N.D. Cent. Code § 23-01-25 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-25
23-01-25. Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws - Laboratory function
Status: in_force

23-01-25. Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil

conditioner laws - Laboratory function.

Notwithstanding any other provision of law, any laboratory test or analysis required under

chapter 4.1-34, 4.1-40, or 4.1-41 must be performed by the department of health and human

services for the agriculture commissioner at no charge.
N.D. Cent. Code § 23-21.1-02.1 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-02.1
23-21.1-02.1. License to operate a perpetual care cemetery - Fee
Status: in_force

23-21.1-02.1. License to operate a perpetual care cemetery - Fee

No organization may operate as a perpetual care cemetery unless licensed on forms

provided by the department of health and human services by the recorder of the county within

which the cemetery is located, unless the board of county commissioners designates a different

official. The license must be renewed by or before July first of each year. Prior to issuance or

renewal of a license, the recorder, or designated official, shall determine if the applicant is in full

compliance with the provisions of this chapter. When applying for a license renewal, the

applicant shall report to the recorder, or designated official, the number of spaces sold, the

gross amount of receipts from the sale of spaces, and the amount of money transferred to the

perpetual care trust fund during the organization's previous fiscal year. The license fee must be

five dollars per year, except that any perpetual care cemetery which has sold less than ten

spaces during the previous fiscal year may not be required to pay a license fee.
N.D. Cent. Code § 23-12-12 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-12
23-12-12. Federal Health Care Quality Improvement Act of 1986 applicable in North Dakota
Status: in_force

23-12-12. Federal Health Care Quality Improvement Act of 1986 applicable in North

Dakota.

Pursuant to the Health Care Quality Improvement Act of 1986 [Pub. L. 99-660, Title IV;

100 Stat. 3784; 42 U.S.C. 11101 et seq.], providing for a limitation on damages for professional

review actions, the provisions of that Act are effective in this state.
N.D. Cent. Code § 23-06.5-09 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-09
23-06.5-09. Duties of provider
Status: in_force

23-06.5-09. Duties of provider

1. A principal's health care or long-term care services provider, and employees thereof,

having knowledge of the principal's health care directive, are bound to follow the health

care decisions of the principal's designated agent or a health care instruction to the

extent they are consistent with this chapter and the health care directive.

2. A principal's health care or long-term care services provider may decline to comply

with a health care decision of a principal's designated agent or a health care

instruction for reasons of conscience or other conflict. A provider that declines to

comply with a health care decision or instruction shall take all reasonable steps to

transfer care of the principal to another health care provider who is willing to honor the

agent's health care decision, or instruction or directive, and shall provide continuing

care to the principal until a transfer can be effected.

3. This chapter does not require any physician or other health care provider to take any

action contrary to reasonable medical standards.

4. This chapter does not affect the responsibility of the attending physician or other health

care provider to provide treatment for a patient's comfort, care, or alleviation of pain.

5. Notwithstanding a contrary direction contained in a health care directive executed

under this chapter, health care must be provided to a pregnant principal unless, to a

reasonable degree of medical certainty as certified on the principal's medical record by

the attending physician and an obstetrician who has examined the principal, such

health care will not maintain the principal in such a way as to permit the continuing

development and live birth of the unborn child or will be physically harmful or

unreasonably painful to the principal or will prolong severe pain that cannot be

alleviated by medication.

6. In the absence of a direction to the contrary contained in a health care directive

prepared under this chapter, nothing in this chapter requires a physician to withhold,

withdraw, or administer nutrition or hydration, or both, from or to the principal. Nutrition

or hydration, or both, must be withdrawn, withheld, or administered, if the principal for

whom the administration of nutrition or hydration is considered, has directed in a

health care directive the principal's desire that nutrition or hydration, or both, be

withdrawn, withheld, or administered. If a health care directive prepared under this

chapter does not indicate the principal's direction with respect to nutrition or hydration,

nutrition or hydration, or both, may be withdrawn or withheld if the attending physician

has determined that the administration of nutrition or hydration is inappropriate

because the nutrition or hydration cannot be physically assimilated by the principal or

would be physically harmful or would cause unreasonable physical pain to the

principal.
N.D. Cent. Code § 23-06.5-10 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-10
23-06.5-10. Freedom from influence
Status: in_force

23-06.5-10. Freedom from influence

A health care provider, long-term care services provider, health care service plan, insurer

issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital

service plan may not charge a person a different rate or require any person to execute a health

care directive as a condition of admission to a hospital or long-term care facility nor as a

condition of being insured for, or receiving, health care or long-term care services. Health care

or long-term care services may not be refused because a person has executed a health care

directive.
N.D. Cent. Code § 23-01-04.2 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-04.2
23-01-04.2. Legislative intent - Health vaccination charges
Status: in_force

23-01-04.2. Legislative intent - Health vaccination charges

It is the intent of the legislative assembly that the state department of health adopt rules

defining appropriate administration charges for vaccine provided by the department to

physicians, private clinics, and hospitals.
N.D. Cent. Code § 23-10-06.2 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-06.2
23-10-06.2. License transferability
Status: in_force

23-10-06.2. License transferability

The department shall transfer a license without charge if the proposed new owner applies in

writing within thirty days of the date of sale for a transfer of the license and certifies that the

mobile home park, recreational vehicle park, or campground will be operated in accordance with

this chapter.
N.D. Cent. Code § 23-01-44 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-44
23-01-44. Syringe or needle exchange program - Authorization
Status: in_force

23-01-44. Syringe or needle exchange program - Authorization

1. As used in this section:

a. "Program" means a syringe exchange program established and operated under

this section.

b. "Qualified entity" means:

(1) A local health department;

(2) A city that operates a program within the boundaries of the city; or

(3) An organization that has been authorized to operate a program by the

department of health and human services, the board of county

commissioners, or the governing body for the operation of a program within

the boundaries of the city.

c. "Supplies" include needles, syringes, sterile disposal preparation spoons, cotton,

sterile filters, alcohol wipes, sterile water, saline, tourniquets, disposal containers,

wound care, testing strips, naloxone, and other items recognized as supporting

safe drug use.

2. The department of health and human services shall design and administer a syringe

exchange program.

3. The department of health and human services may authorize a qualified entity to

operate a program in a county if:

a. The area to be served is at risk of an increase or potential increase in prevalence

of viral hepatitis or human immunodeficiency virus;

b. A syringe exchange program is medically appropriate as part of a comprehensive

public health response; and

c. The qualified entity conducted a public hearing and submitted a report of the

findings and an administration plan for the program to the department of health

and human services.

4. A qualified entity operating a program under this chapter shall:

a. Register the program annually in the manner prescribed by the department of

health and human services;

b. Have a pharmacist, physician, or advanced practice registered nurse who is

licensed in the state to provide oversight for the program;

c. Store and dispose of all syringes, needles, and supplies collected in a safe and

legal manner;

d. Provide education and training on drug overdose response and treatment,

including the administration of an overdose reversal medication;

e. Provide education, referral, and linkage to human immunodeficiency virus, viral

hepatitis, and sexually transmitted disease prevention, treatment, and care

services;

f. Provide addiction treatment information and referrals to drug treatment programs,

including programs in the local area and programs that offer medication-assisted

treatment that includes a federal food and drug administration approved

long-acting, non-addictive medication for the treatment of opioid or alcohol use

disorder;

g. Provide syringe, needle, supply, and injection supply distribution and collection

without collecting or recording personally identifiable information;

h. Operate in a manner consistent with public health and safety; and

i. Ensure the program is medically appropriate and part of a comprehensive public

health response.

5. The department of health and human services may terminate a program for failure to

comply with any of the provisions in this section.

6. A state agency may not provide general fund moneys to a program to purchase or

otherwise acquire hypodermic syringes, needles, or injection supplies for a program

under this section.

7. A law enforcement officer may not stop, search, or seize an individual based on the

individual's participation in a program under this section. Syringes, needles, and

supplies appropriately collected under this section are not considered drug

paraphernalia as provided in chapter 19-03.4 or possession of a controlled substance

under section 19-03.1-23.

