N.D. Cent. Code § 23-35-08 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-08
23-35-08. Boards of health - Powers and duties
Status: in_force

23-35-08. Boards of health - Powers and duties

Except when in conflict with a local ordinance or a civil service rule within a board of health's

jurisdiction, or a tribal code, ordinance, or policy, each board of health:

1. Shall keep records and make reports required by the department.

2. Shall prepare and submit a public health unit budget.

3. Shall audit, allow, and certify for payment expenses incurred by a board of health in

carrying into effect this chapter.

4. May accept and expend any gift, grant, donation, or other contribution offered to aid in

the work of the board of health or public health unit.

5. May make rules regarding any nuisance, source of filth, and any cause of sickness

which are necessary for public health and safety, except rules regarding the licensing

of onsite wastewater treatment system installers.

6. May establish by rule a schedule of reasonable fees that may be charged for services

rendered. Services may not be withheld due to an inability to pay any fees established

under this subsection. If a tribal board of health establishes fees for services rendered,

the fees may not exceed the highest corresponding fee of any of the public health

units that border the tribal public health unit.

7. May make rules in a health district or county public health department, as the case

may be, and in the case of a city public health department may recommend to the

city's governing body ordinances for the protection of public health and safety.

8. May adopt confinement, decontamination, and sanitary measures in compliance with

chapter 23-07.6 which are necessary when an infectious or contagious disease exists.

9. May make and enforce an order in a local matter if an emergency exists.

10. May inquire into any nuisance, source of filth, or cause of sickness.

11. Except in the case of an emergency, may conduct a search or seize material located

on private property to ascertain the condition of the property as the condition relates to

public health and safety as authorized by an administrative search warrant issued

under chapter 29-29.1.

12. May abate or remove any nuisance, source of filth, or cause of sickness when

necessary to protect the public health and safety.

13. May supervise any matter relating to preservation of life and health of individuals,

including the supervision of any water supply and sewage system.

14. May isolate, kill, or remove any animal affected with a contagious or infectious disease

if the animal poses a material risk to human health and safety.

15. Shall appoint a local health officer.

16. May employ any person necessary to effectuate board rules and this chapter.

17. If a public health unit is served by a part-time local health officer, the board of health

may appoint an executive director. An executive director is subject to removal for

cause by the board of health. The board of health may assign to the executive director

the duties of the local health officer, and the executive director shall perform these

duties under the direction of the local health officer.

18. May contract with any person to provide the services necessary to carry out the

purposes of the board of health.

19. Shall designate the location of a local health officer's office and shall furnish the office

with necessary equipment.

20. May provide for personnel the board of health considers necessary.

21. Shall set the salary of the local health officer, the executive director, and any assistant

local health officer and shall set the compensation of any other public health unit

personnel.

22. Shall pay for necessary travel of the local health officer, the local health officer's

assistants, and other personnel in the manner and to the extent determined by the

board.
N.D. Cent. Code § 23-01-03 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-03
23-01-03. Powers and duties of the health council
Status: in_force

23-01-03. Powers and duties of the health council

The health council shall:

1. Fix, subject to the provisions of section 23-01-02, the time and place of the meetings

of the council.

2. Make regulations for the government of the council and its officers and meetings.

3. Collaborate and advise in the establishment of standards, rules, and regulations,

which are found necessary for the maintenance of public health, including sanitation

and disease control.

4. Collaborate and support the development of basic standards for hospitals and related

medical institutions which render medical and nursing care, and for the construction

and maintenance of the institutions, standards to cover matters pertaining to

sanitation, building construction, fire protection measures, nursing procedures, and

preservation of medical records. A rule may not be adopted with respect to building

construction of existing medical hospitals or related medical institutions unless the rule

relates to safety factors or the hospital or related medical institution changes the scope

of service in such a way that a different license is required from the department

pursuant to rules adopted under chapter 23-16.

5. Hold hearings on all matters brought before the council by applicants and licensees of

medical hospitals with reference to the denial, suspension, or revocation of licenses

and make appropriate determination regarding these matters.

6. Inform and advise the governor, department of health and human services, legislative

assembly, and North Dakotans on public health issues that are important to the needs

of North Dakotans, and in the event of a public health emergency.

7. Monitor progress on the state public health strategic plan and advocate for evidence-

based practices and policies necessary to improve the health of North Dakotans.

8. In consultation with the state health officer and other agencies, associations, and

institutions represented on the health council, study and make recommendations

regarding the strategic plan and programs of the health division of the department of

health and human services. The recommendation may address public health

education and training, factors influencing the practice environment for health care

professionals, access to health care, and patient safety.

9. As the health council determines appropriate, consult with an individual or entity in

performing the council's duties under this section.
N.D. Cent. Code § 23-27-04.3 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.3
23-27-04.3. Emergency medical services personnel training, testing, certification, licensure, and quality review - Penalty
Status: in_force

23-27-04.3. Emergency medical services personnel training, testing, certification,

licensure, and quality review - Penalty.

1. The department shall adopt rules prescribing minimum training, testing, certification,

licensure, and quality review standards for emergency medical services personnel,

including community emergency medical services personnel, instructors, and training

institutions.

2. Rules adopted must include a definition of minimum applicable standards, a definition

of emergency medical services personnel, provide for a mechanism for certifying or

licensing persons who have met the required standards, provide a mechanism to

review and improve the quality of care rendered by emergency medical services

personnel, and define minimum standards for emergency medical services training

institutions.

3. Rules adopted must allow emergency medical services instructors to provide direct,

entry-level certification training for the levels of emergency medical responder and

emergency medical technician, under the oversight of the department and without the

requirements of an emergency medical services training institute.

4. Licensing as an emergency medical services training institution is optional.

5. It is a class B misdemeanor for an individual to willfully misrepresent that individual's

certification or licensing status as emergency medical services personnel.

6. Quality review and improvement information, data, records, and proceedings are not

subject to subpoena or discovery or introduction into evidence in any civil action.
N.D. Cent. Code § 23-09-07 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-07
23-09-07. Lodging establishments or assisted living facilities with elevators - Protection to prevent spread of fire
Status: in_force

23-09-07. Lodging establishments or assisted living facilities with elevators -

Protection to prevent spread of fire.

All new construction of, remodeling of, or additions to lodging establishments or assisted

living facilities equipped with passenger or freight elevators must comply with state building

code fire protection requirements and state fire code, chapter 18-01.
N.D. Cent. Code § 23-07-12 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-12
23-07-12. Health officer to place reported infant in charge of physician
Status: in_force

23-07-12. Health officer to place reported infant in charge of physician

Upon receipt of a report as provided for in section 23-07-11, the health officer shall direct

the parents or whoever has charge of the infant suffering from inflammation, swelling, redness,

or unnatural secretion or discharge of the eyes, to place it immediately in charge of a legally

qualified physician.
N.D. Cent. Code § 23-21-16 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-16
23-21-16. Removal and reinterment by cemetery authority
Status: in_force

23-21-16. Removal and reinterment by cemetery authority

After the completion of notice, and after the expiration of the period of six months specified

in the notice, any cemetery authority may cause the removal of all human remains interred in

the cemetery or portion from which the remains have been ordered removed, and may reinter

such remains in any other place in this state where interments are permitted, without further

notice to any person claiming any interest in the cemetery, or portion affected, or in the remains

interred therein. Whenever any remains are removed from any cemetery or portion of a

cemetery pursuant to this chapter by a cemetery authority, such remains must be reinterred as

near as possible to the cemetery from which such remains were taken. The remains of each

person reinterred must be placed in a separate and suitable receptacle and decently and

respectfully interred under rules and regulations adopted by the cemetery authority making the

removal and the department of health and human services.
N.D. Cent. Code § 23-27-02 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-02
23-27-02. Definitions
Status: in_force

23-27-02. Definitions

For the purpose of this chapter, unless the context otherwise requires:

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

2. "Emergency medical services" means the prehospital medical stabilization or

transportation, including interfacility transportation, of an individual who is sick, injured,

wounded, or otherwise incapacitated or helpless, or in a real or perceived acute

medical condition, by a person that holds oneself out to the public as being in that

service or that regularly provides that service. The term includes:

a. Assessing, stabilizing, and treating life-threatening and non-life-threatening

medical conditions; or

b. Transporting a patient who is in a real or perceived acute medical condition to a

hospital emergency room or other appropriate medical destination.

3. "Emergency medical services operation" means an entity licensed to offer and provide

emergency medical services by emergency medical services personnel with physician

oversight. The term includes basic life support ambulance services, advanced life

support ambulance services, air ambulance services, and quick response unit

services.

4. "Emergency medical services personnel" means individuals who provide emergency

medical services for emergency medical services operations. The term includes

emergency medical services professionals, drivers, and department-certified

emergency medical services providers, such as cardiopulmonary resuscitation drivers

and first responders.

5. "Emergency medical services professional" means an individual licensed by the

department under this chapter.

6. "Substation ambulance services" means an ambulance station that has its own service

area designated by the department and is not individually licensed as an emergency

medical services operation.
N.D. Cent. Code § 23-28-01 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-01
23-28-01. Definitions
Status: in_force

23-28-01. Definitions

In this chapter:

1. "Disabled condition" means the condition of being unconscious, semiconscious,

incoherent, or otherwise incapacitated to communicate.

2. "Disabled person" means a person in a disabled condition.

3. "The emergency symbol" means the caduceus inscribed within a six-barred cross

used by the American medical association to denote emergency information.

4. "Identifying device" means an identifying bracelet, necklace, metal tag, or similar

device bearing the emergency symbol and the information needed in an emergency.

5. "Medical practitioner" means a person licensed or authorized to practice medicine.
N.D. Cent. Code § 23-01-04 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-04
23-01-04. Effect of rules and regulations
Status: in_force

23-01-04. Effect of rules and regulations

All rules and regulations adopted by the department of health and human services under

the powers granted by any provisions of this title are binding upon all county and municipal

health officers, and upon all county, municipal, and private medical hospitals and upon related

institutions, and have the force and effect of law.
N.D. Cent. Code § 23-07-01.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-01.1
23-07-01.1. Reporting of physical or mental disorders
Status: in_force

23-07-01.1. Reporting of physical or mental disorders

The department of health and human services shall define disorders characterized by

lapses of consciousness, gross physical or mental impairments for the purposes of the reports

hereinafter referred to:

1. A physician or other health care provider may report immediately to the department of

transportation in writing, the name, date of birth, and address of every individual

fourteen years of age or over coming before them for examination, attendance, care,

or treatment if there is reasonable cause to believe that the individual due to physical

or mental reason is incapable of safely operating a motor vehicle or diagnosed as a

case of a disorder defined as characterized by lapses of consciousness, gross

physical or mental impairments, and the report is necessary to prevent or lessen a

serious and imminent threat to the health or safety of the individual or the public.

2. Such reports as required in this section are for the information of the director of the

department of transportation in determining the eligibility of any person to operate a

motor vehicle on the highways of this state and must be kept confidential and not

divulged to any person or used as evidence in any trial, except that the reports may be

admitted in proceedings under section 39-06-33.

3. The physician-patient privilege provided for by rules 501 and 503 of the North Dakota

Rules of Evidence may not be asserted to exclude evidence regarding the mental or

physical incapacity of a person to safely operate a motor vehicle in the reports as

required under the provisions of this section.

4. Any physician or other medical professional who fails to make a report or who in good

faith makes a report, gives an opinion or recommendation pursuant to this section, or

participates in any proceeding founded upon this section is immune from any liability,

civil or criminal, that might otherwise be incurred, as a result of such report, except for

perjury.
N.D. Cent. Code § 23-11-32 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-32
23-11-32. Cooperation with federal government
Status: in_force

23-11-32. Cooperation with federal government

A housing authority may exercise any or all of its powers for the purpose of cooperating

with, or acting as agent for, the federal government in the development or administration of

projects by the federal government to assure the availability of safe and sanitary dwellings for

persons engaged in national defense activities or veterans and may undertake the development

or administration of any such projects for the federal government. In order to assure the

availability of safe and sanitary housing for persons engaged in national defense activities or for

veterans, a housing authority may sell, in whole or in part, to the federal government any

housing project developed for such persons but not yet occupied by such persons. Such sale

must be at a price and upon those terms the housing authority prescribes and must include

provision for the satisfaction of all debts and liabilities of the authority relating to the project.
N.D. Cent. Code § 23-27-05 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-05
23-27-05. Penalty
Status: in_force

23-27-05. Penalty

Any person violating the provisions of this chapter is guilty of an infraction.
N.D. Cent. Code § 23-09.2-04 — ND Code / Title 23 / Chapter 23-09.2 / Section 23-09.2-04
23-09.2-04. Exclusions
Status: in_force

23-09.2-04. Exclusions

This chapter does not apply to private homes where food is prepared or stored for individual

family consumption and to the use of home-canned goods, nongrade A dairy products and food

prepared using nongrade A dairy products, and to meat not inspected under the Federal Meat

Inspection Act [34 Stat. 1260-1265; 21 U.S.C. 603 et seq.].
N.D. Cent. Code § 23-07.2-04 — ND Code / Title 23 / Chapter 23-07.2 / Section 23-07.2-04
23-07.2-04. Rulemaking authority
Status: in_force

23-07.2-04. Rulemaking authority

The department of health and human services shall:

1. Establish a reasonable cost for blood products and supplies used in home care as a

basis of reimbursement under this chapter.

2. Determine when reimbursement may not be made under this chapter for any blood

products or supplies which are not purchased in compliance with regulations

promulgated pursuant to this chapter. Reimbursement may not be made under this

chapter for any portion of the costs of blood products or supplies which are payable

under any other state or federal program or under any grant, contract, or any other

contractual arrangement.

3. Define what constitutes "home care".

4. Define what constitutes "income", "net worth", and "patient eligibility" for assistance.

5. Provide guidelines to determine individual liability.

6. Adopt all rules necessary to implement subsections 1 through 5 pursuant to chapter

28-32.
N.D. Cent. Code § 23-16-04 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-04
23-16-04. Licenses
Status: in_force

23-16-04. Licenses

Licenses issued hereunder expire one year after date of issuance or upon such uniform

dates annually, as the department of health and human services may prescribe by rule.

Licenses must be issued only for the premises and persons named in the application and are

not transferable or assignable. Licenses must be posted in a conspicuous place on the licensed

premises.
N.D. Cent. Code § 23-16-12 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-12
23-16-12. Injunction
Status: in_force

23-16-12. Injunction

The department of health and human services, in accordance with the laws of the state

governing injunctions and other process, may maintain an action in the name of the state

against any person, partnership, association, corporation, or limited liability company for

establishing, conducting, managing, or operating any hospital within the meaning of the chapter

without first having a license therefor as herein provided or without first obtaining from the

department of health and human services written approval of plans and specifications for major

alterations of, additions to, or construction of health facilities.
N.D. Cent. Code § 23-09-02 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-02
23-09-02. Department to enforce provisions of chapter
Status: in_force

23-09-02. Department to enforce provisions of chapter

The department shall enforce the provisions of this chapter. Under no circumstances may

any other state agency adopt rules that relate in any way to the provisions of this chapter.
N.D. Cent. Code § 23-06.6-17 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-17
23-06.6-17. Immunity
Status: in_force

23-06.6-17. Immunity

1. A person that acts in accordance with this chapter or with the applicable anatomical

gift law of another state, or attempts in good faith to do so, is not liable for the act in a

civil action, criminal prosecution, or administrative proceeding.

2. Neither the person making an anatomical gift nor the donor's estate is liable for any

injury or damage that results from the making or use of the gift.

3. In determining whether an anatomical gift has been made, amended, or revoked under

this chapter, a person may rely upon representations of an individual listed in

subdivision b, c, d, e, f, g, or h of subsection 1 of section 23-06.6-08 relating to the

individual's relationship to the donor or prospective donor unless the person knows

that the representation is untrue.
N.D. Cent. Code § 23-07.5-04 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-04
23-07.5-04. Record maintenance
Status: in_force

23-07.5-04. Record maintenance

A health care provider who collects a specimen of body fluids or tissues for the purpose of

testing for the presence of bloodborne pathogens caused by an exposure shall obtain from the

test subject or the test subject's personal representative if the subject is a minor or is

incapacitated, informed consent for testing unless testing is otherwise authorized by law. In

addition, the health care provider shall maintain a record of the test results obtained.
N.D. Cent. Code § 23-02.1-02.1 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-02.1
23-02.1-02.1. Birth, marriage, fetal death, and death records - Transition to electronic birth registration system and electronic death registration system
Status: in_force

23-02.1-02.1. Birth, marriage, fetal death, and death records - Transition to electronic

birth registration system and electronic death registration system.

1. Beginning January 1, 2008, all new birth, fetal death, and death certificates must be

filed with the state registrar and maintained as birth, fetal death, or death records. The

state registrar shall issue certified copies of any birth, fetal death, or death record, or

informational copies of death and marriage records, to those persons entitled to the

record in accordance with this chapter.

2. A certified copy of a birth, marriage, fetal death, or death record is considered to meet

the requirements of any law requiring a birth, marriage, fetal death, or death certificate.

3. All birth, marriage, fetal death, and death certificates created or issued before

January 1, 2008, remain legally valid if the certificate was valid under prior law.

4. Any reference to a birth, marriage, fetal death, and death record includes any birth,

marriage, fetal death, and death certificate issued before January 1, 2008.

5. Amendments to birth records issued before 2006 and fetal death or death records

issued before 2008 must be made according to the procedures and processes used at

the time the original record was created.
N.D. Cent. Code § 23-16-07 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-07
23-16-07. Not applicable to certain laws
Status: in_force

23-16-07. Not applicable to certain laws

This chapter may not be construed in any way to restrict or modify any law pertaining to the

placement and adoption of children or the care of unmarried mothers.
N.D. Cent. Code § 23-07.1-12 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-12
23-07.1-12. Confinement exception - Quarantine
Status: repealed

23-07.1-12. Confinement exception - Quarantine

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-27-04.6 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.6
23-27-04.6. Quick response units
Status: in_force

23-27-04.6. Quick response units

Department licensure as a quick response unit is not optional. The department's standards

under section 23-27-04 for the time when a quick response unit's services must be available

may not require twenty-four hour availability.
N.D. Cent. Code § 23-01-08.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-08.1
23-01-08.1. Criminal history background checks
Status: in_force

23-01-08.1. Criminal history background checks

The department of health and human services may require a final applicant for a job

opening or a current employee with the department, as designated by the commissioner of the

department of health and human services, complete a state and national criminal history record

check as provided under section 12-60-24.
N.D. Cent. Code § 23-13-02.3 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.3
23-13-02.3. Requirements for the operation of self-service motor fuel dispensing facilities
Status: in_force

23-13-02.3. Requirements for the operation of self-service motor fuel dispensing

facilities.

