug, biological product, or device to an

eligible patient pursuant to this chapter. This chapter does not require that a

manufacturer make available to an eligible patient an investigational drug, biological

product, or device.

2. A manufacturer may:

a. Provide to an eligible patient an investigational drug, biological product, or device

without receiving compensation; or

b. Require an eligible patient to pay the costs of, or the costs associated with, the

manufacture of the investigational drug, biological product, or device.

3. If an eligible patient dies while being treated by an investigational drug, biological

product, or device, the eligible patient's heirs are not liable for any outstanding debt

related to the treatment or lack of insurance due to the treatment.