8. Each program shall file a semiannual report with the department of health and human

services containing the following information listed on a daily basis and by location,

identified by the postal zip code, where the program distributed and collected syringes,

needles, and supplies:

a. The number of individuals served;

b. The number of syringes, needles, and supplies collected;

c. The number of syringes and needles distributed; and

d. Any additional information requested by the department of health and human

services.
N.D. Cent. Code § 23-35-01 — ND Code / Title 23 / Chapter 23-35 / Section 23-35-01
23-35-01. Definitions
Status: in_force

23-35-01. Definitions

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

1. "Board of health" means a district, county, city, or tribal board of health.

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

3. "Governing body" means, as applicable, a city commission, city council, board of

county commissioners, joint board of county commissioners, or tribal council.

4. "Health district" means an entity formed under section 23-35-04 or 23-35-05.

5. "Joint board of county commissioners" means the boards of county commissioners of

two or more counties acting together in joint session.

6. "Local health officer" means the health officer of a public health unit.

7. "Public health department" means a city, county, or tribal health department formed

under this chapter.

8. "Public health unit" means the local organization formed under this chapter to provide

public health services in a city, county, or designated multicounty or city-county area,

or Indian reservation. The term includes a city public health department, county public

health department, tribal health department, and a health district.
N.D. Cent. Code § 23-12-06 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-06
23-12-06. Injury to public health - Penalty
Status: repealed

23-12-06. Injury to public health - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 23-02.1-16 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-16
23-02.1-16. Delayed registration of death
Status: in_force

23-02.1-16. Delayed registration of death

When a death occurring in this state has not been registered within the time period specified

in section 23-02.1-19, a record may be filed in accordance with regulations of the department of

health and human services.

1. Such records must be registered subject to such evidentiary requirements as the

department of health and human services may by regulation prescribe to substantiate

the alleged facts of death.

2. Records of death registered one year or more after the date of occurrence must be

marked "delayed" and must show on their face the date of delayed registration.
N.D. Cent. Code § 23-11-22 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-22
23-11-22. Sale of bonds
Status: in_force

23-11-22. Sale of bonds

Bonds issued by an authority may be sold at a private sale without notice or at public sale

held after a notice has been published at least five days prior to the sale in a newspaper having

a general circulation in the city or county, as the case may be. Bond issues sold at private sale

must bear interest at a rate or rates and be sold at a price resulting in an average net interest

cost not exceeding twelve percent per annum. There is no interest rate ceiling on issues sold at

public sale or to the state of North Dakota or any of its agencies or instrumentalities. The bonds

may not be sold for less than ninety-eight percent of par.
N.D. Cent. Code § 23-24-02 — ND Code / Title 23 / Chapter 23-24 / Section 23-24-02
23-24-02. Petition for establishment of vector control districts - Hearing thereon and investigation - District when created
Status: in_force

23-24-02. Petition for establishment of vector control districts - Hearing thereon and

investigation - District when created.

Whenever there is filed with the department a petition signed by the governing body of a

county, city, or township or by twenty percent or more of the freeholders within the limits of a

proposed vector control district, the department shall fix a time and place for a public hearing on

such petition. The place of hearing must be convenient and accessible for a majority of the

freeholders of the proposed district. Not less than ten days prior to the date of hearing, notice

thereof must be published in at least one newspaper of general circulation in the proposed

district. Prior to such hearing the department shall make or cause to be made an investigation of

the need for the establishment of the proposed vector control district and shall submit his report

to the department. If the department finds that it is not feasible, desirable, or practical to

establish the proposed district, it shall make an order denying the petition and state therein the

reasons for its action. If, however, the department finds the problems of vector control or other

reasons make the establishment of the proposed district desirable, proper, and necessary, it

shall grant the petition and create such district and establish the boundaries thereof.
N.D. Cent. Code § 23-17.6-05 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-05
23-17.6-05. Denial, suspension, or revocation of certificate of registration
Status: in_force

23-17.6-05. Denial, suspension, or revocation of certificate of registration

The department may deny, suspend, or revoke the certificate of registration of an extended

stay center for noncompliance with this chapter in accordance with the administrative hearing

provisions of chapter 28-32.
N.D. Cent. Code § 23-09-15 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-15
23-09-15. Obstructing inspection - Penalty
Status: repealed

23-09-15. Obstructing inspection - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 23-27-04.10 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.10
23-27-04.10. Air ambulance services
Status: in_force

23-27-04.10. Air ambulance services

1. The department shall create and maintain a primary call list and a secondary call list of

air ambulance service providers operating in this state.

2. To qualify to be listed on the primary call list, an air ambulance service provider shall

submit to the department attested documentation indicating the air ambulance service

provider is a participating provider of the health insurance carriers in the state which

collectively hold at least seventy-five percent of the health insurance coverage in the

state as determined by annual market share reports.

3. The department shall provide the primary call list and the secondary call list for air

ambulance service providers operating in this state to all emergency medical services

personnel, each hospital licensed under chapter 23-16, each 911 coordinator in this

state, and each public safety answering point operating in this state.

4. The department shall establish air ambulance service response zones for rotary wing

aircraft which are based on response times and patient health and safety.

a. Upon receipt of a request for air ambulance services, emergency medical

services personnel, a hospital licensed under chapter 23-16, or a public safety

answering point operating in this state, shall make a reasonable effort to inform

the requesting party of the estimated response time for the requested air

transport versus the ground transport for that designated response zone. If at any

point during the request for air ambulance services the requester withdraws the

request, the receiving party is not required to complete that call for air ambulance

services.

b. If emergency medical services personnel, a hospital licensed under

chapter 23-16, or a public safety answering point operating in this state receives

a request from emergency medical services personnel for air ambulance

services, the recipient of the request shall comply with the call priority under this

subdivision in responding to the request.

(1) First, the recipient of the request shall call an air ambulance service provider

listed on the primary call list which is within the designated response zone.

(2) Second, if each of the air ambulance service providers listed on the primary

list is not available or is not able and willing to respond to the call, the

recipient of the request shall notify the requester of this fact and shall call an

air ambulance provider listed on the secondary call list within the designated

response zone.

(3) Third, if each of the air ambulance service providers listed on the secondary

list is not available or is not able and willing to respond to the call, the

recipient of the request shall notify the requester of this fact and shall inform

the requester of primary and secondary air ambulance service provider

options outside the designated response zone.

5. Upon request of the department, a potential patient, or a potential patient's legal

guardian, an air ambulance service provider shall provide that provider's fee schedule,

including the base rate, per loaded mile rate, and any usual and customary charges.

a. The department shall compile and distribute this fee information to each hospital

licensed under chapter 23-16, each hospital emergency department in the state,

each physician the department determines is likely to generate an air ambulance

transport, each emergency medical services operation, each emergency medical

services professional, each emergency medical services personnel, each public

safety answering point in this state, and each 911 coordinator in this state.

b. Before a hospital refers a patient to an air ambulance service provider, the

hospital shall make a reasonable effort to inform the patient or the patient's legal

guardian of the fees for the air ambulance service providers licensed under this

chapter, for the purpose of allowing the patient or legal guardian to make an

informed decision on choosing an air ambulance service provider. A hospital is

exempt from complying with this subdivision if the hospital determines

compliance might jeopardize the health or safety of the patient.

6. The department of health and human services shall adopt rules establishing air

ambulance service provider requirements that must address transport plans, including

auto launch protocol and auto launch cancellation protocol; transporting to the nearest

appropriate medical facility; medical necessity; and informed consent. As necessary,

the department of health and human services shall adopt rules relating to quality of

care standards and other appropriate requirements regarding air ambulance service

providers.
N.D. Cent. Code § 23-36-09 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-09
23-36-09. Owner's responsibility
Status: in_force

23-36-09. Owner's responsibility

1. The owner of an animal is liable for the cost of quarantine and veterinary services, and

for the cost of any postexposure treatment received by an individual who is possibly

exposed to rabies by the owner's animal, if the animal is not:

a. Licensed or registered as required by any state or local law or rule applicable to

that species; or

b. Confined or vaccinated as required by any state or local law or rule applicable to

that species.