All self-service motor fuel dispensing facilities shall be maintained and operated in

accordance with the following:

1. All laws, ordinances, rules, or regulations now applicable for sale and dispensing of

motor fuels shall, to the extent applicable, apply to the operation of self-service motor

fuel dispensing facilities.

2. At all times during the operation of a self-service motor fuel dispensing facility, the

owner, operator, employee, or authorized attendant shall be on the premises and shall

supervise the operation thereof. The person attending the operation shall refuse

service to anyone who appears for any reason to be unable to dispense motor fuel

safely. If, however, the filling station provides pump island service to its customers, the

attendant must provide refueling services to any mobility-impaired person stopped at a

self-service motor fuel dispensing unit who requests assistance and whose vehicle

displays a certificate issued under section 39-01-15. No additional cost may be

charged to a mobility-impaired person because of the service. This subsection does

not apply to any self-service motor fuel dispensing unit equipped with a card-operated,

credit card-operated, or key-operated dispensing device. Self-service motor fuel

dispensing units equipped with a card-operated, credit card-operated, or key-operated

dispensing device are subject to and must conform with the emergency controls,

emergency contact, and fire control standards as specified by the national fire

protection association. In addition, the operating instructions, warning signs, and

emergency instructions specified in the standards of the national fire protection

association must be conspicuously posted in the dispensing area.

3. Persons dispensing motor fuel from self-service motor fuel dispensing units shall be a

qualified operator of a motor vehicle under North Dakota law. Permanent signs shall

be posted on all self-service motor fuel dispensing units prohibiting their operation

except by a qualified operator of a motor vehicle under North Dakota law.

4. Operating instructions for the use of self-service motor fuel dispensing units shall be

conspicuously posted in the dispensing area.
N.D. Cent. Code § 23-02.1-25 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-25
23-02.1-25. Correction and amendment of vital records
Status: in_force

23-02.1-25. Correction and amendment of vital records

1. A record registered under this chapter may be amended only in accordance with this

chapter and regulations under this chapter adopted by the department of health and

human services to protect the integrity and accuracy of vital records.

2. A record that is amended under this section must be marked "amended" except as

provided in subsection 4. The date of amendment and a summary description of the

evidence submitted in support of the amendment must be endorsed on or made a part

of the record. The department of health and human services shall prescribe by

regulation the conditions under which additions or minor corrections may be made to

birth records within one year after the date of birth without the record being considered

as amended.

3. Upon receipt of a certified copy of a court order that is amending a birth, death, or fetal

death record and upon request of such individual or the individual's parent, guardian,

or legal representative, the state registrar shall amend the record as directed in the

court order; however, if the state registrar has information to believe the facts of the

court order are false or inaccurate, the state registrar shall provide the court and any

known parties with the correct information.

4. Upon receipt of a sworn acknowledgment of paternity of a child born out of wedlock

signed by both parents and upon request, the state registrar shall amend a record of

birth to show such paternity if paternity is not shown on the record. Upon request of

the parents, the surname of the child must be changed on the appropriate record to

the surname designated by the parents on the acknowledgment of paternity. Such

record may not be marked as "amended". The provisions of this subsection apply also

in their entirety to records of fetal death.
N.D. Cent. Code § 23-01-02.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-02.1
23-01-02.1. Hospital utilization committees - Internal quality assurance review committees - Reports - Immunity
Status: repealed

23-01-02.1. Hospital utilization committees - Internal quality assurance review

committees - Reports - Immunity.

Repealed by S.L. 1997, ch. 234, § 5.
N.D. Cent. Code § 23-13-01 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-01
23-13-01. Definitions
Status: in_force

23-13-01. Definitions

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

1. "Filling station" means all places of whatever character or description where gasoline,

other inflammable liquids, or compressed natural gas are sold at retail for use in motor

vehicles.

2. "Motor vehicle" means all vehicles, engines, machines, or mechanical contrivances

which are propelled by internal combustion motors or engines.

3. "Person" means natural persons, partnerships, firms, associations, corporations, and

limited liability companies.
N.D. Cent. Code § 23-16-09 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-09
23-16-09. Information confidential
Status: in_force

23-16-09. Information confidential

Information other than reports relating to vital statistics received by the department of health

and human services through inspection or otherwise, authorized under this chapter are

confidential and may not be disclosed publicly except in a proceeding involving the question of

license. No agent of the department of health and human services or of any board of health,

may disclose individually identifiable health information of such an institution obtained in the

course of a survey or inspection except in a judicial or administrative proceeding in response to

an order of a court or administrative tribunal.
N.D. Cent. Code § 23-17.4-10 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-10
23-17.4-10. Denial, suspension, or revocation of license
Status: in_force

23-17.4-10. Denial, suspension, or revocation of license

Denial, suspension, or revocation of a hospice program license by the department for

noncompliance with this chapter is governed by chapter 28-32.
N.D. Cent. Code § 23-06-02 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-02
23-06-02. Custody of body
Status: in_force

23-06-02. Custody of body

The person charged with the duty of final disposition of the body of a deceased person is

entitled to the custody of such body for the purpose of arranging for final disposition. When the

coroner is required to hold an inquest, however, the coroner is entitled to the custody of the

body until such inquest has been completed.
N.D. Cent. Code § 23-34-03 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-03
23-34-03. Peer review records - Privileged - Exceptions
Status: in_force

23-34-03. Peer review records - Privileged - Exceptions

1. Peer review records are privileged and are not subject to subpoena or discovery or

introduction into evidence in any civil or administrative action, except:

a. Records gathered from an original source that is not a peer review organization;

b. Testimony from any person as to matters within that person's knowledge,

provided the information was not obtained by the person as a result of the

person's participation in a professional peer review; or

c. Peer review records subpoenaed in an investigation conducted by an

investigative panel of the North Dakota board of medicine pursuant to chapter

43-17.1 or subpoenaed in a disciplinary action before the North Dakota board of

medicine pursuant to section 43-17-30.1.

2. Any peer review records provided to an investigative panel of the North Dakota board

of medicine or introduced as evidence in any disciplinary action before the board are

confidential and are not subject to subpoena, discovery, or admissibility into evidence

in any civil or administrative action, and are not public records subject to section

44-04-18 and section 6 of article XI of the Constitution of North Dakota.
N.D. Cent. Code § 23-06-03.1 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-03.1
23-06-03.1. Payments on pre-need funeral contracts to be deposited - Depository shall keep record of deposit - Personal property storage - Penalty
Status: repealed

23-06-03.1. Payments on pre-need funeral contracts to be deposited - Depository

shall keep record of deposit - Personal property storage - Penalty.

Repealed by S.L. 2001, ch. 368, § 7.
N.D. Cent. Code § 23-01.1-06 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-06
23-01.1-06. Fees for providing extraordinary data or reports
Status: repealed

23-01.1-06. Fees for providing extraordinary data or reports

Repealed by S.L. 2013, ch. 207, § 6.
N.D. Cent. Code § 23-01-38 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-38
23-01-38. Electronic drug prior authorization and transmission - Limitations
Status: in_force

23-01-38. Electronic drug prior authorization and transmission - Limitations

1. Except as otherwise provided under this subsection, effective August 1, 2015, a drug

prior authorization request must be accessible to a health care provider with the

provider's electronic prescribing software system and must be accepted electronically,

through a secure electronic transmission, by the payer, by the insurance company, or

by the pharmacy benefit manager responsible for implementing or adjudicating or for

implementing and adjudicating the authorization or denial of the prior authorization

request. For purposes of this section, a facsimile is not an electronic transmission. The

requirements in this section do not apply to workforce safety and insurance.

2. Effective August 1, 2013, electronic transmission devices used to communicate a

prescription to a pharmacist may not use any means or permit any other person to use

any means, including advertising, commercial messaging, and popup advertisements,

to influence or attempt to influence through economic incentives the prescribing

decision of a prescribing practitioner at the point of care. Such means may not be

triggered by or be in specific response to the input, selection, or act of a prescribing

practitioner or the prescribing practitioner's staff in prescribing a certain

pharmaceutical or directing a patient to a certain pharmacy. Any electronic

communication sent to the prescriber, including advertising, commercial messaging, or

popup advertisements must be consistent with the product label, supported by

scientific evidence, and meet the federal food and drug administration requirements for

advertising pharmaceutical products.

3. Electronic prescribing software may show information regarding a payer's formulary if

the software is not designed to preclude or make more difficult the act of a prescribing

practitioner or patient selecting any particular pharmacy or pharmaceutical.
N.D. Cent. Code § 23-16.1-02 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-02
23-16.1-02. Conditions for appointment of receiver
Status: in_force

23-16.1-02. Conditions for appointment of receiver

If the department has revoked the license of a health care facility, or if the operator of a

health care facility has requested, the department may file a petition with the district court to

place the health care facility under the control of a receiver if necessary to protect the health or

safety of patients or residents at the health care facility. The court may grant the petition upon a

finding that the health or safety of the patients or residents at the health care facility would be

seriously threatened if a condition existing at the time the petition was filed is permitted to

continue. This finding may be based upon evidence concerning the physical plant or the

program and services offered by the health care facility, but not solely upon evidence that a

health care facility has been denied a license to operate as a health care facility or has had a

previously issued license revoked.
N.D. Cent. Code § 23-11-24 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-24
23-11-24. Provisions of bonds, trust indentures, and mortgages
Status: in_force

23-11-24. Provisions of bonds, trust indentures, and mortgages

In connection with the issuance of bonds or the incurring of obligations under leases and in

order to secure the payment of the bonds or obligations, an authority, in addition to the

authority's other powers, has power:

1. To pledge all or any part of the authority's gross or net rents, fees, or revenues to

which the authority's right then exists or thereafter may come into existence.

2. To mortgage all or any part of the authority's property then owned or thereafter

acquired.

3. To covenant against pledging all or any part of the authority's rents, fees, and

revenues, or against mortgaging all or any part of the authority's property, to which the

authority's right or title then exists or thereafter may come into existence, or against

permitting or suffering any lien on any revenues or property.

4. To covenant with respect to limitations on the authority's right to sell, lease, or

otherwise dispose of any housing projects or any part of a housing project.

5. To covenant as to what other or additional debts or obligations may be incurred by the

authority.

6. To covenant as to the bonds to be issued and as to the issuance of bonds in escrow or

otherwise and as to the use and disposition of the proceeds of the bonds.

7. To provide for the replacement of lost, destroyed, or mutilated bonds.

8. To covenant against extending the time for the payment of the authority's bonds or

interest on the bonds.

9. To redeem the bonds, to covenant for the bonds' redemption, and to provide the terms

and conditions of redemption.

10. To covenant, subject to the limitations contained in this chapter, as to the rents and

fees to be charged in the operation of a housing project or projects, the amount to be

raised each year or other period of time by rents, fees, and other revenues, and as to

the use and disposition to be made of the same.

11. To create, or to authorize the creation of, special funds for moneys held for

construction or operating costs, debt service, reserves, or other purposes, and to

covenant as to the use and disposition of the moneys held in these funds.

12. To prescribe the procedure, if any, by which the terms of any contract with bondholders

may be amended or abrogated, the amount of bonds the holders of which must

consent, and the manner in which consent may be given.

13. To covenant as to the use of any or all of the authority's property.

14. To covenant as to the maintenance of the authority's property, the replacement of

property, the insurance to be carried on property, and the use and disposition of

insurance moneys.

15. To covenant as to the rights, liabilities, powers, and duties arising upon the breach by

the authority of any covenant, condition, or obligation.

16. To covenant and prescribe as to events of default and terms and conditions upon

which any or all of the authority's bonds or obligations shall become, or may be

declared, due before maturity, and as to the terms and conditions upon which the

declaration and the declaration's consequences may be waived.

17. To vest in a trustee or trustees or in the holders of bonds, or any proportion of trustees

or holders, the right to enforce the payment of the bonds or any covenants securing or

relating to the bonds.

18. To vest in a trustee or trustees the right, in the event of a default by the authority, to

take possession and to use, operate, and manage any housing project or part of the

housing project, to collect the rents and revenues arising from the housing project, and

to dispose of these moneys in accordance with the agreement of the authority with the

trustee.

19. To provide for the powers and duties of a trustee or trustees and to limit the liabilities of

the trustee.

20. To provide the terms and conditions upon which the trustee or trustees or the holders

of bonds, or any proportion of trustees or holders, may enforce any covenant or rights

securing or relating to the bonds.

21. To exercise all or any part or combination of the powers granted in this section.

22. To make covenants in addition to the covenants expressly authorized of like or

different character.

23. To make covenants and to do any acts and things as may be necessary, convenient,

or desirable in order to secure the authority's bonds, or, in the absolute discretion of

the authority, as will tend to make the bonds more marketable notwithstanding that the

covenants, acts, or things are not enumerated, including:

a. To the payment of the principal of and interest on bond obligations, when due,

there may be pledged as a first charge and lien the gross revenues of the

housing project financed in whole or in part by the obligations, and the governing

city or county may covenant to provide additional funds for the benefit of that

housing project to the extent that the gross revenues in excess of those debt

service requirements are not also sufficient from time to time to pay the

reasonable operating and maintenance expenses of that housing project.

b. The governing body of an authority may pledge the general obligation of the city

or county for which the authority was created as additional security for bonds

provided that the authority finds that the pledged revenues will equal or exceed

one hundred ten percent of the principal and interest due on the bonds for each

year, the maturity of the bonds does not exceed thirty-five years, and the principal

amount of the issue and the general obligation pledge are approved by the

governing body of the city or county in which the housing project is located and

whose general obligation is pledged. A public hearing must be held on issuance

of the obligations and the pledge of the general obligation by the city or county in

which the housing project is located. The hearing must be held at least fifteen

days, but not more than one hundred twenty days, before the sale of the

obligations.
N.D. Cent. Code § 23-06-26 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-26
23-06-26. Purchasing body forbidden - Penalty
Status: in_force

23-06-26. Purchasing body forbidden - Penalty

Every person who purchases or who receives, except for the purpose of final disposition,

any dead body of a human being, knowing that the same has been removed contrary to the

provisions of this chapter, is guilty of a class C felony.
N.D. Cent. Code § 23-11-25 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-25
23-11-25. Certification of attorney general as to legality of bonds
Status: in_force

23-11-25. Certification of attorney general as to legality of bonds

An authority may submit to the attorney general of this state any bonds to be issued

hereunder after all proceedings for the issuance of such bonds have been taken. Upon the

submission of such proceedings to the attorney general, the attorney general shall examine and

pass upon the validity thereof and of the regularity of all proceedings in connection therewith. If

such proceedings conform to the provisions of this chapter and otherwise are regular in form,

and if the bonds, when delivered and paid for, will constitute binding and legal obligations of the

authority enforceable according to the terms thereof, the attorney general shall certify in

substance upon the back of each of said bonds that it is issued in accordance with the

constitution and laws of the state of North Dakota.
N.D. Cent. Code § 23-45-01 — ND Code / Title 23 / Chapter 23-45 / Section 23-45-01
23-45-01. Umbilical cord blood - Patient information - Definition
Status: in_force

23-45-01. Umbilical cord blood - Patient information - Definition

1. If a health care professional is providing prenatal care to a patient, the health care

professional may inform the patient of the following options relating to stem cells that

are contained in the umbilical cord blood after the delivery of her child:

a. Discard the stem cells.

b. Donate the stem cells to a public umbilical cord blood bank.

c. Store the stem cells in a family umbilical cord blood bank for use by the

immediate and extended family members.

d. Store the stem cells for family use through a family or sibling donor banking

program that provides free collection, processing, and storage where there is a

medical need.

2. The method a health care professional uses to provide the information under

subsection 1 may include verbally or in writing or by providing the patient with a

publication prepared by the department of health and human services under section

23-45-02.

3. This section does not impose an obligation on a health care professional to inform a

pregnant patient regarding the option of umbilical cord blood collection.

4. A health care professional who acts in good faith under this section is not subject to

civil or criminal liability or professional discipline for those acts.

5. For purposes of this section, "umbilical cord blood" means the blood that remains in

the umbilical cord and placenta after the birth of a newborn child.
N.D. Cent. Code § 23-07.6-07 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-07
23-07.6-07. Access to records
Status: in_force

23-07.6-07. Access to records

Before a hearing conducted under this chapter, the respondent, respondent's

representative, or respondent's counsel, and the attorney for the state or local health officer

must be afforded access to all records including hospital records if the respondent is

hospitalized. If the respondent is hospitalized at the time of the hearing, the hospital shall make

available at the hearing for use by the respondent, respondent's representative, respondent's

counsel, and the attorney for the state or local health officer all records in its possession relating

to the conditions of the respondent.
N.D. Cent. Code § 23-07.1-06 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-06
23-07.1-06. Physician's examination - Findings - Final order
Status: repealed

23-07.1-06. Physician's examination - Findings - Final order

Repealed by S.L. 2011, ch. 187, § 4.
N.D. Cent. Code § 23-10-07.1 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-07.1
23-10-07.1. Service fees
Status: in_force

23-10-07.1. Service fees

Service fees that reasonably reflect the cost of the service provided in a mobile home park,

recreational vehicle park, or campground may be charged. Fees may not be charged unless a

service is actually provided.
N.D. Cent. Code § 23-21-11 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-11
23-21-11. Notice of desire to be present during disinterment and reinterment
Status: in_force

23-21-11. Notice of desire to be present during disinterment and reinterment

At any time before the date fixed for the removal of remains by the cemetery authority, any

relative or friend of any person whose remains are interred in the cemetery from which removals

are to be made may give the cemetery authority written notice that the person desires to be

present when the remains are disinterred or are reinterred.

The notice to the cemetery authority must specify:

1. The name of the person whose remains are to be disinterred.

2. As accurately as possible, the plot where the remains are interred.

3. The date of interment.

4. An address at which the required notices may be given by the cemetery authority.

The notice may be delivered, or forwarded by registered or certified mail, to the office or

principal place of business of the cemetery authority proposing to make removals.

After receipt of such notice before the date fixed for the removal of the remains by the

cemetery authority, it shall give written notice to the person requesting it of the time when the

remains shall be disinterred and of the time when and the place where they will be reinterred.

This notice must be given by delivery, or by mail, to the person requesting it at least ten days

prior to the date specified for the disinterment of the remains.

Whenever a request of notice is given by a relative or friend, the cemetery authority may not

disinter the remains referred to until the notice of the time of disinterment is given the relative or

friend, as provided in this section.
N.D. Cent. Code § 23-09-13 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-13
23-09-13. False certificate - Penalty
Status: repealed

23-09-13. False certificate - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 23-28-04 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-04
23-28-04. Duty of medical practitioner
Status: in_force

23-28-04. Duty of medical practitioner

1. A medical practitioner, in discharging the medical practitioner's duty to a disabled

person whom the medical practitioner has undertaken to examine or treat, shall make

a reasonable search for an identifying device or identification card of the type

described in subsection 2 of section 23-28-02 and examine them for emergency

information.

2. A claim for relief against a medical practitioner does not arise from the practitioner

making a reasonable search of a disabled person to locate an identifying device or

identification card, even though the person is not wearing an identifying device or

carrying an identification card.
N.D. Cent. Code § 23-43-02 — ND Code / Title 23 / Chapter 23-43 / Section 23-43-02
23-43-02. Designation of comprehensive stroke center, primary stroke centers, and acute stroke-ready hospitals
Status: in_force

23-43-02. Designation of comprehensive stroke center, primary stroke centers, and

acute stroke-ready hospitals.

1. The department of health and human services shall identify hospitals that meet the

criteria as a comprehensive stroke center, primary stroke center, or acute stroke-ready

hospital. In order to receive a designation under this section, a hospital shall apply to

the department of health and human services and shall demonstrate to the satisfaction

of the department the hospital meets the applicable criteria.

2. In order to qualify for designation as a comprehensive stroke center, an accredited

acute care hospital must be certified as a comprehensive stroke center by a

department-approved, nationally recognized guidelines-based organization, which

provides comprehensive stroke center hospital certification for stroke care. As a

condition of retaining designation as a comprehensive stroke center, an acute care

hospital shall maintain its certification.

3. In order to qualify for designation as a primary stroke center, an accredited acute care

hospital must be certified as a primary stroke center by a department-approved,

nationally recognized guidelines-based organization, which provides primary stroke

center certification for stroke care. As a condition of retaining designation as a primary

stroke center, an acute care hospital shall maintain its certification.

4. In order to qualify for designation as an acute stroke-ready hospital, an accredited

acute care hospital must be certified as an acute stroke-ready hospital by

department-approved, nationally recognized guidelines-based criteria. As a condition

of retaining designation as an acute stroke-ready hospital, an acute care hospital shall

maintain its certification.

5. Through agreement, a comprehensive stroke center and primary stroke center may

coordinate with an acute stroke-ready hospital to provide appropriate access to care

for acute stroke patients. The coordinating stroke care agreement must be in writing

and include, at a minimum:

a. The transfer agreement for the transport and acceptance of a stroke patient seen

by the acute stroke-ready hospital for stroke treatment therapies the stroke center

or primary care center is not capable of providing; and

b. Communication criteria and protocol with the acute stroke-ready hospital.

6. If the department determines the hospital is not in compliance with the requirements

set for designation level, after notice and a hearing, the department of health and

human services may suspend or revoke a hospital's state designation as a

comprehensive stroke center, primary stroke center, or acute stroke-ready hospital.

7. Any facility that is not designated, must have a predetermined plan for the triage of

acute stroke patients. The plan must be filed annually with the department of health

and human services, division of emergency medical services and trauma.
N.D. Cent. Code § 23-02.1-04 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-04
23-02.1-04. Duties of the department
Status: in_force

23-02.1-04. Duties of the department

The department of health and human services may adopt, amend, and repeal rules and

regulations for the purposes of carrying out the provisions of this chapter, in accordance with
N.D. Cent. Code § 23-01-43 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-43
23-01-43. Mammogram results
Status: in_force

23-01-43. Mammogram results

Expired by S.L. 2015, ch. 186, §2.
N.D. Cent. Code § 23-41-04 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-04
23-41-04. Birth report of child with special health care needs made to department
Status: in_force

23-41-04. Birth report of child with special health care needs made to department

Within three days after the birth in this state of a child born with a visible congenital

deformity, the medical hospital in which the child was born, or the legally qualified physician or

other person in attendance at the birth of the child outside of a medical hospital, shall furnish the

department a report concerning the child with the information required by the department.
N.D. Cent. Code § 23-11-15 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-15
23-11-15. Right of authority to vest certain rights in obligee not restricted
Status: in_force

23-11-15. Right of authority to vest certain rights in obligee not restricted

Sections 23-11-12, 23-11-13, and 23-11-14 may not be construed as limiting or restricting

the power of an authority to vest in an obligee the right, in the event of a default by the authority,

to take possession of a housing project or to cause the appointment of a receiver thereof or to

acquire title thereto through foreclosure proceedings.
N.D. Cent. Code § 23-11-29 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-29
23-11-29. Tax exemptions and payments in lieu of taxes
Status: in_force

23-11-29. Tax exemptions and payments in lieu of taxes

The property of an authority used for low-income housing, authority administration, or other

property solely owned by the authority and used to conduct the powers granted to the authority

in this chapter, including an authority created under Indian laws recognized by the federal

government, is declared to be public property used for essential public and governmental

purposes and is exempt from all taxes and special assessments of the state or any political

subdivision. In lieu of taxes or special assessments, an authority may agree to make payments

to the state or any political subdivision for improvements, services, and facilities furnished by the

state or political subdivision for the benefits of a housing project. The payments may not exceed

the estimated cost of the improvements, services, or facilities to be so furnished.

Notwithstanding any other provision of law, the property of an authority used for moderate

income housing is exempt from all taxes of the state or any political subdivision except special

assessments unless specifically exempted from the special assessment by the political

subdivision.
N.D. Cent. Code § 23-11-17 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-17
23-11-17. Eminent domain - Exercise of power
Status: in_force

23-11-17. Eminent domain - Exercise of power

As a prerequisite to the taking of real property by the exercise of the power of eminent

domain, an authority shall adopt a resolution declaring that the acquisition of the real property

described therein is necessary for its purposes under the provisions of this chapter. Such power

may be exercised in the manner provided in sections 32-15-01 to 32-15-34, or by any other

applicable provision of this code relating to the exercise of the power of eminent domain.
N.D. Cent. Code § 23-11-02 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-02
23-11-02. Creation of housing authorities
Status: in_force

23-11-02. Creation of housing authorities

In each city and in each county of the state, there is created a public body corporate and

politic to be known as the "housing authority" of the city or county, as the case may be. Such

authority may not transact any business nor exercise any powers granted by this chapter until

the governing body of the city or of the county, as the case may be, by proper resolution,

declares that there is need for an authority to function in such city or county. The determination

as to whether there is such need may be made by the governing body on its own motion and

must be made upon filing of a petition signed by twenty-five residents of the city or county, as

the case may be, asserting that there is need for such authority to function in such city or county

and requesting that the governing body so declare.
N.D. Cent. Code § 23-07.6-02 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-02
23-07.6-02. Confinement order - Penalty
Status: in_force

23-07.6-02. Confinement order - Penalty

1. The state health officer or any local health officer may order any person or group into

confinement by a written directive if there are reasonable grounds to believe that the

person or group is infected with any communicable disease, the state health officer or

local health officer determines that the person or group poses a substantial threat to

the public health, and confinement is necessary and is the least restrictive alternative

to protect or preserve the public health.

2. Conditions and principles. The state or local health officer shall adhere to the following

conditions and principles when isolating or quarantining individuals or groups of

individuals:

a. Isolation and quarantine must be by the least restrictive means necessary to

prevent the spread of a contagious or possibly contagious disease to others and

may include confinement to private homes or other private and public premises.

b. Isolated individuals must be confined separately from quarantined individuals.

c. The health status of isolated and quarantined individuals must be monitored

regularly to determine if they require isolation or quarantine.

d. If a quarantined individual subsequently becomes infected or is reasonably

believed to have become infected with a contagious or possibly contagious

disease the individual must promptly be removed to isolation.

e. Isolated and quarantined individuals must be immediately released when they

pose no substantial risk of transmitting a contagious or possibly contagious

disease to others.

f. The needs of persons isolated and quarantined must be addressed in a

systematic and competent fashion, including providing adequate food, clothing,

shelter, means of communication with those in isolation or quarantine and outside

these settings, medication, and competent medical care.

g. Premises used for isolation and quarantine must be maintained in a safe and

hygienic manner and be designed to minimize the likelihood of further

transmission of infection or other harm to persons isolated and quarantined.

h. To the extent possible, cultural and religious beliefs must be considered in

addressing the needs of individuals and establishing and maintaining isolation

and quarantine premises.

3. Cooperation. Persons subject to isolation or quarantine shall obey the health officer's

rules and orders and must not go beyond the isolation or quarantine premises. Failure

to obey these provisions is a class B misdemeanor.

4. Entry into isolation or quarantine premises.

a. Authorized entry. The state or local health officer may authorize physicians,

health care workers, or others access to individuals in isolation or quarantine as

necessary to meet the needs of isolated or quarantined individuals.

b. Unauthorized entry. A person, other than a person authorized by the state or local

health officer, must not enter isolation or quarantine premises. Failure to obey this

provision is a class B misdemeanor.

c. Potential isolation or quarantine. A person entering an isolation or quarantine

premises with or without authorization of the state or local health officer may be

isolated or quarantined pursuant to subsection 1.

5. This section does not authorize the state health officer or a local public health officer to

commandeer, in whole or in part, any hospital or other medical facility.
N.D. Cent. Code § 23-11-21 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-21
23-11-21. Bonds - Liability - Tax exempt
Status: in_force

23-11-21. Bonds - Liability - Tax exempt

Neither the commissioners of an authority nor any person executing bonds of the authority

is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other

obligations of an authority are not a debt of the city, county, or state, nor of any political

subdivision, unless a city or county pledges its general obligation to the payment of the bonds

under subsection 23 of section 23-11-24. The bond obligations are declared to be issued for an

essential public and governmental purpose and to be public instrumentalities and the bonds,

together with the interest on the bonds and income from the bonds are exempt from taxation.

The tax exemption provisions of this chapter are considered part of the contract for the security

of the bond obligations authorized by this chapter and do not need to be restated in the bond

obligations.
N.D. Cent. Code § 23-09.3-02 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-02
23-09.3-02. Residential areas - Nongeriatric persons
Status: in_force

23-09.3-02. Residential areas - Nongeriatric persons

A nursing home, intermediate care facility, basic care facility, or any combination of a

nursing home, intermediate care facility, or basic care facility may establish residential areas

specifically for inhabitation by nongeriatric persons subject to any reasonable rules adopted by

the department.
N.D. Cent. Code § 23-50-04 — ND Code / Title 23 / Chapter 23-50 / Section 23-50-04
23-50-04. Access to records
Status: in_force

23-50-04. Access to records

Upon the written request of the presiding officer of the panel, a health care facility and

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

requested by the panel and pertain to an identified drug fatality. The presiding officer may

request records from the most recent thirty-six-month period.
N.D. Cent. Code § 23-28-05 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-05
23-28-05. Duty of others
Status: in_force

23-28-05. Duty of others

1. A person, other than a law enforcement officer or medical practitioner, who finds a

disabled person shall make a reasonable effort to notify a law enforcement officer. If a

law enforcement officer or medical practitioner is not present, a person who finds a

disabled person may make a reasonable search for an identifying device, and if the

identifying device is found may make a reasonable search for an identification card of

the type described in subsection 2 of section 23-28-02. If a device or card is located,

the person making the search shall attempt promptly to bring its contents to the

attention of a law enforcement officer or medical practitioner.

2. A claim for relief does not arise from a reasonable search to locate an identifying

device or identification card as authorized by subsection 1.
N.D. Cent. Code § 23-10-11 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-11
23-10-11. Ejection from premises
Status: in_force

23-10-11. Ejection from premises

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

may eject any person from the premises for nonpayment of charges or fees for

accommodations, for a violation of law, for disorderly conduct, for a violation of any regulation of

the department, or for a violation of any reasonable rule of the mobile home park, recreational

vehicle park, or campground which is publicly posted within the park or campground.
N.D. Cent. Code § 23-17.3-04 — ND Code / Title 23 / Chapter 23-17.3 / Section 23-17.3-04
23-17.3-04. Issuance and renewal of licenses - Evaluation
Status: in_force

23-17.3-04. Issuance and renewal of licenses - Evaluation

On receipt of an initial or renewal application, the department or its authorized agent shall

evaluate the home health agency. If minimum standards described in section 23-17.3-05 are

met, the department shall issue the license for renewal.
N.D. Cent. Code § 23-09-17 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-17
23-09-17. License fees
Status: repealed

23-09-17. License fees

Repealed by S.L. 2005, ch. 32, § 19.
N.D. Cent. Code § 23-01-28 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-28
23-01-28. Combined purchasing with local public health units - Continuing appropriation
Status: in_force

23-01-28. Combined purchasing with local public health units - Continuing

appropriation.

The department of health and human services may make combined or joint purchases with

or on behalf of local public health units for items or services. Payments received by the

department of health and human services from local public health units pursuant to a combined

or joint purchase must be deposited in the operating fund and are appropriated as a standing

and continuing appropriation to the department of health and human services for the purpose of

this section.
N.D. Cent. Code § 23-24-07 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-07
23-24-07. Bonds of officers and employees
Status: in_force

23-24-07. Bonds of officers and employees

The treasurer of the district must be bonded in an amount required by the board of

commissioners but the bond may not be less than one thousand dollars. Other district

employees must be bonded in an amount determined by the board. Every officer or employee of

whom a bond is required must be deemed bonded with the state bonding fund upon notice of

the appointment of the individual given to the administrator of the fund by the secretary of the

district. Upon notification of the state bonding fund of the premium required, the treasurer shall

remit the payment.
N.D. Cent. Code § 23-28-09 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-09
23-28-09. Short title
Status: in_force

23-28-09. Short title

This chapter may be cited as the Uniform Duties to Disabled Persons Act.
N.D. Cent. Code § 23-17.7-04 — ND Code / Title 23 / Chapter 23-17.7 / Section 23-17.7-04
23-17.7-04. Denial, suspension, or revocation of license
Status: in_force

23-17.7-04. Denial, suspension, or revocation of license

The department may deny, suspend, or revoke the license of a residential end-of-life facility

for noncompliance with this chapter or rules adopted under this chapter in accordance with the

administrative hearings provisions of chapter 28-32.
N.D. Cent. Code § 23-13-03.2 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-03.2
23-13-03.2. Liquefied petroleum gas containers - Unauthorized use - Prohibited covering of identification marks
Status: in_force

23-13-03.2. Liquefied petroleum gas containers - Unauthorized use - Prohibited

covering of identification marks.

It is unlawful for any person except the owner or the owner's authorized agent to fill, drain,

or refill a liquefied petroleum gas container; or buy, sell, offer for sale, give, take, loan, deliver, or

permit to be delivered, or otherwise use a liquefied petroleum gas container if the container

bears upon its surface, in plainly legible characters, the name, initials, mark, or other identifying

device of the owner; nor may any person other than the owner of a liquefied petroleum

container or a person so authorized by the owner, deface, erase, obliterate, cover up, or

otherwise remove or conceal any name, mark, initial, or identifying device on the container.
N.D. Cent. Code § 23-51-04 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-04
23-51-04. Powers and duties of school - Continuing appropriation
Status: in_force

23-51-04. Powers and duties of school - Continuing appropriation

1. The school shall provide or arrange for administrative services to assist the committee

in performing official duties, including collection and management of case review files,

maintenance of records, collection and analysis of data, and the issuance of an annual

state report on maternal mortality. The school is responsible for the confidentiality and

security of data on the sharing site on which the documents are stored.

2. The school may accept gifts and grants from any source to fund the duties of the

department and the committee under this chapter. The school shall apply for and use

available federal money to fund the duties of the committee under this chapter. All

moneys received by the school under this section are appropriated on a continuing

basis to the school for the purpose of funding the duties of the committee and the

department under this chapter.
N.D. Cent. Code § 23-01.1-02 — ND Code / Title 23 / Chapter 23-01.1 / Section 23-01.1-02
23-01.1-02. Powers of health data committee
Status: repealed

23-01.1-02. Powers of health data committee

Repealed by S.L. 2013, ch. 207, § 6.
N.D. Cent. Code § 23-06-31 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-31
23-06-31. Cremation or other lawful disposition of a body - Authorization document - Immunity
Status: in_force

23-06-31. Cremation or other lawful disposition of a body - Authorization document -

Immunity.

1. A legally competent adult may prepare a written statement directing the cremation or

other lawful disposition of that adult's own remains pursuant to section 23-06-03. The

written statement must be signed and dated by the legally competent adult and may

be part of the legally competent adult's will.

2. A document that conforms to this section authorizes a crematorium or funeral

establishment to carry out the instructions of the legally competent adult who is the

subject of the document. It is not necessary for a crematorium or funeral establishment

to obtain the consent or concurrence of any other person when the crematorium or

funeral establishment cremates or otherwise provides for the lawful disposition of a

body pursuant to instructions contained in a document that conforms to this section.

3. This section does not mandate that a crematorium or funeral establishment cremate or

otherwise provide for the lawful disposition of a body pursuant to the document unless

the legally competent adult who executed the document articulated and funded in a

pre-need funeral service contract the legally competent adult's instructions as

expressed in the document.