2. This section may not be construed to limit any other liability of an animal owner for

injury or damage caused by the owner's animal.
N.D. Cent. Code § 23-06-22 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-22
23-06-22. Sexton - Term of office, records, duties
Status: in_force

23-06-22. Sexton - Term of office, records, duties

The sexton or secretary appointed by the person, corporation, municipality, association, or

organization conducting a cemetery for the burial of dead human bodies shall hold office until a

successor is appointed and qualified. The sexton or secretary shall transfer all records to the

successor. The sexton or secretary shall enforce the laws of the state and the rules and

regulations of the department of health and human services with respect to the burial of dead

human bodies within the cemetery under the sexton's or secretary's charge.
N.D. Cent. Code § 23-41-05 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-05
23-41-05. Birth report of child with special health care needs - Use - Confidential
Status: in_force

23-41-05. Birth report of child with special health care needs - Use - Confidential

The information contained in the report furnished to the department under section 23-39-04

concerning a child with a visible congenital deformity may be used by the department for the

care and treatment of the child pursuant to this chapter. The report is confidential and is solely

for the use of the department in the performance of its duties. The report is not open to public

inspection nor considered a public record.
N.D. Cent. Code § 23-09.3-01 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-01
23-09.3-01. Definitions
Status: in_force

23-09.3-01. Definitions

As used in this chapter:

1. "Basic care facility" means a residence, not licensed under chapter 23-16 by the

department, that provides room and board to five or more individuals who are not

related by blood or marriage to the owner or manager of the residence and who,

because of impaired capacity for independent living, require health, social, or personal

care services, but do not require regular twenty-four-hour medical or nursing services

and:

a. Makes response staff available at all times to meet the twenty-four-hour per day

scheduled and unscheduled needs of the individual;

b. Is kept, used, maintained, advertised, or held out to the public as an Alzheimer's,

dementia, or special memory care facility; or

c. Is attached to a nursing home or assisted living facility and its staff are available

to meet the needs of all residents and comply with state and federal regulations.

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

3. "Services" includes responsibility for resident health and safety, assistance with

activities of daily living and instrumental activities of daily living, provision of leisure,

recreational, and therapeutic activities, supervision of nutritional needs, and

medication administration.
N.D. Cent. Code § 23-06.6-10 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-10
23-06.6-10. Persons that may receive anatomical gift - Purpose of anatomical gift
Status: in_force

23-06.6-10. Persons that may receive anatomical gift - Purpose of anatomical gift

1. An anatomical gift may be made to the following persons named in the document of

gift:

a. A hospital; accredited medical school, dental school, college, or university; organ

procurement organization; or other appropriate person for research or education;

b. Subject to subsection 2, an individual designated by the person making the

anatomical gift if the individual is the recipient of the part; or

c. An eye bank or tissue bank.

2. If an anatomical gift to an individual under subdivision b of subsection 1 cannot be

transplanted into the individual, the part passes in accordance with subsection 7 in the

absence of an express, contrary indication by the person making the anatomical gift.

3. If an anatomical gift of one or more specific parts or of all parts is made in a document

of gift that does not name a person described in subsection 1 but identifies the

purpose for which an anatomical gift may be used, the following rules apply:

a. If the part is an eye and the gift is for the purpose of transplantation or therapy,

the gift passes to the appropriate eye bank.

b. If the part is tissue and the gift is for the purpose of transplantation or therapy, the

gift passes to the appropriate tissue bank.

c. If the part is an organ and the gift is for the purpose of transplantation or therapy,

the gift passes to the appropriate organ procurement organization as custodian of

the organ.

d. If the part is an organ, an eye, or tissue and the gift is for the purpose of research

or education, the gift passes to the appropriate procurement organization.

4. For the purpose of subsection 3, if there is more than one purpose of an anatomical

gift set forth in the document of gift but the purposes are not set forth in any priority,

the gift must be used for transplantation or therapy, if suitable. If the gift cannot be

used for transplantation or therapy, the gift may be used for research or education.

5. If an anatomical gift of one or more specific parts is made in a document of gift that

does not name a person described in subsection 1 and does not identify the purpose

of the gift, the gift may be used only for transplantation or therapy, and the gift passes

in accordance with subsection 7.

6. If a document of gift specifies only a general intent to make an anatomical gift by

words such as "donor", "organ donor", or "body donor", or by a symbol or statement of

similar import, the gift may be used only for transplantation or therapy, and the gift

passes in accordance with subsection 7.

7. For purposes of subsections 2, 5, and 6 the following rules apply:

a. If the part is an eye, the gift passes to the appropriate eye bank.

b. If the part is tissue, the gift passes to the appropriate tissue bank.

c. If the part is an organ, the gift passes to the appropriate organ procurement

organization as custodian of the organ.

8. An anatomical gift of an organ for transplantation or therapy, other than an anatomical

gift under subdivision b of subsection 1, passes to the organ procurement organization

as custodian of the organ.

9. If an anatomical gift does not pass pursuant to subsection 1, 2, 3, 4, 5, 6, 7, or 8 or the

decedent's body or part is not used for transplantation, therapy, research, or

education, custody of the body or part passes to the person under obligation to

dispose of the body or part.

10. A person may not accept an anatomical gift if the person knows that the gift was not

effectively made under section 23-06.6-04 or 23-06.6-09 or if the person knows that

the decedent made a refusal under section 23-06.6-06 that was not revoked. For

purposes of this subsection, if a person knows that an anatomical gift was made on a

document of gift, the person is deemed to know of any amendment or revocation of

the gift or any refusal to make an anatomical gift on the same document of gift.

11. Except as otherwise provided in subdivision b of subsection 1, nothing in this chapter

affects the allocation of organs for transplantation or therapy.
N.D. Cent. Code § 23-01-05.4 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-05.4
23-01-05.4. Department to employ state forensic examiner - Qualifications - Duties
Status: in_force

23-01-05.4. Department to employ state forensic examiner - Qualifications - Duties

The department of health and human services may employ and establish the qualifications

and compensation of the state forensic examiner. The state forensic examiner must be a

physician who is board-certified or board-eligible in forensic pathology, who is licensed to

practice in this state, and who is in good standing in the profession. The state forensic examiner

shall:

1. Exercise all authority conferred upon the coroner under chapter 11-19.1 and any other

law;

2. Consult with local coroners on the performance of their duties as coroners;

3. Conduct investigations into the cause of death of and perform autopsies on any

deceased human body whenever requested to do so by the acting local county

coroner or the local state's attorney;

4. Provide training and educational materials to local county coroners, law enforcement,

and any other person the state forensic examiner deems necessary;

5. Maintain complete records of the cause, manner, and mode of death necessary for

accurate health statistics and for public health purposes; and

6. Perform other duties assigned by the commissioner of the department of health and

human services.
N.D. Cent. Code § 23-07.2-03 — ND Code / Title 23 / Chapter 23-07.2 / Section 23-07.2-03
23-07.2-03. Recovery from other sources
Status: in_force

23-07.2-03. Recovery from other sources

The department of health and human services may enter into agreements with third parties,

including any insurer or private sources, for recovery of payments for blood products and

supplies used in home care by persons participating in the program.
N.D. Cent. Code § 23-07-17.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-17.1
23-07-17.1. Inoculation required before admission to school
Status: in_force

23-07-17.1. Inoculation required before admission to school

1. A child may not be admitted to any public, private, or parochial school, or day care

center, child care facility, head start program, or nursery school operating in this state

or be supervised through home-based instruction unless the child's parent or guardian

presents to the institution authorities a certification from a licensed physician or

authorized representative of the department of health and human services that the

child has received age-appropriate immunization against diphtheria, pertussis, tetanus,

measles, rubella (German measles), mumps, hepatitis B, haemophilus influenza

type b (Hib), varicella (chickenpox), poliomyelitis, pneumococcal disease,

meningococcal disease, rotovirus, and hepatitis A. In the case of a child receiving

home-based instruction, the child's parent or legal guardian shall file the certification

with the public school district in which the child resides.

2. A child may enter an institution upon submitting written proof from a licensed physician

or authorized representative of the department of health and human services stating

that the child has started receiving the required immunization or has a written consent

by the child's parent or guardian for a local health service or department to administer

the needed immunization without charge or has complied with the requirements for

certificate of exemption as provided for in subsection 3.