4. A crematorium or funeral establishment that cremates or otherwise provides for the

lawful disposition of a body in good-faith reliance upon instructions of a decedent or an

individual to whom the crematorium or funeral establishment reasonably believes is

entitled to control final disposition pursuant to section 23-06-03 or on an apparently

genuine document executed pursuant to this section is not subject to criminal

prosecution, civil liability, or professional discipline. The decision of a crematorium or

funeral establishment to cremate or otherwise provide for the lawful disposition of a

body in reliance on a document executed pursuant to this section is presumed to be

made in good faith.
N.D. Cent. Code § 23-09.3-11 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-11
23-09.3-11. Department to furnish information when requested
Status: in_force

23-09.3-11. Department to furnish information when requested

If called upon by any person, organization, corporation, limited liability company, or

community interested in establishing a basic care facility, the department shall furnish

information concerning the laws and rules governing operation of a basic care facility.
N.D. Cent. Code § 23-12-10.1 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-10.1
23-12-10.1. Responsibility of proprietors
Status: repealed

23-12-10.1. Responsibility of proprietors

Repealed by S.L. 2005, ch. 239, § 7.
N.D. Cent. Code § 23-17.6-07 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-07
23-17.6-07. Application and renewal fees
Status: in_force

23-17.6-07. Application and renewal fees

The department shall adopt by rule the fee for registering an extended stay center, not to

exceed an application fee of fifteen thousand dollars and an annual renewal fee of fifteen

thousand dollars.
N.D. Cent. Code § 23-06.5-15 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-15
23-06.5-15. Validity of previously executed durable powers of attorney or other directives
Status: in_force

23-06.5-15. Validity of previously executed durable powers of attorney or other

directives.

A health care directive executed before August 1, 2005, which complies with the law in

effect at the time it was executed, including former chapter 23-06.4, must be given effect

pursuant to this chapter. This chapter does not affect the validity or enforceability of a durable

power of attorney for health care executed before August 1, 2005.
N.D. Cent. Code § 23-16-01 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-01
23-16-01. Licensure of medical hospitals and state hospitals
Status: in_force

23-16-01. Licensure of medical hospitals and state hospitals

After July 1, 1947, no person, partnership, association, corporation, limited liability company,

county or municipal corporation, or agency thereof, which maintains and operates organized

facilities for the diagnosis, treatment, or care of two or more nonrelated persons suffering from

illness, injury, or deformity or where obstetrical or other care is rendered over a period

exceeding twenty-four hours, may be established, conducted, or maintained in the state of North

Dakota without obtaining annually a license therefor in the manner hereinafter provided in

sections 23-16-02 and 23-16-03. Chiropractic hospitals, sanatoriums, American society of

addiction medicine level 3.7 substance use treatment programs licensed by the department of

health and human services that are independent from a medical hospital, and hospitals such as

those for unmarried mothers maintained and operated by the department of health and human

services are not required to obtain a license under this chapter.

In the case of emergency or transfer beds attached to and forming a part of a licensed

medical doctor's office, the department of health and human services has the right of inspection,

but no license may be required under the provisions of this chapter when the number of such

beds does not exceed four.
N.D. Cent. Code § 23-09-23 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-23
23-09-23. Exemption for bed and breakfast facilities
Status: in_force

23-09-23. Exemption for bed and breakfast facilities

This chapter does not apply to bed and breakfast facilities for which rules have been

adopted under chapter 23-09.1.
N.D. Cent. Code § 23-21-21 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-21
23-21-21. Endowment care fund for cemetery of reinterment
Status: in_force

23-21-21. Endowment care fund for cemetery of reinterment

From the money remaining in the treasury of the cemetery corporation, limited liability

company, or association after completing the removal and reinterment of the remains from its

cemetery lands and the payment of all incidental expenses, the cemetery corporation, limited

liability company, or association shall set aside an adequate endowment care fund for the

maintenance and care of the cemetery in which the remains have been interred. After making

provisions for an endowment care fund to provide for maintenance and care, the governing

body of the cemetery corporation, limited liability company, or association may use such portion

of the funds then remaining as it may determine to be just and fair in reimbursing those who

voluntarily and at their own cost and expense removed the remains of friends or relatives from

the cemetery lands from which the remains were ordered removed. Such reimbursement may

not be greater in amount than the average cost to the cemetery corporation, limited liability

company, or association for removals directly made by it. Any balance remaining in the fund

may be used for such other purposes as the cemetery corporation, limited liability corporation,

or association may lawfully declare.
N.D. Cent. Code § 23-17-03 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-03
23-17-03. Application for licenses
Status: in_force

23-17-03. Application for licenses

Any person, partnership, association, corporation, or limited liability company desiring a

license hereunder shall file with the state chiropractic board of examiners a verified application

containing the name of the applicant desiring the license; whether such person so applying is

eighteen years of age; the type of institution to be operated; the location thereof; the name of

the person or persons in charge thereof, and if they have met the minimum standards set by the

national council of chiropractic hospitals and sanatoriums; and such other information as the

state board of chiropractic examiners may require. Application on behalf of a corporation, limited

liability company, or association must be made by any two officers or managers thereof or by its

managing agents.
N.D. Cent. Code § 23-07-02.3 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-02.3
23-07-02.3. Emergency reporting
Status: in_force

23-07-02.3. Emergency reporting

1. The state health officer may issue a temporary order for emergency reporting of

disease conditions or information if the state health officer finds probable cause to

believe there is a threat caused by an imminent or emerging condition affecting the

public health, including actual or threatened terrorism.

2. The state health officer may designate who must report, what conditions or information

must be reported, what information must be contained in the report, the methods and

frequency of reporting, and may make any other pertinent requirement.

3. The temporary order may be issued and is effective without regard to chapter 28-32 for

a period of ninety days, unless earlier revoked by the state health officer. Emergency

rulemaking must be initiated under chapter 28-32 within ninety days of the order or the

order expires. The temporary order and any emergency rulemaking under this section

are effective without the necessity of approval from the department of health and

human services.

4. If the governor declares an emergency or a disaster based on an epidemic under

chapter 37-17.1, the state health officer shall consider whether to issue a temporary

order to include this infectious disease as a reportable disease or condition or as a

post-mortem communicable disease.
N.D. Cent. Code § 23-17-04 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-04
23-17-04. Fees
Status: in_force

23-17-04. Fees

The application for a license to operate a chiropractic hospital, sanatorium, or related

institution within the meaning of this chapter must be accompanied by a fee of five dollars. No

such fee may be refunded. All such licenses issued by the North Dakota state chiropractic board

of examiners under this chapter expire on the thirty-first day of December each year, must be on

a form prescribed by said department, shall not be transferred or assignable, may be issued

only for the premises named in the application, must be posted in a conspicuous place on the

licensed premises, and may be renewed from year to year upon application, investigation by the

state chiropractic board of examiners, and payment of a license fee, as in the case of

procurement of an original license.
N.D. Cent. Code § 23-10-04 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-04
23-10-04. Inspection
Status: in_force

23-10-04. Inspection

The department may inspect the premises as soon as practical after receiving an

application for a mobile home park, recreational vehicle park, or campground license. If the

department is satisfied from the application or inspection that the mobile home park,

recreational vehicle park, or campground will not be a source of danger to the health and safety

of the occupants or the general public, the department shall notify the applicant of approval of

the application. The department must have access to and may inspect mobile home parks,

recreational vehicle parks, and campgrounds at reasonable times. The department may inspect

each mobile home park, recreational vehicle park, and campground in response to a complaint,

violation of state law, or on a routine schedule determined by the department.
N.D. Cent. Code § 23-07-11 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-11
23-07-11. Duty of parent to report to health officer
Status: in_force

23-07-11. Duty of parent to report to health officer

If one or both eyes of an infant becomes inflamed, swollen, or reddened, or shows any

unnatural discharge or secretion at any time within two weeks after birth, and if no legally

qualified physician is in attendance upon the infant at that time, the parents of the child, or in

their absence, whoever is caring for said infant, shall report the fact in writing, within six hours

after discovery, to the health officer having jurisdiction. Such report need not be made from a

recognized hospital.
N.D. Cent. Code § 23-06.5-16 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-16
23-06.5-16. Use of statutory form
Status: in_force

23-06.5-16. Use of statutory form

The statutory health care directive form described in section 23-06.5-17 may be used and is

an optional form, but not a required form, by which a person may execute a health care directive

pursuant to this chapter. Another form may be used if it complies with this chapter.
N.D. Cent. Code § 23-06.3-01 — ND Code / Title 23 / Chapter 23-06.3 / Section 23-06.3-01
23-06.3-01. Determination of death
Status: in_force

23-06.3-01. Determination of death

An individual who has sustained either irreversible cessation of circulatory and respiratory

functions or irreversible cessation of all functions of the entire brain, including the brain stem, is

dead. A determination of death must be made in accordance with accepted medical standards.
N.D. Cent. Code § 23-06-07 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-07
23-06-07. Regulation of final disposition - Issuance of final disposition-transit permit regulated
Status: in_force

23-06-07. Regulation of final disposition - Issuance of final disposition-transit permit

regulated.

The body of any individual whose death occurs in this state may not be interred, deposited

in a vault or tomb, cremated, donated to a school of medicine, or otherwise disposed as

authorized by law, until a final disposition-transit permit has been properly issued by a

subregistrar. If the certificate is incorrect or incomplete, the subregistrar may not issue the

permit until it is corrected or completed. In the case of any death outside of this state, a final

disposition-transit permit issued in accordance with the law and the health regulations in force in

the state where the death occurred, when accompanying a body shipped through or into this

state, may be accepted with the same effect as a permit from a subregistrar. If the death

occurred from some disease that is held to be communicable by the department of health and

human services, the subregistrar shall refuse to issue a permit for the removal or other

disposition of the body except under the conditions prescribed by the department of health and

human services and the local board of health.
N.D. Cent. Code § 23-09-18 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-18
23-09-18. Failure to comply with chapter - Notice - How served
Status: in_force

23-09-18. Failure to comply with chapter - Notice - How served

The department may deny an application or take disciplinary action against the license of an

applicant or a licensee upon the failure of the applicant or licensee to comply with this chapter or

with any of the rules adopted by the department. Before the department takes disciplinary action

against a license for failure of a license, the department shall notify the licensee in writing of the

reason disciplinary action is being considered and shall provide a reasonable amount of time for

correction to be made. The notice must be in writing and delivered personally by an inspector of

the department or sent by registered or certified mail. Action taken under the authority granted in

this section must comply with chapter 28-32.
N.D. Cent. Code § 23-27.1-04 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-04
23-27.1-04. Compact privilege to practice
Status: in_force

23-27.1-04. Compact privilege to practice

1. Member states shall recognize the privilege to practice of an individual licensed in

another member state that is in conformance with section 23-27.1-03.

2. To exercise the privilege to practice under the terms and provisions of this compact, an

individual must:

a. Be at least 18 years of age;

b. Possess a current unrestricted license in a member state as an emergency

medical technician, advanced emergency medical technician, paramedic, or state

recognized and licensed level with a scope of practice and authority between

emergency medical technician and paramedic; and

c. Practice under the supervision of a medical director.

3. An individual providing patient care in a remote state under the privilege to practice

shall function within the scope of practice authorized by the home state unless and

until modified by an appropriate authority in the remote state as may be defined in the

rules of the commission.

4. Except as provided in subsection 3, an individual practicing in a remote state is subject

to the remote state's authority and laws. A remote state may, in accordance with due

process and that state's laws, restrict, suspend, or revoke an individual's privilege to

practice in the remote state and may take any other necessary actions to protect the

health and safety of its citizens. If a remote state takes action, that remote state shall

promptly notify the home state and the commission.

5. 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.

6. If an individual's privilege to practice in any remote state is restricted, suspended, or

revoked, the individual is not eligible to practice in any remote state until the

individual's privilege to practice is restored.
N.D. Cent. Code § 23-09-02.1 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-02.1
23-09-02.1. Smoke detection devices or other approved alarm systems - Administrative procedure and judicial review
Status: in_force

23-09-02.1. Smoke detection devices or other approved alarm systems -

Administrative procedure and judicial review.

Each lodging establishment and assisted living facility shall install smoke detection devices

or other approved alarm systems of a type and in the number approved by the department, in

cooperation with the state fire marshal. The department, in cooperation with the state fire

marshal, shall adopt reasonable rules governing the spacing and minimum specifications for

approved smoke detection devices or other approved alarm systems. The department and state

fire marshal shall provide all reasonable assistance required in complying with the provisions of

this section.
N.D. Cent. Code § 23-51-03 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-03
23-51-03. Powers and duties of committee
Status: in_force

23-51-03. Powers and duties of committee

1. The committee shall:

a. Identify maternal mortality cases in the state;

b. Obtain and conduct comprehensive reviews of medical records and other

relevant data using best practices for case reviews to identify factors associated

with the deaths;

c. Consult, as appropriate, with relevant experts to evaluate and interpret the

records and data;

d. Consult, as appropriate, with family members and other affected or involved

persons to collect additional relevant information;

e. Make determinations regarding the preventability of maternal deaths;

f. Develop policy recommendations to improve health care services for women and

reduce the incidence of maternal mortality in the state;

g. Convene annually and provide committee members with the available information

necessary to fully review each case; and

h. Compile annually a state report of fatalities reviewed.

2. The committee may review cases and trends in severe maternal morbidity.
N.D. Cent. Code § 23-06-15 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-15
23-06-15. When body not to be used for dissection
Status: in_force

23-06-15. When body not to be used for dissection

If a person mentioned in section 23-06-14 has requested, during that person's last illness,

that that person be buried, that person's body may not be surrendered for dissection but must

be buried. If any friend, relative, or guardian of any such person requests, within thirty-six hours

after that person's death, that the body be turned over to such friend, relative, or guardian for

interment, such request must be complied with.
N.D. Cent. Code § 23-02.1-21 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-21
23-02.1-21. Permits
Status: in_force

23-02.1-21. Permits

1. The funeral practitioner who first obtains custody of a dead body or fetus shall obtain a

final disposition-transit permit before final disposition or removal from this state of the

body or fetus.

2. The final disposition-transit permits must be issued by the state registrar or a

subregistrar and must be filed in the office of the county recorder where the final

disposition occurs in accordance with the requirements of sections 23-02.1-19 and

23-02.1-20.

3. A final disposition-transit permit issued under the laws of another state which

accompanies a dead body or fetus brought into this state is authority for final

disposition of the body or fetus in this state.

4. A permit for disinterment and reinterment is required before disinterment of a dead

body or fetus except as authorized by rules or otherwise provided by law. The permit

must be issued by the state registrar to a funeral practitioner upon proper application.
N.D. Cent. Code § 23-13-16 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-16
23-13-16. Aboveground storage tanks permitted - Limitations
Status: in_force

23-13-16. Aboveground storage tanks permitted - Limitations

Subject to local zoning ordinances, a business selling petroleum products for dispensing

into motor vehicles may utilize aboveground tanks with a maximum capacity not exceeding

nineteen thousand gallons [71922.6 liters] for the storage of petroleum products. No business

selling petroleum products for dispensing into motor vehicles may use aboveground storage

tanks with an aggregate capacity of more than ninety-five thousand gallons [359613 liters] for

the storage of petroleum products at one location.
N.D. Cent. Code § 23-06-30 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-30
23-06-30. Abandoned cemeteries to be maintained by counties
Status: in_force

23-06-30. Abandoned cemeteries to be maintained by counties

The board of county commissioners of each county may provide for the identification,

cataloging, recording, and shall provide for the general maintenance and upkeep of each

abandoned cemetery located within such county using revenues derived from its general fund

levy authority. The board shall, at least once each year, proceed to have the weeds and grass

cut, restore gravestones to their original placement, and perform any other general maintenance

necessary to maintain the dignity and appearance of the grounds. For the purposes of this

section, a cemetery means any tract of land used as a burial plot and which is filed with the

recorder of the county as a public burying place. The board of county commissioners of each

county shall provide for the registration, with the department of health and human services, of

each abandoned cemetery within such county unless such cemetery has been previously

registered. Such registration must take place within one year of notification being made to the

board, by any interested party of the existence of such abandoned cemetery.
N.D. Cent. Code § 23-10.1-02 — ND Code / Title 23 / Chapter 23-10.1 / Section 23-10.1-02
23-10.1-02. Conditions for appointment of receiver
Status: in_force

23-10.1-02. Conditions for appointment of receiver

1. When the department revokes the license of a mobile home park, the department may

file a petition with the district court to place the mobile home park under the control of

a receiver for repeated or serious violations of chapter 23-10 or the administrative

rules of the department, or to protect health or safety.

2. The court may grant the petition after finding:

a. The mobile home park committed, or is continuing to commit repeated or serious

violations of chapter 23-10 or the administrative rules of the department; or

b. Health or safety would be seriously threatened if a condition existing at the time

the petition was filed continues.
N.D. Cent. Code § 23-21.1-04 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-04
23-21.1-04. Previously existing organizations
Status: in_force

23-21.1-04. Previously existing organizations

Any such organization subject to the provisions of this chapter which was organized and

engaged in business prior to the effective date of this chapter shall be a perpetual care

cemetery if it at all times subsequent to the effective date of this chapter complies with the

requirements of a perpetual care cemetery as set forth in section 23-21.1-03.
N.D. Cent. Code § 23-06.5-11 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-11
23-06.5-11. Reciprocity
Status: in_force

23-06.5-11. Reciprocity

This chapter does not limit the enforceability of a health care directive or similar instrument

executed in another state or jurisdiction in compliance with the law of that state or jurisdiction.
N.D. Cent. Code § 23-28-06 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-06
23-28-06. Falsifying identification or misrepresenting condition - Penalty
Status: in_force

23-28-06. Falsifying identification or misrepresenting condition - Penalty

A person who, with intent to deceive, provides, wears, uses, or possesses a false identifying

device or identification card of the type described in subsection 2 of section 23-28-02 is guilty of

a class B misdemeanor.
N.D. Cent. Code § 23-36-07 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-07
23-36-07. Penalty for violation of order or interference
Status: in_force

23-36-07. Penalty for violation of order or interference

A person is guilty of an infraction if the person:

1. Conceals, releases, or removes an animal from the place where the animal is located

with intent to impair that animal's availability for seizure under that warrant or order

while the person is under the belief that a search warrant or judicial order is pending or

is about to be issued for the seizure of an animal;

2. Fails to impound or quarantine an animal for the period and at the place specified after

having been ordered to impound or quarantine the animal; or

3. Recklessly hinders any state or local official in any pending or prospective action to

seize, impound, quarantine, or test an animal under this chapter.
N.D. Cent. Code § 23-06-28 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-28
23-06-28. Arresting or attaching dead body - Penalty
Status: in_force

23-06-28. Arresting or attaching dead body - Penalty

Every person who arrests or attaches any dead body of a human being upon any debt or

demand whatever, or who detains or claims to detain it for any debt or demand or upon any

pretended lien or charge, is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-28-07 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-07
23-28-07. Other duties
Status: in_force

23-28-07. Other duties

The duties imposed by this chapter are in addition to, and not in limitation of, other duties

existing under the law of this state.
N.D. Cent. Code § 23-24-05 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-05
23-24-05. Board of commissioners - Composition - Appointment - Term of office - Vacancy - Compensation
Status: in_force

23-24-05. Board of commissioners - Composition - Appointment - Term of office -

Vacancy - Compensation.

When an order of the council creating a vector control district has been filed in the office of

the county auditor of a county in which the district or a part of the district is situated, a

three-member board of commissioners of the vector control district must be appointed as

provided by this section. Any resident freeholder in the district is eligible for appointment to the

board of commissioners thereof. The term of commissioners first appointed must be determined

by lot. One commissioner shall hold office for a term of two years, one shall serve for a term of

three years, and one shall serve for a term of five years. The term of a commissioner

commences on the date of appointment. If the office of a commissioner becomes vacant, the

commissioner appointed to fill the vacancy shall serve the unexpired term of the member of the

board of commissioners whom the new commissioner replaces. Any vacancy must be filled in

the manner provided for original appointments. Appointments to the board of commissioners

must be made by the board of county commissioners of the county containing the largest area

of the vector control district. Any member of the board of commissioners may be removed upon

a majority vote of the board of county commissioners that appoints members for the board of

commissioners and the board of commissioners may be dissolved upon a majority vote of the

board of county commissioners that appoints the members for the board. The appointing

authority shall establish the rate of compensation for commissioners and actual expenses

incurred by commissioners may be reimbursed at the official reimbursement rates of the

appointing authority.
N.D. Cent. Code § 23-09-01 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-01
23-09-01. Definitions
Status: in_force

23-09-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Assisted living facility" means a building or structure containing a series of at least five

living units operated as one entity to provide services for five or more individuals who

are not related by blood, marriage, or guardianship to the owner or manager of the

entity and which is kept, used, maintained, advertised, or held out to the public as a

place that provides or coordinates individualized support services to accommodate the

individual's needs and abilities to maintain as much independence as possible. An

assisted living facility in this chapter includes a facility that is defined as an assisted

living facility in any other part of the code. An assisted living facility does not include a

facility that is a congregate housing facility, licensed as a basic care facility, or licensed

under chapter 23-16, chapter 23-17.7, chapter 25-16, or section 50-11-01.4.

2. "Bakery" means an establishment or any part of an establishment that manufactures

or prepares bread or bread products, pies, cakes, cookies, crackers, doughnuts, or

other similar products, or candy, whether plain; chocolate or chocolate coated; mixed

with nuts, fruits, or other fillers; covered with chocolate or other coating; and shaped,

molded, or formed in various shapes. The term does not include food service

establishments nor home cake decorators.

3. "Child care food service establishment" means food service that is prepared in a

kitchen owned and operated by a child care provider licensed in accordance with

chapter 50-11.1 for more than thirty children.

4. "Commissary" means a catering establishment, restaurant, or any other place in which

food, containers, or supplies are kept, handled, prepared, packaged, or stored,

including a service center or base of operations directly from which mobile food units

are supplied or serviced. The term does not include an area or conveyance at a

vending machine location used for the temporary storage of packaged food or

beverages.

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

6. "Food establishment" means any fixed restaurant, limited restaurant, coffee shop,

cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain,

tavern, bar, catering kitchen, delicatessen, bakery, grocery store, meat market, food

processing plant, school, child care, mobile or temporary food establishment, or similar

place in which food or drink is prepared for sale or service to the public on the

premises or elsewhere with or without charge.

7. "Food processing plant" means a commercial operation that manufactures, packages,

labels, or stores food for human consumption and does not provide food directly to a

consumer.

8. "Limited restaurant" means a food service establishment that is restricted to a specific

menu as determined by the department or an establishment serving only prepackaged

foods, such as frozen pizza and sandwiches, which receive no more than heat

treatment and are served directly in the package or on single-serve articles.

9. "Lodging establishment" includes every building or structure, or any part thereof, which

is kept, used, maintained, or held out to the public as a place where sleeping

accommodations are furnished to transient guests for a charge. The term does not

include single structures with five or fewer guest rooms and ten or fewer total

occupants, a series or group of buildings or structures containing five or fewer guest

rooms and ten or fewer total occupants operated as one entity under a single

ownership on the same property or physical location, or a facility providing personal

care services directly through contract services as provided under section 23-09.3-01

or 50-32-01.

10. "Mobile food unit" means a vehicle-mounted food service establishment designed to

be readily movable.

11. "Proprietor" includes the person in charge of a food establishment, lodging

establishment, or assisted living facility, whether as owner, lessee, manager, or agent.

12. "Pushcart" means a non-self-propelled vehicle limited to serving nonpotentially

hazardous food or commissary-wrapped food maintained at proper temperatures.

13. "Restaurant" includes every building or other structure, or any part thereof, and all

buildings in connection therewith, that are permanently kept, used, maintained,

advertised, or held out to the public as a place where meals or lunches are served, but

where sleeping accommodations are not furnished. The term includes a limited

restaurant restricted to a specified menu.

14. "Retail food store" means any establishment or section of an establishment where

food and food products are offered to the consumer and intended for offpremise

consumption. The term includes a delicatessen that offers prepared food in bulk

quantities only. The term does not include an establishment that handles only

prepackaged nonpotentially hazardous foods, roadside market that offers only fresh

fruits and vegetables for sale, food service establishment, or food and beverage

vending machine.

15. "Retail meat market" means a commercial establishment and buildings or structures

connected with it, used to process, store, or display meat or meat products for retail

sale to the public for human consumption. The term does not include a meat

establishment operating under the federal or state meat inspection program.

16. "Salvage processing facility" means an establishment engaged in the business of

reconditioning or by other means salvaging distressed merchandise for human

consumption or use.

17. "Temporary food service establishment" means any food service establishment that

operates at a fixed location for not more than fourteen consecutive days. The term

does not include a nonprofit public-spirited organization or person providing a limited

type of food service as defined in chapter 23-09.2.

18. "Transient guest" means occupancy of a guest room for a period of fewer than thirty

consecutive days or one month, whichever is more.
N.D. Cent. Code § 23-39-04 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-04
23-39-04. Liability
Status: in_force

23-39-04. Liability

A tanning facility's compliance with this chapter does not relieve the owner or any employee

of the tanning facility from liability for injury sustained by a user of a tanning device.
N.D. Cent. Code § 23-07-01.2 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-01.2
23-07-01.2. Rules
Status: in_force

23-07-01.2. Rules

The department may adopt rules under chapter 28-32 for the efficient enforcement of this

chapter.
N.D. Cent. Code § 23-39-06 — ND Code / Title 23 / Chapter 23-39 / Section 23-39-06
23-39-06. Injury reports
Status: in_force

23-39-06. Injury reports

If a customer of a tanning facility reports a sunburn injury to that facility resulting from the

use of its tanning device, the owner shall provide the customer with written information on how

to report the alleged injury to the department of health and human services. If a health care

provider treats a patient for a sunburn injury and determines, in the exercise of professional

judgment, that the injury occurred as a result of using a tanning device at a tanning facility, the

health care provider shall report the circumstances of the injury to the department of health and

human services. A health care provider making or not making a report in good faith pursuant to

this section is immune from liability for making or not making a report.
N.D. Cent. Code § 23-01-32 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-32
23-01-32. Viral hepatitis program - Vaccination - Study
Status: in_force

23-01-32. Viral hepatitis program - Vaccination - Study

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

hepatitis program with the goal of distributing to residents of the state who are at an

increased risk for exposure to viral hepatitis information that addresses the higher

incidence of hepatitis C exposure and infection among these populations, addresses

the dangers presented by the disease, and provides contacts for additional information

and referrals.

2. The department shall establish a list of classes of individuals by category that are at

increased risk for viral hepatitis exposure. The list must be consistent with

recommendations developed by the federal centers for disease control and prevention.

The department shall determine the type of information the department will distribute

under the program and the form and manner of distribution.

3. The department shall establish a vaccination and testing program, to be coordinated

by the department through local public health units.
N.D. Cent. Code § 23-07.6-01 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-01
23-07.6-01. Definitions
Status: in_force

23-07.6-01. Definitions

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

1. "Communicable disease" means a disease or condition that causes serious illness,

serious disability, or death, the infectious agent of which may pass or be carried,

directly or indirectly, from the body of one person to the body of another.

2. "Confinement" means quarantine or isolation.

3. "Isolation" means the physical separation and restrictions on movement or travel of an

individual or groups of individuals who are infected or reasonably believed to be

infected with a contagious or possibly contagious disease from nonisolated individuals,

to prevent or limit the transmission of the disease to nonisolated individuals.

4. "Local board" means a board of health as defined under section 23-35-01.

5. "Local health officer" means the health officer of a local board.

6. "Quarantine" means the physical separation and restrictions on movement or travel of

an individual or groups of individuals, who are or may have been exposed to a

contagious or possibly contagious disease and who do not show signs or symptoms of

a contagious disease, from nonquarantined individuals to prevent or limit the

transmission of the disease to nonquarantined individuals.

7. "Respondent" means the person or group of persons ordered to be confined or

restricted under this chapter.
N.D. Cent. Code § 23-51-07 — ND Code / Title 23 / Chapter 23-51 / Section 23-51-07
23-51-07. Immunity
Status: in_force

23-51-07. Immunity

A member of the committee or person employed by or acting in an advisory capacity to the

committee and which provides information, counsel, or services to the committee is not liable for

damages for an action taken within the scope of the functions of the committee. Members of the

committee may not be questioned in any civil or criminal proceeding regarding the information

presented in or opinions formed as a result of a meeting or communication of the committee. A

committee member or health care provider providing access to medical records pursuant to this

chapter may not be held liable for civil damages or be subject to any criminal or disciplinary

action for a good-faith effort in providing the records.
N.D. Cent. Code § 23-21-22 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-22
23-21-22. Use of funds for perpetual or other care or improvement of cemetery of reinterment
Status: in_force

23-21-22. Use of funds for perpetual or other care or improvement of cemetery of

reinterment.

Whenever any cemetery corporation, limited liability company, or association having a

governing body has caused the removal of remains from all or any portion of its cemetery and

has funds in its treasury which are not required for other purposes, it may set aside, invest, use,

and apply from such unexpended funds such sum as, in the judgment of the governing body, it

is necessary or expedient to provide for the perpetual or other care or improvement of any

cemetery in which the disinterred remains may be reinterred. In lieu of itself investing, using or

applying the funds for care or improvement, the cemetery corporation, limited liability company,

or association may transfer the funds to any other corporation under such conditions and

regulations as in the judgment of the governing body will ensure their application to the

purposes of care or improvement. Before any such transfer of funds is made, the cemetery

corporation, limited liability company, or association shall obtain an order authorizing the

transfer from the district court of the county where the cemetery or portion from which the

remains were removed is situated. The order must be obtained upon petition of the cemetery

corporation, limited liability company, or association, after such notice by publication as the court

may direct, and any member or former plot owner may support or oppose the granting of the

order by affidavit or otherwise. Before making the order, proof must be made to the satisfaction

of the court that notice has been given and that it is for the best interest of the cemetery

corporation, limited liability company, or association that the transfer be made.
N.D. Cent. Code § 23-06.5-02 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-02
23-06.5-02. Definitions
Status: in_force

23-06.5-02. Definitions

In this chapter, unless the context otherwise requires:

1. "Agent" means an adult to whom authority to make health care decisions is delegated

under a health care directive for the individual granting the power.

2. "Attending physician" means the physician, selected by or assigned to a patient, who

has primary responsibility for the treatment and care of the patient.

3. "Capacity to make health care decisions" means the ability to understand and

appreciate the nature and consequences of a health care decision, including the

significant benefits and harms of and reasonable alternatives to any proposed health

care, and the ability to communicate a health care decision.

4. "Health care decision" means consent to, refusal to consent to, withdrawal of consent

to, or request for any care, treatment, service, or procedure to maintain, diagnose, or

treat an individual's physical or mental condition, including:

a. Selection and discharge of health care providers and institutions;

b. Approval or disapproval of diagnostic tests, surgical procedures, programs of

medication, and orders not to resuscitate;

c. Directions to provide, withhold, or withdraw artificial nutrition and hydration and all

other forms of health care; and

d. Establishment of an individual's abode within or without the state and personal

security safeguards for an individual, to the extent decisions on these matters

relate to the health care needs of the individual.

5. "Health care directive" means a written instrument that complies with this chapter and

includes one or more health care instructions, a power of attorney for health care, or

both.

6. "Health care instruction" means an individual's direction concerning a health care

decision for the individual, including a written statement of the individual's values,

preferences, guidelines, or directions regarding health care directed to health care

providers, others assisting with health care, family members, an agent, or others.

7. "Health care provider" means an individual or facility licensed, certified, or otherwise

authorized or permitted by law to administer health care, for profit or otherwise, in the

ordinary course of business or professional practice.

8. "Long-term care facility" or "long-term care services provider" means a long-term care

facility as defined in section 50-10.1-01.

9. "Principal" means an adult who has executed a health care directive.
N.D. Cent. Code § 23-30-06 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-06
23-30-06. Powers of board of directors
Status: in_force

23-30-06. Powers of board of directors

The board of directors has the following general powers:

1. To make an annual estimate of the probable expense for operating the district.

2. To annually certify such estimate to the proper county auditor or auditors in the manner

provided by section 23-30-07.

3. To manage and conduct the business affairs of the district.

4. To make and execute contracts in the name of and on behalf of the district.

5. To incur indebtedness on behalf of the district for the purpose of constructing a

building or for any other purpose incidental to the operation of a district within the limits

prescribed by section 23-30-08 and to authorize the issuance of evidences of such

indebtedness permitted under section 23-30-08, and to pledge any real property

owned or acquired by the district as security for the same.

6. To organize, establish, build, equip, maintain, and supervise a hospital to serve the

district.

7. Generally, to perform all acts necessary to fully carry out the purposes of this chapter.
N.D. Cent. Code § 23-12-22 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-22
23-12-22. Vaccine adverse event data - Website
Status: in_force

23-12-22. Vaccine adverse event data - Website

The department of health and human services shall prominently display, on a website

maintained by the department, a link to the federal vaccine adverse event reporting system,

along with instructions on how to report an adverse event and how to access state-specific data.

The department may compile its own data for use on this website.
N.D. Cent. Code § 23-30-01 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-01
23-30-01. Definitions
Status: in_force

23-30-01. Definitions

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

1. "Hospital" means an institution with an organized medical staff, permanent facilities

including inpatient beds, medical services including physician services and continuous

nursing services, to provide diagnosis and treatment for medical conditions, both

surgical and nonsurgical, and services including rehabilitation services.

2. "Hospital district" means a district organized pursuant to section 23-30-02 for the

purpose of supporting one or more of the following types of institutions: a hospital, an

intermediate health care facility, a nursing home, or a clinic.

3. "Intermediate health care facility" means a health-related institution planned,

organized, operated, and maintained to supply supportive, restorative, and preventive

health care with related social care, to individuals who, because of their physical or

mental condition, or both, require less than twenty-four-hour nursing care in an

institutional environment, but who do not have an injury, illness, or disability for which

regular medical care and twenty-four-hour nursing services are required.

4. "Nursing home" means an institution in which nursing care is rendered for

compensation to two or more persons not related to the operator by blood or marriage,

serving persons suffering from a prolonged physical or mental illness or defect, or

persons recovering from some injury or disease. Care provided must include:

administration of medicines, preparation of special diets, giving of bedside care,

application of dressings and bandages, and carrying out treatments prescribed by duly

licensed practitioners of the healing arts.
N.D. Cent. Code § 23-48-01 — ND Code / Title 23 / Chapter 23-48 / Section 23-48-01
23-48-01. Definitions
Status: in_force

23-48-01. Definitions

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

1. a. "Eligible patient" means an individual who:

(1) Has a terminal illness that is attested to by the patient's treating physician;

(2) Considered all other treatment options currently approved by the United

States food and drug administration;

(3) If there is a clinical trial for the terminal illness within one hundred miles of

the patient's home address for the terminal illness, is unable to participate in

the clinical trial or within one week of completion of the clinical trial

application process is not accepted to the clinical trial;

(4) Has a recommendation from the patient's treating physician for an

investigational drug, biological product, or device;

(5) Has given written, informed consent for the use of the investigational drug,

biological product, or device or, if the patient is a minor or lacks the mental

capacity to provide informed consent, a parent or legal guardian has given

written, informed consent on the patient's behalf; and

(6) Has documentation by the patient's treating physician the patient meets the

requirements of this subdivision.

b. The term does not include an individual treated as an inpatient in a hospital

licensed under chapter 23-16.

2. "Investigational drug, biological product, or device" means a drug, biological product,

or device that has successfully completed phase one of a clinical trial but has not yet

been approved for general use by the United States food and drug administration and

remains under investigation in a United States food and drug administration-approved

clinical trial.

3. "Terminal illness" means a disease that, without life-sustaining procedures, will soon

result in death or a state of permanent unconsciousness from which recovery is

unlikely.