3. Any minor child, through the child's parent or guardian, may submit to the institution

authorities either a certificate from a licensed physician stating that the physical

condition of the child is such that immunization would endanger the life or health of the

child or a certificate signed by the child's parent or guardian whose religious,

philosophical, or moral beliefs are opposed to such immunization. The minor child is

then exempt from the provisions of this section.

4. The enforcement of subsections 1, 2, and 3 is the responsibility of the designated

institution authority.

5. The immunizations required, and the procedure for their administration, as prescribed

by the department of health and human services, must conform to recognized

standard medical practices in the state. The department of health and human services

shall administer the provisions of this section and shall promulgate rules and

regulations in the manner prescribed by chapter 28-32 for the purpose of administering

this section.

6. When, in the opinion of the health officer, danger of an epidemic exists from any of the

communicable diseases for which immunization is required under this section, the

exemptions from immunization against such disease may not be recognized and

children not immunized must be excluded from an institution listed in subsection 1

until, in the opinion of the health officer, the danger of the epidemic is over. The

designated institution authority shall notify those parents or guardians taking legal

exception to the immunization requirements that their children are excluded from

school during an epidemic as determined by the department of health and human

services.

7. When, in the opinion of the health officer, extenuating circumstances make it difficult or

impossible to comply with immunization requirements, the health officer may authorize

children who are not immunized to be admitted to an institution listed in subsection 1

until the health officer determines that the extenuating circumstances no longer exist.

Extenuating circumstances include a shortage of vaccine and other temporary

circumstances.
N.D. Cent. Code § 23-06.6-02 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-02
23-06.6-02. Applicability
Status: in_force

23-06.6-02. Applicability

This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to

make an anatomical gift, whenever made.
N.D. Cent. Code § 23-09-10 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-10
23-09-10. Drinking water standards
Status: in_force

23-09-10. Drinking water standards

Every person operating a food establishment, lodging establishment, or assisted living

facility shall see that the drinking water supplied therein is obtained from an approved source

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

operated according to law.
N.D. Cent. Code § 23-09-20 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-20
23-09-20. Requirements of fireproof hotel - Penalty for false advertising
Status: in_force

23-09-20. Requirements of fireproof hotel - Penalty for false advertising

No person may advertise as fireproof a building or hotel unless all foundations, floors, roofs,

walls, stairways, stairs, elevator shafts, and dumbwaiter shafts are constructed of concrete,

brick, terra cotta blocks, steel, or other fireproof material. Any person violating the provisions of

this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 23-06.3-02 — ND Code / Title 23 / Chapter 23-06.3 / Section 23-06.3-02
23-06.3-02. Notice to family in case of imminent death
Status: in_force

23-06.3-02. Notice to family in case of imminent death

If it appears to a physician who has primary responsibility for the treatment and care of an

individual that the death of the individual is imminent, the physician shall make reasonable

efforts to notify the individual's next of kin. If after making reasonable efforts the next of kin are

not notified, the physician shall document in the medical records of the individual the efforts

made to notify the next of kin. If notice is given, the physician shall provide the next of kin with

appropriate information regarding the individual's medical condition and available medical

therapies.
N.D. Cent. Code § 23-02.1-23 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-23
23-02.1-23. Marriage registration
Status: in_force

23-02.1-23. Marriage registration

1. A record of each marriage performed in this state must be filed with the state registrar

as provided in this section.

2. The officer who issues the marriage license shall prepare the record on the form

prescribed and furnished by the state registrar upon the basis of information obtained

from the parties to be married, who shall attest to information by their signatures.

3. Every person who performs a marriage shall certify the fact of marriage and file the

record with the officer who issued the license within seven days after the ceremony.

4. Every officer issuing a marriage license shall complete and forward to the state

registrar, on or before the fifth day of each calendar month, a copy of the marriage

records specified in subsection 1 for marriages filed with that officer during the

preceding calendar month.
N.D. Cent. Code § 23-23.1-03 — ND Code / Title 23 / Chapter 23-23.1 / Section 23-23.1-03
23-23.1-03. Hearing of board on effects of laetrile - Rules
Status: in_force

23-23.1-03. Hearing of board on effects of laetrile - Rules

Any person may petition, or the board on its own motion may convene, a public hearing to

determine the effects of the use of amygdalin and to promulgate rules and regulations pursuant

to chapter 28-32 as to its use and administration.
N.D. Cent. Code § 23-21-03 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-03
23-21-03. County order for disinterment
Status: in_force

23-21-03. County order for disinterment

The board of county commissioners of any county may, by resolution and under such rules

and regulations as it may adopt, order the disinterring and removal of all human remains from

any cemetery which is within the county and outside the boundaries of any municipality,

whenever the board finds that the further maintenance of all or any part of the cemetery as a

burial place for the human dead threatens or endangers the health, safety, comfort, or welfare of

the public.
N.D. Cent. Code § 23-07-12.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-12.1
23-07-12.1. Limitations on requirements to wear a mask
Status: in_force

23-07-12.1. Limitations on requirements to wear a mask

A statewide elected official or the state health officer may not mandate an individual in this

state use a face mask, face shield, or other face covering. This section applies, notwithstanding

authority granted under other provisions of law, including section 23-01-05 and chapter 37-17.1.
N.D. Cent. Code § 23-17.6-01 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-01
23-17.6-01. Definitions
Status: in_force

23-17.6-01. Definitions

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

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

2. "Extended stay center" means a facility that provides extended stay services.

3. "Extended stay services" means postsurgical and postdiagnostic medical and nursing

services provided to a patient recovering from a surgical procedure performed in an

ambulatory surgical center.

4. "Operating room" has the meaning given that term in rules adopted by the department.
N.D. Cent. Code § 23-21-01 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-01
23-21-01. Definitions
Status: in_force

23-21-01. Definitions

In this chapter, unless the context otherwise requires, the term:

1. "Burial park" means a tract of land for the burial of human remains in the ground, used

or intended to be used, and dedicated, for cemetery purposes.

2. "Cemetery" means any one, or a combination of more than one, of the following, in a

place used, or intended to be used, and dedicated, for cemetery purposes:

a. A burial park, for earth interments.

b. A mausoleum, for crypt or vault interments.

c. A crematory, or a crematory and columbarium, for cinerary interments.

3. "Cemetery authority" includes a cemetery corporation, limited liability company,

association, or other person owning or controlling cemetery lands or property.

4. "Cemetery business, cemetery businesses" and "cemetery purposes" are used

interchangeably and mean any and all business and purposes requisite to, necessary

for, or incident to, establishing, maintaining, operating, improving, or conducting a

cemetery, interring human remains, and the care, preservation, and embellishment of

cemetery property, including but not limited to, any activity or business designed for

the benefit, service, convenience, education, or spiritual uplift of property owners or

persons visiting the cemetery.

5. "Human remains" or "remains" means the body of a deceased person, and includes

the body in any stage of decomposition or cremated remains.
N.D. Cent. Code § 23-02.1-09 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-09
23-02.1-09. Compensation of local registrars
Status: repealed

23-02.1-09. Compensation of local registrars

Repealed by S.L. 2007, ch. 234, § 29.
N.D. Cent. Code § 23-07.6-10 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-10
23-07.6-10. Request to terminate or modify an order - Review of confinement orders
Status: in_force

23-07.6-10. Request to terminate or modify an order - Review of confinement orders

A respondent may, at any time, request the court to terminate or modify an order of the

court, in which case a hearing must be held in accordance with this chapter. Upon its own

motion, the court may conduct a hearing to determine if the conditions requiring the confinement

or restriction of the respondent continue to exist. Notice of at least five days, but no more than

ten business days, must be provided to all parties to the hearing under this section. If the court,

at a hearing held upon motion of the respondent or its own motion, finds that the conditions

requiring confinement or restriction no longer exist, the court shall order the immediate release

of the respondent. If the court finds that the conditions continue to exist but that a different

remedy is appropriate under this chapter, the court may modify its order accordingly.
N.D. Cent. Code § 23-27.1-05 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-05
23-27.1-05. Conditions of practice in a remote state
Status: in_force

23-27.1-05. Conditions of practice in a remote state

An individual may practice in a remote state under a privilege to practice only in the

performance of the individual's emergency medical services duties as assigned by an

appropriate authority, as defined in the rules of the commission, and under the following

circumstances:

1. The individual originates a patient transport in a home state and transports the patient

to a remote state;

2. The individual originates in the home state and enters a remote state to pick up a

patient and provide care and transport of the patient to the home state;

3. The individual enters a remote state to provide patient care or transport within that

remote state;

4. The individual enters a remote state to pick up a patient and provide care and

transport to a third member state; and

5. Other conditions as determined by rules promulgated by the commission.
N.D. Cent. Code § 23-06-03 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-03
23-06-03. Duty of final disposition - Final disposition of individuals who are indigent - Decedent's instructions
Status: in_force

23-06-03. Duty of final disposition - Final disposition of individuals who are indigent -

Decedent's instructions.