4. "Written, informed consent" means a written document signed by the patient or the

patient's parent or legal guardian and attested to by the patient's treating physician

and by a witness which:

a. Explains the currently approved products and treatments for the terminal illness

from which the patient suffers;

b. Attests to the fact the patient concurs with the patient's treating physician in

believing that all currently approved and conventionally recognized treatments

are unlikely to prolong the patient's life;

c. Identifies the specific proposed investigational drug, biological product, or device

the patient is seeking to use;

d. Describes the potentially best and worst outcomes of using the investigational

drug, biological product, or device with a realistic description of the most likely

outcome, including the possibility that new, unanticipated, different, or worse

symptoms might result, and that death could be hastened by the proposed

treatment, based on the treating physician's knowledge of the proposed treatment

in conjunction with an awareness of the patient's condition;

e. States the patient's health insurer and provider are not obligated to pay for any

care or treatments consequent to the use of the investigational drug, biological

product, or device;

f. States the patient's eligibility for hospice care may be withdrawn if the patient

begins curative treatment and that hospice care may be reinstated if the curative

treatment ends and the patient meets hospice eligibility requirements;

g. States in-home health care may be denied if treatment begins; and

h. Attests that the patient understands the patient is liable for all expenses

consequent to the use of the investigational drug, biological product, or device,

and that this liability may extend to the patient's estate, unless a contract between

the patient and the manufacturer of the drug, biological product, or device states

otherwise.
N.D. Cent. Code § 23-01-01 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-01
23-01-01. Health division - Officers
Status: repealed

23-01-01. Health division - Officers

Repealed by S.L. 2023, ch. 229, § 136.
N.D. Cent. Code § 23-21-12 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-12
23-21-12. Voluntary removal
Status: in_force

23-21-12. Voluntary removal

At any time prior to the removal by a cemetery authority of the remains of any person, any

relative or friend of the decedent may voluntarily remove and dispose of the remains. The

person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an

affidavit stating the name of the decedent whose remains it is desired to remove and, so far as

is known to affiant, the date of burial and the names and places of residence of the heirs at law

of the decedent. If the person desiring to cause the removal is not an heir at law of the person

whose remains the person desires to remove, the removal may not be made by that person until

that person has delivered to the cemetery authority the written consent of a majority of the

known heirs at law of the decedent who are residents of this state. The statements in the

affidavit are sufficient evidence of the number, names, and residences of the heirs at law for all

of the purposes of this chapter, and the written consent of the majority of the heirs at law named

in the affidavit is sufficient authority for the cemetery authority to permit the removal of the

remains.
N.D. Cent. Code § 23-07.5-01 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-01
23-07.5-01. Definitions
Status: in_force

23-07.5-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Bloodborne pathogen" means a micro-organism that is present in human blood or in

other bodily fluid or tissue which can cause a disease in humans, including the

hepatitis B virus, the hepatitis C virus, and the human immunodeficiency virus, and for

which testing is recommended by the United States public health service.

2. "Exposed individual" means an individual, including a patient, health care provider,

firefighter, peace officer, correctional officer, court officer, law enforcement officer,

emergency medical technician, laboratory personnel, or an individual trained and

authorized by law or rule to render emergency medical assistance or treatment,

including an individual rendering aid under chapter 32-03.1, who is exposed to a

bloodborne pathogen.

3. "Exposure" means a percutaneous injury, including a needle stick or cut with a sharp

object; contact with blood, bodily fluid, or tissue of a mucous membrane or nonintact

skin, including exposed skin that is chapped, abraded, or afflicted with dermatitis; or

contact with other bodily fluids that are potentially infectious as determined under

guidelines of the United States public health service.

4. "Health care" means any services included in the furnishing to an individual of

hospitalization, or medical or dental care, or any services incident to the furnishing of

that care or hospitalization, as well as the furnishing to an individual of any other

services for the purpose of preventing, alleviating, curing, or healing human illness or

injury.

5. "Health care provider" means an individual licensed, certified, or otherwise authorized

by the law of this state to provide health care and includes personnel at the state crime

laboratory or any commercial or research laboratory that handles blood, bodily fluid, or

tissues.

6. "Informed consent for testing" means that the individual to be tested for bloodborne

pathogens has been informed of the nature of the testing; the reason for the testing;

the relevant risks, benefits, and potential alternatives for testing; and the individual has

granted permission to be tested.

7. "Personal representative" means any person who has authority under law to act on

behalf of an individual or deceased individual in making decisions related to health

care or health information.

8. "Test subject" means the individual who is the source of the blood, other bodily fluids,

or tissue that caused the exposure.
N.D. Cent. Code § 23-35.1-01 — ND Code / Title 23 / Chapter 23-35.1 / Section 23-35.1-01
23-35.1-01. Definitions
Status: in_force

23-35.1-01. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. The definitions of section 23-35-01 apply; and

2. "Regional public health network" means a group of public health units that have

entered a joint powers agreement and have been verified by the state health officer as

meeting the requirements of this chapter.
N.D. Cent. Code § 23-13-02.4 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.4
23-13-02.4. Self-service units to be equipped with emergency power cutoff
Status: in_force

23-13-02.4. Self-service units to be equipped with emergency power cutoff

All self-service motor fuel dispensing units must be so constructed that their electrical

pumping systems have an accessible switch or circuit breaker provided at a location remote

from the dispensing device, including remote pumping systems, and accessible to the

supervising attendant, unless an attendant is not required to be on the premises by subsection 2

of section 23-13-02.3, to shut off electrical power to the dispensing devices in the event of an

emergency.
N.D. Cent. Code § 23-13-02 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02
23-13-02. Sale of motor fuels - Regulations for handling and dispensing
Status: in_force

23-13-02. Sale of motor fuels - Regulations for handling and dispensing

No person other than the owner or operator of a filling station or a regular bona fide

employee or authorized attendant of such owner or operator may fill, wholly or partly, with

gasoline or other inflammable liquid at a filling station, any fuel tank of a motor vehicle or any

barrel, drum, or other vessel or container, nor may any such person use, handle, or manipulate

any hose, pump, pipe, or other contrivance for conveying, measuring, or handling of such liquid.

Provided, however, this section does not apply to the operation of self-service motor fuel

dispensing devices, provided such operation is in accordance with sections 23-13-02.1 through

23-13-02.7.
N.D. Cent. Code § 23-44-03 — ND Code / Title 23 / Chapter 23-44 / Section 23-44-03
23-44-03. Exemption
Status: in_force

23-44-03. Exemption

Medication administration by an individual within a primary or secondary school under a

program established under section 15.1-19-23 is exempt from the requirements of this chapter,

if the individual has received education and training in medication administration and has

received written consent of the student's parents or guardian.
N.D. Cent. Code § 23-11-05 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-05
23-11-05. Commissioners of authority - Appointment, qualifications, tenure, compensation
Status: in_force

23-11-05. Commissioners of authority - Appointment, qualifications, tenure,

compensation.

When the governing body of a city adopts a resolution declaring there is need for a housing

authority, the governing body promptly shall notify the mayor of the adoption. Upon receiving the

notice, the mayor shall appoint no fewer than five commissioners of the authority. When the

governing body of a county adopts a resolution declaring there is need for a housing authority,

the governing body shall appoint no fewer than five commissioners of the authority. The

commissioners must be appointed for terms of five years, except all vacancies must be filled for

the unexpired term. The terms of the commissioners must be staggered to ensure an

approximately equal number of appointments expire each year and the term of one or more

commissioners may initially be less than five years to accommodate the required staggering of

terms. A commissioner shall hold office until a successor has been appointed and has qualified.

A certificate of the appointment or reappointment of any commissioner must be filed with the

auditor of the city or county, as the case may be, and the certificate is conclusive evidence of

the appointment of the commissioner. The governing body of the city or county shall establish

the rate of compensation for commissioners and actual expenses incurred by commissioners

may be reimbursed at the official reimbursement rates of the appointing authority.
N.D. Cent. Code § 23-49-03 — ND Code / Title 23 / Chapter 23-49 / Section 23-49-03
23-49-03. Posthospital care training
Status: in_force

23-49-03. Posthospital care training

1. As appropriate, a hospital shall educate or train a patient, the patient's informal

caregiver, or the patient's representative to prepare the patient for posthospital care.

2. The education or training provided by hospital staff to a patient, the patient's informal

caregiver, or the patient's representative must be tailored to the patient's identified

needs, including medications, treatment modalities, physical and occupational

therapies, psychosocial needs, appointments, or other posthospital care.

3. Education and training provided by a hospital may include repeated review of the

training and materials with a patient, the patient's informal caregiver, or the patient's

representative.
N.D. Cent. Code § 23-02.1-07 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-07
23-02.1-07. Duties of local registrars
Status: repealed

23-02.1-07. Duties of local registrars

Repealed by S.L. 2007, ch. 234, § 29.
N.D. Cent. Code § 23-06.5-08 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-08
23-06.5-08. Inspection and disclosure of medical information
Status: in_force

23-06.5-08. Inspection and disclosure of medical information

Subject to any limitations set forth in the health care directive by the principal, an agent

whose authority is in effect may for the purpose of making health care decisions:

1. Request, review, and receive any information, oral or written, regarding the principal's

physical or mental health, including medical and hospital records;

2. Execute any releases or other documents which may be required in order to obtain

such medical information; and

3. Consent to the disclosure of such medical information.
N.D. Cent. Code § 23-09.3-01.1 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-01.1
23-09.3-01.1. Moratorium on expansion of basic care bed capacity
Status: in_force

23-09.3-01.1. Moratorium on expansion of basic care bed capacity

1. Basic care beds may not be added to the state's licensed bed capacity during the

period between August 1, 2025, and July 31, 2029, except if:

a. A nursing facility converts nursing facility beds to basic care;

b. An entity licenses bed capacity transferred as basic care bed capacity under

section 23-16-01.1;

c. An entity demonstrates to the department that basic care services are not readily

available within a designated area of the state or that existing basic care beds

within a fifty-mile [80.47-kilometer] radius have been occupied at ninety percent

or more for the previous twelve months. In determining whether basic care

services will be readily available if an additional license is issued, preference may

be given to an entity that agrees to any participation program established by the

department for individuals eligible for services under the medical assistance

program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; or

d. The department grant approval of new basic care beds to an entity. The approved

entity shall license the beds within forty-eight months from the date of approval.

2. Transfers of basic care beds from one basic care facility to another entity is permitted.

Transferred basic care beds must become licensed within seventy-two months of

transfer. The entity receiving the transferred beds or any new facility may seek to

participate in the basic care assistance program. If the entity can demonstrate that

individuals can be cared for at a more independent level and that this service will delay

entry into the nursing facility, the entity may be approved for basic care assistance

funds.

3. If an Indian tribe acquires basic care 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 basic care assistance program. Basic care assistance

payments may only be made to a tribal facility that agrees to participate and adhere to

all federal and state requirements of the basic care assistance program including

participation, screening, ratesetting, and licensing requirements.
N.D. Cent. Code § 23-09.5-01 — ND Code / Title 23 / Chapter 23-09.5 / Section 23-09.5-01
23-09.5-01. Definitions
Status: in_force

23-09.5-01. Definitions

As used in this chapter:

1. "Cottage food operator" means an individual who produces or packages cottage food

products in a kitchen designed and intended for use by the residents of a private

home.

2. "Cottage food product" means baked goods, jams, jellies, and other food and drink

products produced by a cottage food operator.

3. "Delivery" means the transfer of a cottage food product resulting from a transaction

between a cottage food operator and an informed end consumer.

4. "Farmers market" means a market or group of booths where farmers and other cottage

food operators sell cottage food products directly to consumers.

5. "Home consumption" means food consumed within a private home or food from a

private home consumed only by family members, employees, or nonpaying guests.

6. "Informed end consumer" means an individual who is the last individual to purchase a

cottage food product and has been informed the cottage food product is not licensed,

regulated, or inspected.

7. "Transaction" means the exchange of buying and selling.
N.D. Cent. Code § 23-02.1-08 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-08
23-02.1-08. Duties of subregistrars
Status: in_force

23-02.1-08. Duties of subregistrars

A subregistrar may issue final disposition-transit permits for those counties served by the

funeral home the subregistrar is employed by. The subregistrar or cemetery sexton shall file all

completed final disposition-transit permits with the county recorder in the county where the final

disposition took place within ten days after the date of final disposition or within the time

prescribed by the local board of health. The subregistrar is subject to the supervision and

control of the state registrar and may be removed by the state registrar for reasonable cause.

The subregistrar is subject to the penalties for neglect of duties as provided in section

23-02.1-32.
N.D. Cent. Code § 23-49-01 — ND Code / Title 23 / Chapter 23-49 / Section 23-49-01
23-49-01. Definitions
Status: in_force

23-49-01. Definitions

As used in this chapter:

1. "Discharge" means the exit or release of a patient from inpatient care in a hospital to

the residence of the patient.

2. "Informal caregiver" means an individual at least eighteen years of age who a patient,

or the patient's legal representative, designates at admission as a lay caregiver, and

who following the discharge of the patient is willing and able to perform posthospital

care for the patient at the patient's residence.

3. "Posthospital care" means care directly related to a patient's condition at the time of

discharge and which is provided by an informal caregiver to the patient in the patient's

residence.

4. "Residence" means the dwelling a patient considers to be the patient's home. The

term does not include a hospital or rehabilitation facility.
N.D. Cent. Code § 23-02.1-22 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-22
23-02.1-22. Extension of time
Status: in_force

23-02.1-22. Extension of time

1. The department of health and human services may, by regulation and upon such

conditions as it may prescribe to assure compliance with the purposes of this chapter,

provide for the extension of the periods of time prescribed in sections 23-02.1-19,

23-02.1-20, and 23-02.1-21 for the filing of death records, fetal death records, medical

certification of death, and for the obtaining of final disposition-transit permits in cases

in which compliance with the applicable prescribed period would result in undue

hardship.

2. Regulations of the department of health and human services may provide for the

issuance of a final disposition-transit permit under section 23-02.1-21 before the filing

of a record of death or fetal death upon conditions designed to assure compliance with

the purposes of this chapter in cases in which compliance with the requirement that

the records be filed before the issuance of the permit would result in undue hardship.
N.D. Cent. Code § 23-07-21 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-21
23-07-21. Penalties
Status: in_force

23-07-21. Penalties

Except as otherwise provided in this section, a person is guilty of an infraction:

1. Who violates or fails to obey any provision of this chapter, any lawful rule made by the

department of health and human services, or any order issued by any state, district,

county, or municipal health officer;

2. Who violates any quarantine law or regulation, or who leaves a quarantined area

without being discharged; or

3. Who, knowing that the person is infected with a sexually transmitted disease, willfully

exposes another person to infection.

Any person required to make a report under section 23-07-02.1 who releases or makes public

confidential information or otherwise breaches the confidentiality requirements of section

23-07-02.2 is guilty of a class C felony.
N.D. Cent. Code § 23-35-12 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-12
23-35-12. Local health officers
Status: in_force

23-35-12. Local health officers

1. A local health officer shall serve a term of five years, subject to removal for cause by

the governing body or the district board of health. The health officer must be a

physician licensed to practice medicine in this state and need not be a resident of the

public health unit. The appointee shall qualify by filing the constitutional oath of office

in the manner provided for the members of the board of health. If the state health

officer finds a local health officer is failing to perform the duties of the position, the

state health officer may report the case to the governing body of the appropriate city,

county, or district board of health. At the next meeting of the city's or county's

governing body or district board of health, the governing body or district board of

health shall declare the office vacant and may appoint another physician to fill the

unexpired term, or shall report the matter to the board of health, and the board shall

declare the office vacant and promptly shall appoint another physician to fill the

unexpired term.

2. Within the jurisdiction of the board of health, a local health officer:

a. Shall keep a record of the official acts of the local health officer.

b. Shall enforce every law and rule relating to preservation of life and health of

individuals.

c. May exercise the powers and duties of the board of health under the supervision

of the board of health.

d. May make sanitary inspections of any place within the jurisdiction in which the

local health officer finds a probability a health-threatening condition exists.

e. May investigate public water and ice supplies suspected of contamination and

initiate necessary condemnation proceedings.

f. May enforce school cleanliness; inspect any school that may be overcrowded,

poorly ventilated, or unsanitary; and, when necessary, report cases of any

unsanitary or unsafe school building to the board of health for investigation.

g. May take any action necessary for the protection of public health and safety.

h. May determine when confinement and decontamination is necessary for the

safety of the public. The local health officer may establish confinements

consistent with procedures provided under chapter 23-07.6 and perform any acts

required for decontamination when necessary.

i. Shall maintain an office within the jurisdiction of the public health unit consistent

with any terms of appointment.

j. May select and discharge any assistant health officer in the public health unit,

consistent with any terms of appointment.

3. A local health officer may request the assistance of a county sheriff or city health

department in the same manner as provided under subsection 3 of section 23-35-09.
N.D. Cent. Code § 23-07.6-04 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-04
23-07.6-04. Place of confinement
Status: in_force

23-07.6-04. Place of confinement

A respondent must be confined in a place designated in the written directive until the health

officer who issued the written directive determines that the respondent no longer poses a

substantial threat to the public health or until a court of competent jurisdiction orders the release

of the respondent. The department of health and human services or the local board may

establish and maintain places of confinement.
N.D. Cent. Code § 23-16.1-02.1 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-02.1
23-16.1-02.1. Imminent threat to health or safety - Conditions for appointment of receiver - Appointment of receiver
Status: in_force

23-16.1-02.1. Imminent threat to health or safety - Conditions for appointment of

receiver - Appointment of receiver.

If the department determines a situation exists which constitutes an imminent threat to

health or safety of the residents of a nursing facility, the department may take immediate control

of the nursing facility and appoint an interim administrator. Within ten days of taking control of a

nursing facility, the department shall petition the district court of the district in which the nursing

facility is located to establish a receivership. The court shall grant the petition if it finds the

department is substantially justified in concluding there was an imminent threat to life or health

of the residents. In making its decision the court shall consider the matters set forth in section

23-16.1-02, any matters that the department considered in reaching its decision, and any other

matters bearing on the ability of the nursing facility to provide for the health or safety of its

residents. If the court grants the petition, the court shall also reconfirm the appointment of the

interim administrator or direct the state health officer to choose another pursuant to section
N.D. Cent. Code § 23-06.6-18 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-18
23-06.6-18. Law governing validity - Choice of law as to execution of document of gift - Presumption of validity
Status: in_force

23-06.6-18. Law governing validity - Choice of law as to execution of document of gift

- Presumption of validity.

1. A document of gift is valid if executed in accordance with:

a. This chapter;

b. The laws of the state or country where the document of gift was executed; or

c. The laws of the state or country where the person making the anatomical gift was

domiciled, has a place of residence, or was a national at the time the document of

gift was executed.

2. If a document of gift is valid under this section, the law of this state governs the

interpretation of the document of gift.

3. A person may presume that a document of gift or amendment of an anatomical gift is

valid unless that person knows that it was not validly executed or was revoked.
N.D. Cent. Code § 23-06-25 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-25
23-06-25. When body may be removed from cemetery - Penalty for failure to remove
Status: in_force

23-06-25. When body may be removed from cemetery - Penalty for failure to remove

Whenever a cemetery or other place of burial is lawfully authorized to be removed from one

place to another, the right and duty to disinter, remove, and rebury the remains of bodies there

lying buried devolves upon the persons whose duty it is to bury the bodies, in the order in which

they are named in section 23-06-03. If all such persons fail to act, the duty devolves upon the

lawful custodians of the place of burial so removed. Every omission of such duty is punishable

in the same manner as other omissions to perform the duty of making burial are punishable.
N.D. Cent. Code § 23-15-03 — ND Code / Title 23 / Chapter 23-15 / Section 23-15-03
23-15-03. Public display of fireworks permitted by municipality or fair association within its limits - Supervised display allowed - Permit required - Duty of fire marshal to establish regulations
Status: in_force

23-15-03. Public display of fireworks permitted by municipality or fair association

within its limits - Supervised display allowed - Permit required - Duty of fire marshal to

establish regulations.

This chapter does not prohibit supervised public displays of fireworks by cities, fair

associations, amusement parks, and other organizations. Except when such display is given by

a municipality or fair association within its own limits, no display may be given unless a permit

therefor has first been secured. Every application for such a permit must be made in writing to

the city auditor at least fifteen days in advance of the date of the display. The application

promptly must be referred to the governing body of the city which shall make an investigation to

determine whether the operator of the display is competent and whether the display is of such

character and is to be so located, discharged, or fired that it will not be hazardous to property or

endanger any person. Such governing body shall report the results of this investigation to the

city auditor and if it reports that in its opinion the operator is competent and that the display as

planned will conform to safety requirements, including the rules and regulations of the state fire

marshal hereinafter provided for, such auditor shall issue a permit for the display when the

applicant pays a permit fee of two dollars. When the supervised public display for which a permit

is sought is to be held outside the limits of an incorporated municipality, the application must be

made to the county auditor and the duties imposed by this chapter upon the city auditor must be

performed in such case by the county auditor. The duties imposed on the governing body of the

city by this chapter must be performed in such case by the board of county commissioners. After

such permit has been granted, sales, possession, use, and distribution of fireworks for such

display are lawful for that purpose only. No permit granted hereunder is transferable. The state

fire marshal shall adopt reasonable rules and regulations not inconsistent with the provisions of

this chapter to ensure that fireworks displays are given safely.
N.D. Cent. Code § 23-07-17 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-17
23-07-17. Vaccination or inoculation not required for admission to any school or for the exercise of a right
Status: repealed

23-07-17. Vaccination or inoculation not required for admission to any school or for

the exercise of a right.

Repealed by S.L. 1975, ch. 224, § 2.
N.D. Cent. Code § 23-30-11 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-11
23-30-11. Territory to be annexed
Status: in_force

23-30-11. Territory to be annexed

1. Any territory which is adjacent to the boundary of an existing hospital district may be

annexed to such district in the manner hereinafter provided.

2. The proceedings for the annexation, referred to in subsection 1, may be initiated by

the presentation to the county auditor of a petition signed by thirty percent or more of

the qualified electors who are owners of any interest in real property assessed for

taxation in the territory to be annexed and who are residing within the boundaries of

such territory stating the desires and purposes of such petitioners. The petition must

contain a description of the boundaries of the territory proposed to be annexed. It must

be accompanied by a map or plat and a deposit for publication costs.

3. The county auditor shall consult the tax schedules in the county auditor's office and

determine and certify whether or not such petition complies with the requirements of

subsection 2 and that the qualified electors signing the same appear to reside within

the boundaries described by such petition. Thereafter, the county auditor shall forward

such petition, map or plat, and certificate to the board of directors of the district

concerned.

4. Within thirty days after receiving the petition, map or plat, and certificate of the county

auditor, in accordance with subsection 3, from the county auditor, such board of

directors shall transmit the same to the proper county board, accompanied by a report

in writing approving or disapproving the proposal contained in the petition, or

approving such proposal in part and disapproving it in part.

5. If the report of the board of directors, referred to in subsection 4, disapproves the

proposal, the petition must be rejected. If the report is favorable to such proposal,

either in whole or in part, the board of county commissioners shall give notice of

election in the manner prescribed by section 23-30-03 and submit the question to the

qualified electors at the next regularly scheduled primary or general election as to

whether or not the qualified electors of the proposed area desire to be annexed and

whether they approve of the mill levy authorized by section 23-30-07 for the purpose of

supporting such hospital district. If at least sixty percent of the qualified electors voting

in the election within the territory proposed to be annexed approve, the territory

becomes a part of the existing hospital district.
N.D. Cent. Code § 23-15.1-02 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-02
23-15.1-02. Definitions
Status: in_force

23-15.1-02. Definitions

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

1. "Model rocket engine" means a commercially manufactured, nonreusable rocket

propulsion device constructed of a nonmetallic casing and solid propellant wherein all

of the ingredients are self-contained so as not to require mixing or handling by the

user. The propellant charge may not exceed two and two-tenths ounces [62.37 grams]

per engine. Such engine may not be considered fireworks as defined by section

23-15-01.

2. "Model rockets" means nonprofessional rockets which are propelled by approved

commercially manufactured solid propellant engines and not considered fireworks as

defined by section 23-15-01.

3. "One newton" equals three and six-tenths ounces [102.06 grams] or .225 pound

[102.06 grams].

4. "User" includes an individual, partnership, firm, company, association, corporation, or

limited liability company.
N.D. Cent. Code § 23-06.6-07 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-07
23-06.6-07. Preclusive effect of anatomical gift, amendment, or revocation
Status: in_force

23-06.6-07. Preclusive effect of anatomical gift, amendment, or revocation

1. Except as otherwise provided in subsection 7 and subject to subsection 6, in the

absence of an express, contrary indication by the donor, a person other than the donor

is barred from making, amending, or revoking an anatomical gift of a donor's body or

part if the donor made an anatomical gift of the donor's body or part under section

23-06.6-04 or an amendment to an anatomical gift of the donor's body or part under

section 23-06.6-05.

2. A donor's revocation of an anatomical gift of the donor's body or part under section

23-06.6-05 is not a refusal and does not bar another person specified in section

23-06.6-03 or 23-06.6-08 from making an anatomical gift of the donor's body or part

under section 23-06.6-04 or 23-06.6-09.

3. If a person other than the donor makes an unrevoked anatomical gift of the donor's

body or part under section 23-06.6-04 or an amendment to an anatomical gift of the

donor's body or part under section 23-06.6-05, another person may not make, amend,

or revoke the gift of the donor's body or part under section 23-06.6-09.

4. A revocation of an anatomical gift of a donor's body or part under section 23-06.6-05

by a person other than the donor does not bar another person from making an

anatomical gift of the body or part under section 23-06.6-04 or 23-06.6-09.

5. In the absence of an express, contrary indication by the donor or other person

authorized to make an anatomical gift under section 23-06.6-03, an anatomical gift of a

part is neither a refusal to give another part nor a limitation on the making of an

anatomical gift of another part at a later time by the donor or another person.

6. In the absence of an express, contrary indication by the donor or other person

authorized to make an anatomical gift under section 23-06.6-03, an anatomical gift of a

part for one or more of the purposes set forth in section 23-06.6-03 is not a limitation

on the making of an anatomical gift of the part for any of the other purposes by the

donor or any other person under section 23-06.6-04 or 23-06.6-09.

7. If a donor who is an unemancipated minor dies, a parent of the donor who is

reasonably available may revoke or amend an anatomical gift of the donor's body or

part.

8. If an unemancipated minor who signed a refusal dies, a parent of the minor who is

reasonably available may revoke the minor's refusal.
N.D. Cent. Code § 23-06-24 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-24
23-06-24. Unlawful removal of dead body - Penalty
Status: in_force

23-06-24. Unlawful removal of dead body - Penalty

Every person who removes any part of the dead body of a human being from any grave or

other place where the same has been buried, or from any place where the same is deposited

while awaiting burial, except as provided by law, is guilty of a class C felony.
N.D. Cent. Code § 23-07.5-07 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-07
23-07.5-07. Civil liability
Status: in_force

23-07.5-07. Civil liability

An individual who knowingly violates section 23-07.5-06 is liable to the subject of the test for

actual damages and costs plus exemplary damages. A conviction for violation of this chapter is

not a condition precedent to bringing an action under this section.
N.D. Cent. Code § 23-30-05 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-05
23-30-05. Regular meeting to be held
Status: in_force

23-30-05. Regular meeting to be held

A regular meeting of the electors who are owners of any interest in real property assessed

for taxation in the district and who are residing within the boundaries of a district must be held

each calendar year at a time determined by the board of directors and special meetings may be

called by the board of directors at any time. Notice of a meeting must be given by the

secretary-treasurer by one publication in a legal newspaper of general circulation in each county

in which the district is situated. The meeting must be held not less than seven days nor more

than fourteen days after the date of publication of the notice.
N.D. Cent. Code § 23-27.2-06 — ND Code / Title 23 / Chapter 23-27.2 / Section 23-27.2-06
23-27.2-06. Distressed ambulance service - Procedure - Plan
Status: in_force

23-27.2-06. Distressed ambulance service - Procedure - Plan

1. The department shall assign a coordinator to the distressed ambulance service within

seven days of the date of the notice of declaration. The coordinator may be an

employee of the department or a contractor. The coordinator shall develop, implement,

and monitor an emergency medical services plan.

2. The emergency medical services plan must:

a. Include a detailed planning and implementation timeline to deliver sustainable

and reliable emergency medical response and transport services to a patient

within the assigned service area;

b. Evaluate the impact on the assigned and adjacent service areas; and

c. Consider input from stakeholders, including:

(1) The distressed ambulance service;

(2) The political subdivision that has jurisdiction over the distressed ambulance

service;

(3) The county and city governments within the service area;

(4) Licensed medical facilities;

(5) Adjacent ambulance services;

(6) Other emergency medical services within the service area; and

(7) Other interested parties.

3. The coordinator shall present a proposed plan at a public meeting held in the

distressed ambulance service's assigned service area within thirty days of the date of

assignment. The coordinator shall allow stakeholders and the public the opportunity to

provide input relating to the plan.

4. The coordinator shall present a final plan at a second public meeting held in the

distressed ambulance service's assigned service area within thirty days of the date of

the first public meeting.

a. The distressed ambulance service shall approve or reject the department's final

plan at the second public meeting.

(1) If the distressed ambulance service approves the plan, the distressed

ambulance service shall comply with all aspects of the plan.

(2) If the distressed ambulance service rejects the plan, the service leader of

record shall present an amended plan to the department within fourteen

days after the date of the second public meeting.

b. The department shall approve or reject the amended plan within seven days of

receipt.

5. If the department and distressed ambulance service are unable to agree on a plan, or

if the distressed ambulance service fails to comply with any aspect of an approved

plan, the department may take action as necessary to protect the health, safety, and

welfare of the public, in accordance with section 23-27.2-02.

6. The department shall provide notice of a public meeting conducted under this section.

The notice must be:

a. Published in a newspaper of general circulation within the service area between

fourteen and seven days before the meeting; and

b. Delivered by first-class mail to the county auditor of each county in the service

area at least seven days before the meeting.

7. The department may request the distressed ambulance service reimburse the

department for direct costs incurred in the administration of this section and for any

reasonable measures taken to ensure reliable ambulance response within the

distressed ambulance service's assigned service area. The distressed ambulance

service shall reimburse the department within thirty days after receipt of the request.
N.D. Cent. Code § 23-09.1-03 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-03
23-09.1-03. License fee
Status: repealed

23-09.1-03. License fee

Repealed by S.L. 2005, ch. 32, § 19.
N.D. Cent. Code § 23-15.1-06 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-06
23-15.1-06. Accident reporting
Status: in_force

23-15.1-06. Accident reporting

In the event of an accident involving damage to either persons or property by a model

rocket or by a model rocket engine, it is the responsibility of the investigating authority to

immediately notify the state fire marshal or local fire control authorities that such accident has

occurred. If local fire control authorities are notified, they shall notify the fire marshal as soon as

practicable.
N.D. Cent. Code § 23-44-02 — ND Code / Title 23 / Chapter 23-44 / Section 23-44-02
23-44-02. Nurse aide registry - Rules
Status: in_force

23-44-02. Nurse aide registry - Rules

1. The department shall establish and administer a nurse aide registry. The registry must

include disciplinary findings, including findings of abuse, neglect, or misappropriation

of property, and must include the eligibility of the individual to be employed.

2. The department shall adopt rules to regulate and register an individual who receives

compensation for engaging in the provision of nursing or nursing-related services to an

individual in a health care facility or other setting. The rules do not apply to a licensed

health care professional practicing within the scope of that profession, an unlicensed

assistive person under chapter 43-12.1, or a volunteer in the course of providing

services without pay. In developing the rules, the department shall consult with the

state board of nursing and other key stakeholders.

3. The rules required under subsection 2 must include the regulation of certified nurse

aides, home health aides, medication assistants, and nurse aides. For each category

of regulated individuals, the rules must address:

a. Nurse aide registry requirements;

b. Training and competency requirements;

c. Approval of training programs;

d. Initial registration and renewal of registration of individuals who have met training

and competency requirements;

e. Reporting and investigation of complaints regarding individuals on the registry;

and

f. A disciplinary process for a validated finding of abuse, neglect, or

misappropriation of resident or client property and for other misconduct that has

the potential to be harmful to a resident or client by an individual on the nurse

aide registry.

4. The department shall collect registration fees of twenty-five dollars per individual under

this chapter from the individual or the individual's employer.

5. Registration fees collected by the department must be deposited in the department's

operating account.
N.D. Cent. Code § 23-07-07.2 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07.2
23-07-07.2. Definitions
Status: repealed

23-07-07.2. Definitions

Repealed by S.L. 1991, ch. 263, § 1.
N.D. Cent. Code § 23-12-18 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-18
23-12-18. Medical facility and provider performance reviews and ratings - Notice
Status: in_force

23-12-18. Medical facility and provider performance reviews and ratings - Notice

1. If a medical facility or provider in this state has a performance review that results in the

receipt of a rating, and at any time pays a fee to the person completing the rating, the

medical facility or provider shall include a public notice in any promotional or marketing

activities referring to the rating information stating that the medical facility or provider

made a payment and stating the amount of that payment made to the person

performing the rating.

2. Subsection 1 does not apply to a performance review required to maintain licensure or

accreditation by governmental or third-party payers or to maintain accreditation by a

quality assurance organization.
N.D. Cent. Code § 23-01-22 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-22
23-01-22. Department to employ waste management facility inspectors
Status: in_force

23-01-22. Department to employ waste management facility inspectors

The department of health and human services shall employ and establish the qualifications,

duties, and compensation of at least one full-time inspector for each commercial, nonpublicly

owned waste management disposal or incineration facility that accepts more than twenty-five

thousand tons [22679.6 kilograms] per year of hazardous waste, industrial waste, nuclear

waste, or ash resulting from the incineration of municipal solid waste. This section does not

apply to any energy conversion facility or coal mining operation that disposes of its solid waste

onsite. The department may require inspectors for those facilities that accept less than

twenty-five thousand tons [22679.6 kilograms] per year. The facility inspector shall conduct

regular inspections of the operating procedure and conditions of the facility and report the

findings to the department on a regular basis. If an inspector discovers a condition at a facility

that is likely to cause imminent harm to the health and safety of the public or environment, the

inspector shall notify the department. The department shall proceed as provided by sections

23-29-10 and 23-29-11.

The department shall assess the owner or operator of a waste management facility that

accepts hazardous waste, industrial waste, nuclear waste, or ash resulting from the incineration

of municipal solid waste an annual fee to pay the salaries, wages, and operating expenses

associated with employing an inspector for the facility. The owner or operator of the facility shall

submit the fee to the department by July first of each year. Any fees collected must be deposited

in the department's operating fund in the state treasury and any expenditures from the fund are

subject to appropriation by the legislative assembly. If a facility begins operation after July first of

any year, the owner or operator of the facility shall pay to the department a prorated fee for the

fiscal year before the facility may begin accepting waste. Moneys in the waste management

facility account may be spent by the department within the limits of legislative appropriation.
N.D. Cent. Code § 23-35-10 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-10
23-35-10. District boards of health - Acquiring and disposing of property
Status: in_force

23-35-10. District boards of health - Acquiring and disposing of property

1. A district board of health may acquire by lease, purchase, construction, or gift for

district health office use and control property for all purposes authorized by law or

necessary to the exercise of the powers granted in this chapter. The district board of

health may finance the purchase, construction, or equipping of a building on owned or

leased property for the use and purpose for which the health district is formed and

carry out the functions of the health district in either of the following ways:

a. The district board of health may issue and sell bonds in an aggregate amount not

exceeding two times the authorized tax revenues of the district for the year in

which the bonds are to be issued and sold; or

b. The district board of health may mortgage or otherwise encumber the building

constructed in an amount not exceeding two times the authorized tax revenue of

the district for the year in which the construction is to be commenced.

2. Bonds issued under this section and income under this section are exempt from any

taxes except inheritance, estate, and transfer taxes. The indebtedness for which the

bonds are issued, or for which a mortgage may be given as under this section, is

neither an obligation or an indebtedness of this state nor of the counties or cities

comprising the district board of health. Any indebtedness under this section may be

foreclosed in any manner provided by law. The district board of health may convey or

transfer property acquired as provided under this section. If, upon dissolution of a

health district, any balance remains in the health district fund after all obligations have

been paid, the balance must be transferred to the general fund of the counties

comprising the health district in proportion to the assessed valuation most recently

used in preparing the health district budget under this chapter. If any county in the

district withdraws from a health district, any assets and inventory of supplies and

equipment located in the county for use in health district programs and services

remain the property of the district for use elsewhere in the district.
N.D. Cent. Code § 23-12-07 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-07
23-12-07. Violation of health laws - General penalty
Status: in_force

23-12-07. Violation of health laws - General penalty

Any person who willfully violates any provision of this title, if another penalty is not

specifically provided for such violation, is guilty of an infraction.
N.D. Cent. Code § 23-27.1-13 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-13
23-27.1-13. Oversight, dispute resolution, and enforcement
Status: in_force

23-27.1-13. Oversight, dispute resolution, and enforcement

1. a. The executive, legislative, and judicial branches of state government in each

member state shall enforce this compact and take all actions necessary and

appropriate to effectuate the compact's purposes and intent. The provisions of

this compact and the rules promulgated hereunder have standing as statutory

law.

b. All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of

this compact which may affect the powers, responsibilities, or actions of the

commission.

c. The commission is entitled to receive service of process in any such proceeding,

and has standing to intervene in such a proceeding for all purposes. Failure to

provide service of process to the commission renders a judgment or order void as

to the commission, this compact, or promulgated rules.