1. The duty of final disposition of the body of a deceased individual devolves upon the

following individual in the order of priority:

a. Any legally competent adult given the duty of final disposition by the deceased

individual in a statement conforming with section 23-06-31, except the legally

competent adult specified in the statement conforming with section 23-06-31 may

decline the duty of final disposition unless the individual would otherwise have the

duty of final disposition under this section;

b. The surviving spouse if:

(1) The deceased was married;

(2) The surviving spouse has not been arrested for, or pled guilty or nolo

contendere to, or has been found guilty of intentionally and feloniously killing

the deceased; and

(3) The surviving spouse has not admitted to or been charged with intentionally

and feloniously killing the deceased.

c. If the deceased was not married or was intentionally and feloniously killed by the

surviving spouse, or the surviving spouse was arrested for, admitted to, or was

charged with intentionally and feloniously killing the deceased, and left kindred,

upon the majority of the adult children of the decedent; however, in the absence

of actual knowledge to the contrary, a funeral director or mortician may rely on

instructions given by the child who represents to be the sole surviving child or the

children who represent to constitute a majority of the surviving children;

d. The surviving parent or parents of the decedent, each having equal authority;

e. The adult sibling or the majority of the adult siblings of the decedent; however, in

the absence of actual knowledge to the contrary, a funeral director or mortician

may rely on instructions given by the sibling who represents to be the sole

surviving sibling or the siblings who represent to constitute a majority of the

surviving siblings;

f. The adult grandchild or the majority of the adult grandchildren of the decedent;

however, in the absence of actual knowledge to the contrary, a funeral director or

mortician may rely on instructions given by a grandchild who represents to be the

only grandchild reasonably available to control final disposition of the decedent's

remains or the grandchildren who represent to constitute a majority of

grandchildren reasonably available to control final disposition of the decedent's

remains;

g. The grandparent or the grandparents of the decedent, each having equal

authority;

h. The adult nieces and nephews of the decedent or a majority of the adult nieces

and nephews; however, in the absence of actual knowledge to the contrary, a

funeral director or mortician may rely on instructions given by a niece or nephew,

who represents to be the only niece or nephew reasonably available to control

final disposition of the decedent's remains or the nieces and nephews who

represent to constitute a majority of the nieces and nephews reasonably available

to control final disposition of the decedent's remains;

i. An individual who was acting as the guardian of the decedent with authority to

make health care decisions for the decedent at the time of death;

j. An adult who exhibited special care and concern for the decedent;

k. An individual respectively in the next degree of kinship in the order named by law

to inherit the estate of the decedent; or

l. The appropriate public or court authority, as required by law. For purposes of this

subdivision, the appropriate public or court authority includes the human service

zone of the county in which the death occurred if the individual dies without

apparent financial means to provide for final disposition or the district court in the

county in which the death occurred. If the duty of final disposition devolves to this

level, the appropriate public or court authority may direct final disposition to a

mortician or funeral director after the coroner notifies the appropriate public or

court authority in writing that no individuals identified in subdivisions a through k

have accepted the duty of final disposition. A person identified under this

subdivision who exercises the duty of final disposition of the body of a deceased

individual is immune from civil liability for any act or omission arising out of the

duty of final disposition.

2. If there is only one individual in a degree of relationship to the decedent described in

subsection 1, and a district court determines the person and the decedent were

estranged at the time of death, the right to control and the duty of disposition devolves

to the next degree of relationship under subsection 1. For purposes of this subsection,

"estranged" means having a relationship characterized by mutual enmity, hostility, or

indifference.

3. If an individual to whom the right to control and duty of disposition devolves under

subsection 1, refuses to accept or declines to act upon the right or duty, that right and

duty passes as follows:

a. To another individual with the same degree of relationship to the decedent as the

individual refusing to accept or declining to act; or

b. To the individual in the next degree of relationship to the decedent under

subsection 1.

4. If a dispute exists regarding the right to control or duty of final disposition, the parties in

dispute or the mortician or funeral director may file a petition in the district court in the

county of residence of the decedent requesting the court make a determination in the

matter. If the right to control and duty of final disposition devolves to more than one

individual with the same degree of relationship to the decedent and those individuals

do not, by majority vote, make a decision regarding arrangements and final disposition

and a district court has been petitioned to make a determination, the court shall

consider the following factors in making a determination:

a. The reasonableness, practicality, and resources available for payment of the

proposed arrangements and final disposition;

b. The degree of the personal relationship between the decedent and each of the

individuals in the same degree of relationship to the decedent;

c. The expressed wishes and directions of the decedent and the extent to which the

decedent provided resources for the purpose of carrying out the wishes or

directions; and

d. The degree to which the arrangements and final disposition will allow for

participation by all who wish to pay respect to the decedent.

5. If the individual who has the duty of final disposition does not arrange for final

disposition of the body within the time required by this chapter, the individual next

specified shall arrange for final disposition of the body within the requirements of this

chapter.

6. a. If the deceased did not leave sufficient means to pay for expenses of final

disposition, and is not survived by an individual described by subsection 1 and

identified for financial responsibility within the human service zone's general

assistance policy, within seven days of application for services the human service

zone of the county in which the deceased had residence for general assistance

purposes or, if residence cannot be established, within seven days of application

for assistance the human service zone of the county in which the death occurs

shall employ a person to arrange for and supervise the final disposition. If the

deceased was a resident or inmate of a public institution, within seven days of

application for assistance the human service zone in which the deceased was a

resident for general assistance purposes immediately before entering the

institution shall employ a person to arrange for and supervise the final disposition.

b. The reimbursement for expenses of final disposition under this subsection is

three thousand five hundred dollars.

c. The department of health and human services may provide for the use of a

military urn, if the deceased was a veteran as defined in section 37-01-40, unless

the additional cost exceeds the reimbursement rate under this subsection or a

surviving spouse or the nearest of kin of the deceased elects a nonmilitary urn.

d. The human service zone shall pay the charge for final disposition of an individual

who is indigent as provided under this section. The human service zone shall

create a process to review and accommodate a request for burial due to religious

beliefs. If the deceased is eligible for indigent final disposition, the human service

zone may not decrease the human service zone payment due to a nominal

amount left by the deceased or contributed by a spouse, parent, adult children, or

any other party to defray the expenses of final disposition. Funds adequate to

allow for burial instead of cremation are considered nominal under this section.

e. Except for burial conducted under subdivision d, final disposition must be

conducted by cremation.

f. The department of health and human services and human service zones shall

maintain a standardized eligibility policy and application form to be used for the

purposes of indigent final disposition application.

7. If the individual with the duty of final disposition under this section, or the personal

representative of the decedent's estate, if any, is aware of the decedent's instructions

regarding the disposition of the remains, that person shall honor those instructions, to

the extent reasonable and possible, to the extent the instructions do not impose an

economic or emotional hardship. A decedent's instructions may be reflected in a

variety of methods, including pre-need funeral arrangements a deceased articulated

and funded in a pre-need funeral service contract, a health care directive, a durable

power of attorney for health care, a power of attorney, a will, a document created

under section 23-06-31, or a document of gift for an anatomical gift.