2. a. If the commission determines that a member state has defaulted in the

performance of its obligations or responsibilities under this compact or the

promulgated rules, the commission shall:

(1) Provide written notice to the defaulting state and other member states of the

nature of the default, the proposed means of curing the default, or any other

action to be taken by the commission; and

(2) Provide remedial training and specific technical assistance regarding the

default.

b. If a state in default fails to cure the default, the defaulting state may be terminated

from the compact upon an affirmative vote of a majority of the member states,

and all rights, privileges, and benefits conferred by this compact may be

terminated on the effective date of termination. A cure of the default does not

relieve the offending state of obligations or liabilities incurred during the period of

default.

c. Termination of membership in the compact may be imposed only after all other

means of securing compliance have been exhausted. Notice of intent to suspend

or terminate shall be given by the commission to the governor, the majority and

minority leaders of the defaulting state's legislature, and each of the member

states.

d. A state that has been terminated is responsible for all assessments, obligations,

and liabilities incurred through the effective date of termination, including

obligations that extend beyond the effective date of termination.

e. The commission may not bear any costs related to a state that is found to be in

default or that has been terminated from the compact, unless agreed upon in

writing between the commission and the defaulting state.

f. The defaulting state may appeal the action of the commission by petitioning the

United States district court for the District of Columbia or the federal district where

the commission has its principal offices. The prevailing member shall be awarded

all costs of such litigation, including reasonable attorney's fees.

3. a. Upon request by a member state, the commission shall attempt to resolve

disputes related to the compact that arise among member states and between

member and nonmember states.

b. The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

4. a. The commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this compact.

b. By majority vote, the commission may initiate legal action in the United States

district court for the District of Columbia or the federal district where the

commission has its principal offices against a member state in default to enforce

compliance with the provisions of the compact and its promulgated rules and

bylaws. The relief sought may include both injunctive relief and damages. In the

event judicial enforcement is necessary, the prevailing member shall be awarded

all costs of such litigation, including reasonable attorney's fees.

c. The remedies herein are not the exclusive remedies of the commission. The

commission may pursue any other remedies available under federal or state law.
N.D. Cent. Code § 23-28-08 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-08
23-28-08. Uniformity of application and construction
Status: in_force

23-28-08. Uniformity of application and construction

This chapter must be so applied and construed as to effectuate its general purpose to make

uniform the law with respect to the subject of this chapter among those states which enact it.
N.D. Cent. Code § 23-16.1-05 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-05
23-16.1-05. Accounting
Status: in_force

23-16.1-05. Accounting

Upon the 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 § 23-09.1-05 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-05
23-09.1-05. Penalty
Status: in_force

23-09.1-05. Penalty

Any person who willfully violates this chapter or any rule or order of the department must be

punished by a civil penalty of not more than three hundred dollars per day of violation.
N.D. Cent. Code § 23-35-11 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-11
23-35-11. Budget
Status: in_force

23-35-11. Budget

A city, county, or health district, as the case may be, shall prepare a county public health

unit budget for the next fiscal year at the time and in the manner a county budget is adopted and

submit the budget to the board of county commissioners for approval, shall prepare a city public

health unit budget for the next fiscal year and submit the budget to the governing body of the

city for approval, or shall prepare a district budget as provided under this chapter. In the case of

a city board of health, the board shall certify the expenses to the governing body for payment

out of the general fund of the city. The governing body or auditor shall audit any expenses

incurred in quarantining or disinfecting any property outside an incorporated city and shall pay

for any expenses out of the general fund of the county.
N.D. Cent. Code § 23-21.1-09 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-09
23-21.1-09. Penalties
Status: in_force

23-21.1-09. Penalties

Any person violating any of the provisions of this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 23-06-05 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-05
23-06-05. Failure to dispose within required time - Penalty
Status: in_force

23-06-05. Failure to dispose within required time - Penalty

Any person that fails to comply with or who violates any of the provisions of section

23-06-04, or that refuses or neglects promptly to obey any order or instruction of the local board

of health, is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-06.5-14 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-14
23-06.5-14. Liability for health care costs
Status: in_force

23-06.5-14. Liability for health care costs

Liability for the cost of health care provided pursuant to the agent's decision is the same as

if the health care were provided pursuant to the principal's decision.
N.D. Cent. Code § 23-27.1-03 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-03
23-27.1-03. Home state licensure
Status: in_force

23-27.1-03. Home state licensure

1. Any member state in which an individual holds a current license is deemed a home

state for purposes of this compact.

2. Any member state may require an individual to obtain and retain a license to be

authorized to practice in the member state under circumstances not authorized by the

privilege to practice under the terms of this compact.

3. A home state's license authorizes an individual to practice in a remote state under the

privilege to practice only if the home state:

a. Currently requires the use of the national registry of emergency medical

technicians examination as a condition of issuing initial licenses at the emergency

medical technician and paramedic levels;

b. Has a mechanism in place for receiving and investigating complaints about

individuals;

c. Notifies the commission, in compliance with the terms herein, of any adverse

action or significant investigatory information regarding an individual;

d. No later than five years after activation of the compact, requires a criminal

background check of all applicants for initial licensure, including the use of the

results of fingerprint or other biometric data checks compliant with the

requirements of the federal bureau of investigation with the exception of federal

employees who have suitability determination in accordance with title 5, Code of

Federal Regulations, section 731, part 202 and submit documentation of such as

promulgated in the rules of the commission; and

e. Complies with the rules of the commission.
N.D. Cent. Code § 23-27.1-09 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-09
23-27.1-09. Additional powers invested in a member state's emergency medical services authority
Status: in_force

23-27.1-09. Additional powers invested in a member state's emergency medical

services authority.

A member state's emergency medical services authority, in addition to any other powers

granted under state law, is authorized under this compact to:

1. Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses and the production of evidence. Subpoenas issued by a

member state's emergency medical services authority for the attendance and

testimony of witnesses or the production of evidence from another member state, or

both, must be enforced in the remote state by any court of competent jurisdiction,

according to that court's practice and procedure in considering subpoenas issued in its

own proceedings. The issuing state's emergency medical services authority shall pay

any witness fees, travel expenses, mileage, and other fees required by the service

statutes of the state where the witnesses or evidence, or both, are located; and

2. Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to

practice in the state.
N.D. Cent. Code § 23-21-08 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-08
23-21-08. Posting of copies
Status: in_force

23-21-08. Posting of copies

Copies of the notice must, within ten days after the first publication, be posted in at least

three conspicuous places in the cemetery or the portion from which removals are to be made.
N.D. Cent. Code § 23-17.4-07 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-07
23-17.4-07. Basic requirements for hospice program
Status: in_force

23-17.4-07. Basic requirements for hospice program

A hospice program must comply with the following basic standards:

1. The hospice program's services must include physician services, nursing services,

medical social services, counseling, and volunteer services. The services must be

coordinated with those of the hospice patient's primary or attending physician.

2. The hospice program must coordinate its services with professional and

nonprofessional services already in the community. The hospice program may contract

for elements of its services; however, direct patient contact and overall coordination of

hospice services must be maintained by the hospice care team. Any contract entered

into between a hospice program and a health care facility or service provider must

specify that the hospice program retains the responsibility for planning and

coordinating hospice services and care on behalf of a hospice patient and the hospice

patient's family. No hospice which contracts for any hospice service may charge fees

for services provided directly by the hospice care team which duplicate contractual

services provided to the individual hospice patient or family.

3. The hospice care team is responsible for the coordination of home and inpatient care.

4. The hospice program must have a medical director who is a physician licensed

pursuant to chapter 43-17. The medical director has overall responsibility for medical

policy in relation to the care and treatment of hospice patients and their families

rendered by the hospice care team and must consult and cooperate with the hospice

patient's attending physician.

5. The hospice program must provide the services of a registered nurse, as defined

under chapter 43-12.1, to supervise and coordinate the palliative and supportive care

for patients and families provided by the hospice care team.

6. The hospice program must identify a member of the hospice team who will be

responsible for providing for coordination and administration of the hospice service

plan for patients and families.

7. The hospice program must have a bereavement program to provide a continuum of

supportive services for the family.

8. The hospice program must foster independence of the hospice patient and the hospice

patient's family by providing training, encouragement, and support so that the patient

and family can care for themselves as much as possible.

9. The hospice program may not impose the dictates of any value or belief system on

hospice patients or their families.

10. The hospice program must clearly define admission criteria. Decisions on admission

must be made by a hospice care team and are dependent upon the expressed request

of the patient; however, if the attending physician certifies that the patient is unable to

request admission, a family member may voluntarily request and receive admission of

the patient and family on the patient's behalf. Any request for admission must include

written evidence of informed consent signed by the person making the request, which

contains an explanation, in plain language of the nature and limitations of hospice

care.

11. The hospice program must keep accurate, current, and confidential records on all

hospice patients and their families. Upon reasonable notice, the records must be made

available to duly authorized officers or employees of the department.

12. The hospice program must use the services of trained volunteers.

13. The hospice program must consist of both home care and inpatient care which

incorporate the following characteristics:

a. The home care component must be the primary form of care, and shall be

available on a part-time, intermittent, regularly scheduled basis and on an on-call,

around-the-clock basis according to patient and family need.

b. The inpatient component may be used only if and while it is necessary. If feasible,

inpatient care should closely approximate a homelike environment, and provide

overnight family visitation within the facility.
N.D. Cent. Code § 23-02.1-01 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-01
23-02.1-01. Definitions
Status: in_force

23-02.1-01. Definitions

As used in this chapter:

1. "Authorized representative" means a person that has the legal authority to act on

behalf of the person named on a record, including a personal representative or

guardian.

2. "Birth record" means a record reporting a live birth.

3. "Certified" means a copy of the original record on file with the department of health

and human services which is signed and sealed by the state registrar or deputy state

registrar.

4. "Dead body" means a lifeless human body or parts of such body or bones thereof from

the state of which it may reasonably be concluded that death recently occurred.

5. "Electronic birth registration system" means the electronic birth registration system

maintained by the department of health and human services.

6. "Electronic death registration system" means the electronic death registration system

maintained by the department of health and human services.

7. "Facts of death" means the demographic and personal information pertaining to an

individual's death.

8. "Fetal death" or "birth resulting in stillbirth" means death occurring before the complete

expulsion or extraction from its mother of a product of human conception. The death is

indicated by the fact that after such expulsion or extraction the fetus does not breathe

or show any evidence of life such as beating of the heart, pulsation of the umbilical

cord, or definite movement of voluntary muscles.

9. "Filing" means the presentation of a record, report, or other information provided for in

this chapter of a birth, death, fetal death, adoption, marriage, divorce, or other event as

specified by the department of health and human services for registration by the state

registrar.

10. "Final disposition" means the entombment, burial, interment, cremation, whole-body

donation to a school of medicine, removal from the state, or other disposition of a dead

body or fetus.

11. "Health statistics" means data derived from records of birth, death, fetal death,

marriage, divorce, or other records relating to the health of the populace or the state of

the environment.

12. "Homeless youth" means an individual under sixteen years of age living in one of the

situations described in 42 U.S.C. 11434(a)(2) and who is not in the care and physical

custody of a parent or legal guardian.

13. "Homeless youth agency" means an agency assisting a homeless youth in obtaining

the homeless youth's birth record.

14. "Institution" means any establishment, public or private, which provides inpatient

medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary

care to two or more individuals unrelated by blood, or to which individuals are

committed by law.

15. "Live birth" means the complete expulsion or extraction from its mother of a product of

human conception, regardless of the duration of pregnancy, which after such expulsion

or extraction, breathes or shows any other evidence of life such as beating of the

heart, pulsation of the umbilical cord, or definite movement of voluntary muscles,

whether or not the umbilical cord has been cut or the placenta is attached.

16. "Medical certification" means the medical information pertaining to an individual's

death, including the cause and manner of death.

17. "Miscarriage of birth" means the expulsion of a fetus from the womb, spontaneously or

as a result of an accident, before twenty weeks gestation.

18. "Personal or real property interests" means ownership or other legal rights or duties

concerning personal or real property.

19. "Physician" means an individual authorized or licensed to practice medicine or

osteopathy under chapter 43-17.

20. "Registration" means the acceptance by the state registrar and incorporation into

official records, reports, or other records provided for in this chapter, of birth, death,

fetal death, marriage, divorce, or other records as may be determined by the

department of health and human services.

21. "Relative" means an individual's current or surviving spouse, a parent or legal

guardian, a child, a grandparent, or a grandchild. The state registrar may require proof

of the relationship.

22. "Sex" means the biological state of being female or male, based on the individual's

nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth.

23. "Subregistrar" means a funeral practitioner or other suitable individual from a licensed

funeral home who is appointed by the state registrar for the purpose of issuing final

disposition-transit permits.

24. "System of health statistics tabulation and analysis" includes the tabulation, analysis,

and presentation or publication of statistical data derived from health statistics.

25. "System of vital records registration" includes the registration, collection, preservation,

amendment, and certification of birth, death, fetal death, marriage, divorce, or other

records as may be determined necessary by the department of health and human

services.
N.D. Cent. Code § 23-27-04.1 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.1
23-27-04.1. Emergency care or services rendered by officers, employees, or agents of emergency medical services operations - Physician medical direction
Status: in_force

23-27-04.1. Emergency care or services rendered by officers, employees, or agents of

emergency medical services operations - Physician medical direction.

1. An officer, employee, or agent of an emergency medical services operation and a

physician licensed in this state who provides medical direction to an emergency

medical services operation, who is a volunteer, who in good faith renders emergency

care, services, or medical direction, is not liable to the recipient of the emergency care,

services, or medical direction for any civil damages resulting from any acts or

omissions by the person in rendering the emergency care, services, or medical

direction provided the person is properly trained according to law.

2. For the purpose of this section, "volunteer" means an individual who receives no

compensation or who is paid expenses, reasonable benefits, nominal fees, or a

combination of expenses, reasonable benefits, and nominal fees to perform the

services for which the individual volunteered, provided that the fees do not exceed ten

thousand dollars in any calendar year.

3. For a volunteer physician providing medical overview to an emergency medical

services operation and the operation's personnel, the ten thousand dollar maximum

fees amount is calculated separately for each emergency medical services operation

for which the physician volunteered medical overview. This section does not relieve a

person from liability for damages resulting from the intoxication, willful misconduct, or

gross negligence of the person rendering the emergency care or services.

4. An officer, employee, or agent of any emergency medical services operation and a

physician licensed in this state who provides medical direction to any emergency

medical services operation who in good faith does not render emergency care,

service, or medical direction to an individual based on a determination that transport of

that individual to a hospital is not medically necessary is not liable to that individual for

damages unless the damages resulted from intoxication, willful misconduct, or gross

negligence.
N.D. Cent. Code § 23-01-14 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-14
23-01-14. Department of health and human services authorized to transfer future accumulated fees
Status: in_force

23-01-14. Department of health and human services authorized to transfer future

accumulated fees.

As a continuing policy, the department of health and human services may automatically

from time to time transfer unclaimed fees on deposit with the Bank of North Dakota or other

authorized depository to the state general fund when the unclaimed status has existed for a

period of at least three years.
N.D. Cent. Code § 23-16.1-03 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-03
23-16.1-03. Appointment of receiver
Status: in_force

23-16.1-03. Appointment of receiver

The court shall appoint as receiver the state health officer who shall designate a qualified

individual, not employed by this state or its political subdivisions, or a nonprofit organization to

execute the receivership. The receiver appointed by the court shall use the income and assets

of the health care facility to maintain and operate the health care facility and to attempt to

correct the conditions that constitute a threat to the patients or residents. The receiver may not

liquidate the assets of the health care facility.
N.D. Cent. Code § 23-35-02.2 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-02.2
23-35-02.2. Public health units to adopt onsite wastewater recycling treatment guide
Status: repealed

23-35-02.2. Public health units to adopt onsite wastewater recycling treatment guide

Repealed by S.L. 2025, ch. 248, § 4.
N.D. Cent. Code § 23-34-02.1 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-02.1
23-34-02.1. Peer review organization reports - Admissibility
Status: in_force

23-34-02.1. Peer review organization reports - Admissibility

Any report, data, data compilation, analyses, or summary that is generated by a peer review

organization and made available to the department of health and human services or the public

by the department of health and human services, the North Dakota hospital association, or the

North Dakota hospital foundation, may not be introduced into evidence, for any purpose, in any

civil or administrative proceeding.
N.D. Cent. Code § 23-07-07.5 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-07.5
23-07-07.5. Testing of inmates and convicted individuals for exposure to the human immunodeficiency virus - Reporting - Liability
Status: in_force

23-07-07.5. Testing of inmates and convicted individuals for exposure to the human

immunodeficiency virus - Reporting - Liability.

1. The following individuals must be examined or tested for the presence of antibodies to

or antigens of the human immunodeficiency virus:

a. Every individual convicted of a crime who is imprisoned for fifteen days or more in

a grade one or grade two jail, a regional correctional facility, or the state

penitentiary;

b. Every individual, whether imprisoned or not, who is convicted of a sexual offense

under chapter 12.1-20, except for those convicted of violating sections

12.1-20-12.1 and 12.1-20-13; and

c. Every individual, whether imprisoned or not, who is convicted of an offense

involving the use of a controlled substance, as defined in chapter 19-03.1, and

the offense involved the use of paraphernalia, including any type of syringe or

hypodermic needle, that creates an epidemiologically demonstrated risk of

transmission of the human immunodeficiency virus.

2. The results of any positive or reactive test must be reported to the department of

health and human services in the manner prescribed by the department and to the

individual tested. Subsection 1 does not require the testing of an individual before

sentencing or the testing of an individual held in a jail or correctional facility awaiting

transfer to the state penitentiary.

3. A licensed physician, nurse, technician, or employee of a hospital or clinic who draws

blood from any person for the purpose of conducting a test required by this section is

not liable in any civil action for damages arising out of such action except for an act or

omission that constitutes gross negligence.