8. If the decedent died while serving in any branch of the United States armed forces, the

United States reserve forces, or the national guard, as provided by 10 U.S.C. 1481

section (a)(1) through (8) as effective through December 2001, and completed a

United States department of defense record of emergency data, DD form 93, or its

successor form or its equivalent branch's form, the duty to bury or cremate the

decedent or to provide other funeral and disposition arrangements for the decedent

devolves on the person authorized by the decedent pursuant to that form.

9. A funeral director or mortician has complete authority to control the final disposition

and to proceed under this chapter to recover reasonable charges for the final

disposition if:

a. The funeral director or mortician has actual knowledge none of the individuals

described in subsection 1 exist, can be found after reasonable inquiry, or can be

contacted by reasonable means; and

b. Within thirty-six hours after having been given written notice of the facts, the

appropriate court or public authority fails to assume responsibility for disposition

of the remains. Written notice may be delivered by hand, United States mail, or

facsimile transmission.
N.D. Cent. Code § 23-07-10 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-10
23-07-10. Preventing infant blindness - Duty of physician or midwife
Status: in_force

23-07-10. Preventing infant blindness - Duty of physician or midwife

All physicians, midwives, or other persons in professional attendance upon a birth always

shall examine the eyes of the infant carefully. If there is the least reason to suspect the

presence of a disease of the eyes, such person shall apply such prophylactic treatment as may

be recognized as efficient in medical science.
N.D. Cent. Code § 23-30-07 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-07
23-30-07. Tax levy authorized - Financial report
Status: in_force

23-30-07. Tax levy authorized - Financial report

The board of directors shall annually estimate the probable expense for operating the

hospital district. The estimate must be certified by the president and secretary to the proper

county auditor or county auditors, on or before June thirtieth of each year. In the year for which

the levy is sought, the board of directors of a hospital district seeking approval of a property tax

levy under this chapter must file with the county auditor of each county within the hospital

district, at a time and in a format prescribed by the county auditors, a financial report for the

preceding calendar year showing the ending balances of each fund held by the hospital district

during that year. The auditor or auditors may levy a tax not exceeding the limitation in section

57-15-26.4 for the maintenance of the district for the fiscal year as provided by law. The tax

must be:

1. Collected as other taxes are collected in the county.

2. Turned over to the secretary-treasurer of the district, who must have a surety bond set

by the board of directors in the amount of at least five thousand dollars.

3. Placed to the credit of the district authorizing it by its secretary-treasurer in a state or

national bank qualifying as a public depository.

4. Paid out upon warrants drawn upon the fund by authority of the board of directors of

the district, bearing the signature of the secretary-treasurer and the countersignature

of the president of the district.

The amount of the tax levy may not exceed the amount of funds required to defray the

expenses of the district for a period of one year as embraced in the annual estimate of expense

including the amount of principal and interest upon the indebtedness of the district for the

ensuing year.

Voter-approved levy authority under this section or section 23-18-01 authorized by electors

of a county before January 1, 2015, remains in effect through taxable year 2024 or for the time

period authorized by the electors, whichever expires first. After January 1, 2015, approval or

reauthorization by electors of voter-approved levy authority under this section may not be

effective for more than ten taxable years.
N.D. Cent. Code § 23-01-03.2 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-03.2
23-01-03.2. Duties of the health council
Status: repealed

23-01-03.2. Duties of the health council

Repealed by S.L. 2017, ch. 184, § 1.
N.D. Cent. Code § 23-09.3-05.1 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-05.1
23-09.3-05.1. Application for license - License fee
Status: in_force

23-09.3-05.1. Application for license - License fee

Applicants for a license shall file applications under oath with the department upon forms

prescribed. An application for a license for facilities not owned by the state or its political

subdivisions must be accompanied by a fee of ten dollars per bed. License fees collected

pursuant to this section must be deposited in the department operating fund in the state treasury

and any expenditure from the fund is subject to appropriation by the legislative assembly.
N.D. Cent. Code § 23-09-21 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-21
23-09-21. Penalty - General
Status: in_force

23-09-21. Penalty - General

Any person operating a food establishment, lodging establishment, or assisted living facility

in this state, or letting a building used for such business, without first having complied with this

chapter, is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-28-03 — ND Code / Title 23 / Chapter 23-28 / Section 23-28-03
23-28-03. Duty of law enforcement officer
Status: in_force

23-28-03. Duty of law enforcement officer

1. A law enforcement officer shall make a diligent effort to determine whether any

disabled person the officer finds is an epileptic or a diabetic, or suffers from some

other type of illness that would cause the condition. Whenever feasible, this effort must

be made before the person is charged with a crime or taken to a place of detention.

2. In seeking to determine whether a disabled person suffers from an illness, a law

enforcement officer shall make a reasonable search for an identifying device and an

identification card of the type described in subsection 2 of section 23-28-02 and

examine them for emergency information. The law enforcement officer may not search

for an identifying device or an identification card in a manner or to an extent that would

appear to a reasonable person in the circumstances to cause an unreasonable risk of

worsening the disabled person's condition.

3. A law enforcement officer who finds a disabled person without an identifying device or

identification card is not relieved of the officer's duty to that person to make a diligent

effort to ascertain the existence of any illness causing the disabled condition.

4. A claim for relief against a law enforcement officer does not arise from the officer

making a reasonable search of the 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.

5. A law enforcement officer who determines or has reason to believe that a disabled

person is suffering from an illness causing the disabled person's condition shall

promptly notify the person's physician, if practicable. If the officer is unable to ascertain

the physician's identity or to communicate with the physician, the officer shall make a

reasonable effort to cause the disabled person to be transported immediately to a

medical practitioner or to a facility where medical treatment is available. If the officer

believes it unduly dangerous to move the disabled person, the officer shall make a

reasonable effort to obtain the assistance of a medical practitioner.
N.D. Cent. Code § 23-01-13 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-13
23-01-13. Blood plasma - Obtaining, storing, and distributing
Status: repealed

23-01-13. Blood plasma - Obtaining, storing, and distributing

Repealed by S.L. 1991, ch. 263, § 1.
N.D. Cent. Code § 23-11-31 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-31
23-11-31. Houses for workers in national defense and veterans
Status: in_force

23-11-31. Houses for workers in national defense and veterans

Any housing authority may undertake the development and administration of projects to

assure the availability of safe and sanitary dwellings for persons engaged in national defense

activities who, as determined by the housing authority, would not otherwise be able to secure

safe and sanitary dwellings within the vicinity thereof. In the ownership, development, or

administration of such projects, a housing authority has all the rights, powers, privileges, and

immunities that such authority has under any provisions of law relating to the ownership,

development, or administration of slum clearance and housing projects for persons of low

income. The authority shall exercise such rights, powers, and privileges as though all the

provisions of law applicable to slum clearance and housing projects for persons of low income

were applicable to projects developed or administered to assure the availability of safe and

sanitary dwellings for persons engaged in national defense activities as provided in this section.

Housing projects developed or administered hereunder constitute housing projects under the

provisions of this chapter. When a housing authority finds that within its area of operation, or any

part thereof, there is an acute shortage of safe and sanitary dwellings which impedes the

national defense program or the general welfare of veterans and that necessary and safe and

sanitary dwellings would not otherwise be provided when needed for such persons, any project

developed or administered by such housing authority or by any housing authority cooperating

with such authority pursuant to this section, with the financial aid of the federal government or

as agent for the federal government as hereinafter provided, is not subject to the limitations

provided in sections 23-11-13 and 23-11-14. Any such finding must be conclusive in any suit,

action, or other proceeding. A housing authority may make payments in such amounts as it finds

necessary or desirable for any services, facilities, works, privileges, or improvements furnished

for or in connection with any such projects. After the national defense period any such projects

owned and administered by a housing authority must be administered in accordance with the

preceding sections of this chapter except veterans are not subject to the limitations in section

23-11-14.
N.D. Cent. Code § 23-09.3-09 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-09
23-09.3-09. Authority to adopt rules
Status: repealed

23-09.3-09. Authority to adopt rules

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

chapter. Rules adopted by agencies prior to January 1, 1990, which relate to functions or

agencies covered by this chapter, remain in effect until they are specifically amended or

repealed by the department.
N.D. Cent. Code § 23-12-19 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-19
23-12-19. Voluntary participation in the health information organization - Prohibition on withholding care or benefits
Status: in_force

23-12-19. Voluntary participation in the health information organization - Prohibition

on withholding care or benefits.

1. As used in this section:

a. "Health information organization" means the health information exchange created

under chapter 54-59.

b. "Individually identifiable health information" has the meaning set forth in title 45,

Code of Federal Regulations, section 160.103.

2. An individual may opt-out of participating in the health information organization by

providing notice to the organization. If an individual chooses to opt-out of participating

in the health information organization, the individual's individually identifiable health

information may not be accessed by search by a health insurer, government health

plan, or health care provider other than the provider who originally created or ordered

the creation of the individually identifiable health information.

3. In opting out of participating in the health information organization under this section,

the individual must have the option of:

a. Opting out of participating; or

b. Conditionally opting out, in which case the accessibility of the individual's

individually identifiable health information is limited to access by a health care

provider who determines access is required by a medical emergency.

4. An individual's decision to opt-out of participating in the health information

organization:

a. May be changed at any time by the individual by providing written notice to the

health information organization.

b. Does not prohibit use or disclosure of individually identifiable health information

which is required by law.

5. A health care provider, health insurer, or government health plan may not withhold

coverage or care from an individual nor may a health insurer deny an individual a

health insurance benefit plan based solely on that individual's choice to participate or

to opt-out of the health information organization.
N.D. Cent. Code § 23-17.4-04 — ND Code / Title 23 / Chapter 23-17.4 / Section 23-17.4-04
23-17.4-04. Application for license
Status: in_force

23-17.4-04. Application for license

An application for issuance or renewal of a hospice program license must be made to the

department upon forms provided by the department. The application must contain information

reasonably required by the department. The application must be accompanied by:

1. The hospice service plan which must include:

a. Identification of the persons administratively responsible for the program, and any

affiliation of the persons with a licensed home health agency, hospital, skilled

nursing home, intermediate care facility, or other health care provider.

b. The estimated average monthly patient census.

c. The proposed geographic area the hospice program will serve.

d. A listing of hospice services provided directly by the hospice, and hospice

services provided indirectly through a contractual agreement.

e. The name and qualifications of persons or entities under contract to provide

indirect hospice services.

f. The name and qualifications of persons providing direct hospice services, with

the exception of volunteers.

g. A description of how the hospice program plans to use volunteers in the provision

of hospice services.

h. A description of the hospice program's recordkeeping system.

2. A financial statement containing information determined to be appropriate by the

department.

3. A uniform license fee determined by the department.
N.D. Cent. Code § 23-21-09 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-09
23-21-09. Mailing to plot owners
Status: in_force

23-21-09. Mailing to plot owners

A copy of the notice must be mailed to every person who owns, holds, or has the right of

interment in any plot in the cemetery or part affected, whose name appears upon the records of

the cemetery. The notice must be addressed to the last-known post-office address of the plot

owner as it appears from the records of the cemetery, and if that person's address does not

appear or is not known, then to that person at the city, or city and county, in which the cemetery

land is situated. If such persons who own, hold, or have a right of interment in any plot of the

cemetery or part affected are unknown or cannot be located, the publication of the notice of

declaration of intent to disinter provided for in section 23-21-06 must be deemed to be proper

and sufficient notice to such persons.
N.D. Cent. Code § 23-27-04.4 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.4
23-27-04.4. Supervision of emergency medical services professionals - Scope of practice
Status: in_force

23-27-04.4. Supervision of emergency medical services professionals - Scope of

practice.

Emergency medical services professionals who are employed by a hospital may provide

patient care within a scope of practice established by the department. Under this section, these

emergency medical services professionals must be supervised by a hospital designated

physician, physician assistant, advanced practice registered nurse, or registered nurse.
N.D. Cent. Code § 23-13-04 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-04
23-13-04. Doors of public buildings - Construction
Status: in_force

23-13-04. Doors of public buildings - Construction

All doors of ingress and egress in all schoolhouses and churches within the limits of any city

and in all other buildings used for public assemblages of any character in this state, including

theaters, public halls, city halls, courthouses, factories, hotels, and all other public buildings

wherein numbers of persons are employed or are in the habit of meeting together for any

purpose, must be so constructed as to conform with the requirements of the state building code

as provided in chapter 54-21.3 and the Americans with Disabilities Act Accessibility Guidelines

for Buildings and Facilities as contained in the appendix to title 28, Code of Federal Regulations,

part 36 [28 CFR 36].
N.D. Cent. Code § 23-35.1-05 — ND Code / Title 23 / Chapter 23-35.1 / Section 23-35.1-05
23-35.1-05. Compensation - Reimbursement - Extraordinary service
Status: in_force

23-35.1-05. Compensation - Reimbursement - Extraordinary service

The board of a regional public health network may provide compensation and

reimbursement to any board member who, at the direction of the board, performs extraordinary

service on behalf of the board. For purposes of this section, "extraordinary service" means

duties beyond those reasonably expected of members of the board and includes travel to and

attendance at national meetings or conventions.
N.D. Cent. Code § 23-01-11 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-11
23-01-11. Acceptance of funds and right to qualify for benefits under federal laws authorized
Status: in_force

23-01-11. Acceptance of funds and right to qualify for benefits under federal laws

authorized.

The department of health and human services may:

1. Accept funds from cities, counties, the federal government, private organizations, and

individuals for infancy and maternal hygiene, for other public health work and for the

purpose of conducting a survey of existing medical hospitals and related institutions,

planning of needed hospital construction and for construction and maintenance of

such medical hospitals and related institutions. When approved by the governor of this

state, the department of health and human services may match the same from any

unexpended portion of its appropriation in accordance with specifications agreed to or

required by congressional act. All infancy and maternal hygiene and public health work

must be done under the supervision of the department of health and human services.

2. Adopt rules necessary to enable the state to be in compliance with any federal laws in

order to qualify for any federal funds related to medical facilities or agencies licensed

by the department of health and human services.
N.D. Cent. Code § 23-09.3-03 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-03
23-09.3-03. Access to pharmacist
Status: repealed

23-09.3-03. Access to pharmacist

Repealed by S.L. 2001, ch. 432, § 7.
N.D. Cent. Code § 23-06.6-14 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-14
23-06.6-14. Coordination of procurement and use
Status: in_force

23-06.6-14. Coordination of procurement and use

Each hospital in this state shall enter into agreements or affiliations with procurement

organizations for coordination of procurement and use of anatomical gifts.
N.D. Cent. Code § 23-21-19 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-19
23-21-19. Proceeds of sale of land - Use
Status: in_force

23-21-19. Proceeds of sale of land - Use

Money payable or to become payable as the purchase price or on account of the purchase

price of unused cemetery lands, or lands from which all remains have been removed is not

subject to garnishment, attachment, or execution, but must be used exclusively for any or all of

the following purposes:

1. Acquisition of lands and improvements for cemetery purposes.

2. Disinterment, removal, and reinterment of bodies, pursuant to this chapter.

3. Endowment care of graves, markers, and cemetery embellishments.

4. The payment of expenses incidental to the disinterment, removal, and reinterment.

5. Any other purpose consistent with the objects for which the cemetery authority owning

the cemetery is created or organized.
N.D. Cent. Code § 23-21.1-08 — ND Code / Title 23 / Chapter 23-21.1 / Section 23-21.1-08
23-21.1-08. Unlawful acts - Denial of privilege of interment because of race or color
Status: in_force

23-21.1-08. Unlawful acts - Denial of privilege of interment because of race or color

It is unlawful for any organization subject to the provisions of this chapter to deny the

privilege of interment of the remains of any deceased person in any cemetery described in

section 23-21.1-01 solely because of the race or color of such deceased person. Any contract,

agreement, deed, covenant, restriction, or charter provision at any time entered into, or bylaw,

rule, or regulation adopted or put in force, either subsequent or prior to the effective date of this

chapter, authorizing, permitting, or requiring any organization subject to the provisions of this

chapter to deny such privilege of interment because of race or color of such deceased person is

hereby declared to be null and void and in conflict with the public policy of this state. No

organization subject to the provisions of this chapter or any director, officer, agent, employee, or

trustee thereof or therefor, shall be liable for damages or other relief, or be subject to any action

in any court otherwise having jurisdiction in the premises by reason of refusing to commit any

act declared unlawful herein.
N.D. Cent. Code § 23-10-10.1 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-10.1
23-10-10.1. Requirement of emergency response procedures
Status: in_force

23-10-10.1. Requirement of emergency response procedures

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

a procedure for responding to emergencies and complaints. The procedure must include the

ability to reach a person who has the authority to perform, or direct the performance of, duties

imposed on the owner under this chapter. The procedure must be posted conspicuously in the

mobile home park, recreational vehicle park, and campground or a copy must be provided to the

tenants in writing.
N.D. Cent. Code § 23-10-06.1 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-06.1
23-10-06.1. License renewal
Status: in_force

23-10-06.1. License renewal

1. A license issued under this chapter expires on December thirty-first of each year.

2. A license may be renewed by December thirty-first by submitting a renewal

application, a renewal fee established rule, provided the licensee is in compliance with

this chapter and any rules established by the department.

3. If the renewal application and renewal fee are not received by December thirty-first,

the license expires and the licensee may not operate.

4. Within sixty days after December thirty-first, an expired license may be renewed by

submitting the renewal application, renewal fee, and a late fee. The late fee is equal to

fifty percent of the license fee.

5. If the renewal application, renewal fee, and late fee are not received within sixty days

after December thirty-first, the department may not renew the license, and the

applicant shall apply and meet the requirements for licensure to be granted a license.

6. The department may extend the renewal deadline for applications providing proof of

hardship rendering the applicant unable to meet the deadline.

7. The department may not renew a license if the mobile home park, recreational vehicle

park, or campground is not actively conducting business at the site, and the applicant

shall apply and meet the requirements for licensure to be granted a license.
N.D. Cent. Code § 23-09.3-06 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-06
23-09.3-06. Injunction
Status: in_force

23-09.3-06. Injunction

The department may apply to the district court of the county in which the basic care facility

is located for, and the court has jurisdiction upon hearing and for cause shown to grant, a

temporary or permanent injunction restraining any person from establishing, conducting,

managing, or operating any basic care facility without obtaining a license under this chapter.
N.D. Cent. Code § 23-27.1-12 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-12
23-27.1-12. Rulemaking
Status: in_force

23-27.1-12. Rulemaking

1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules and amendments are binding

as of the date specified in each rule or amendment.

2. If a majority of the legislatures of the member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact, then such rule

has no further force and effect in any member state.

3. Rules or amendments to the rules must be adopted at a regular or special meeting of

the commission.

4. Prior to promulgation and adoption of a final rule or rules by the commission, and at

least sixty days in advance of the meeting at which the rule will be considered and

voted upon, the commission shall file a notice of proposed rulemaking:

a. On the website of the commission; and

b. On the website of each member state emergency medical services authority or

the publication in which each state would otherwise publish proposed rules.

5. The notice of proposed rulemaking must include:

a. The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

b. The text of the proposed rule or amendment and the reason for the proposed

rule;

c. A request for comments on the proposed rule from any interested person; and

d. The manner in which interested persons may submit notice to the commission of

their intention to attend the public hearing and any written comments.

6. Prior to adoption of a proposed rule, the commission shall allow persons to submit

written data, facts, opinions, and arguments, which must be made available to the

public.

7. The commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

a. At least twenty-five persons;

b. A governmental subdivision or agency; or

c. An association having at least twenty-five members.

8. If a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing.

a. All persons wishing to be heard at the hearing shall notify the executive director

of the commission or other designated member in writing of their desire to appear

and testify at the hearing not less than five business days before the scheduled

date of the hearing.

b. Hearings must be conducted in a manner providing each person who wishes to

comment a fair and reasonable opportunity to comment orally or in writing.

c. No transcript of the hearing is required, unless a written request for a transcript is

made, in which case the person requesting the transcript shall bear the cost of

producing the transcript. A recording may be made in lieu of a transcript under the

same terms and conditions as a transcript. This section does not preclude the

commission from making a transcript or recording of the hearing if it so chooses.

d. Nothing in this section may be construed as requiring a separate hearing on each

rule. Rules may be grouped for the convenience of the commission at hearings

required by this section.

9. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the commission shall consider all written and

oral comments received.

10. The commission shall, by majority vote of all members, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the

rulemaking record and the full text of the rule.

11. If no written notice of intent to attend the public hearing by interested parties is

received, the commission may proceed with promulgation of the proposed rule without

a public hearing.

12. Upon determination that an emergency exists, the commission may consider and

adopt an emergency rule without prior notice, opportunity for comment, or hearing,

provided the usual rulemaking procedures provided in the compact and in this section

are retroactively applied to the rule as soon as reasonably possible, in no event later

than ninety days after the effective date of the rule. For the purposes of this provision,

an emergency rule is one that must be adopted immediately in order to:

a. Meet an imminent threat to public health, safety, or welfare;

b. Prevent a loss of commission or member state funds;

c. Meet a deadline for the promulgation of an administrative rule that is established

by federal law or rule; or

d. Protect public health and safety.

13. The commission or an authorized committee of the commission may direct revisions to

a previously adopted rule or amendment for purposes of correcting typographical

errors, errors in format, errors in consistency, or grammatical errors. Public notice of

any revisions must be posted on the website of the commission. The revision is

subject to challenge by any person for a period of thirty days after posting. The

revision may be challenged only on grounds that the revision results in a material

change to a rule. A challenge must be made in writing and delivered to the chair of the

commission before the end of the notice period. If a challenge is not made, the

revision will take effect without further action. If the revision is challenged, the revision

may not take effect without the approval of the commission.
N.D. Cent. Code § 23-09.2-01 — ND Code / Title 23 / Chapter 23-09.2 / Section 23-09.2-01
23-09.2-01. Definitions
Status: in_force

23-09.2-01. Definitions

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

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

2. "Food preparer" means any person who manufactures, processes, sells, handles, or

stores food and who is not required to obtain a license from the department under

chapter 19-02.1, 23-09, or 23-09.1.

3. Any term used in this chapter has the same meaning as when used in a comparable

context in chapters 19-02.1, 23-09, and 23-09.1.
N.D. Cent. Code § 23-02.1-14 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-14
23-02.1-14. Infants of unknown parentage - Foundling registration
Status: in_force

23-02.1-14. Infants of unknown parentage - Foundling registration

1. Whoever assumes custody of a living infant of unknown parentage shall report using

the electronic birth registration system or on a form and in the manner prescribed by

the state registrar within seven days to the state registrar the following information:

a. The date and place of finding.

b. Sex, color, or race, and approximate age of child and approximate date of birth.

c. Name and address of the persons or institution with whom the child has been

placed for care.

d. Name given to the child by the custodian.

e. Other data required by the state registrar.

2. The place where the child was found must be entered as the place of birth and the

date of birth must be determined by approximation.

3. A report registered under this section constitutes the birth record for the infant.

4. If the child is identified and a birth record is found or obtained, any report registered

under this section must be sealed and filed and may be opened only by order of a

court of competent jurisdiction or as provided by regulation.
N.D. Cent. Code § 23-01.3-08 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-08
23-01.3-08. Status of information in possession of a local public health authority
Status: in_force

23-01.3-08. Status of information in possession of a local public health authority

Any protected health information that is created or received by a local public health

authority, and that is submitted or is required to be submitted to the department of health and

human services' public health division, is confidential and subject to the protection of, and may

be disclosed only as authorized by, this chapter.
N.D. Cent. Code § 23-01-09.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-09.1
23-01-09.1. Duties of state toxicologist
Status: repealed

23-01-09.1. Duties of state toxicologist

Repealed by S.L. 2003, ch. 469, § 13.
N.D. Cent. Code § 23-27.1-14 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-14
23-27.1-14. Date of implementation of the interstate commission for emergency medical services personnel practice and associated rules, withdrawal, and amendment
Status: in_force

23-27.1-14. Date of implementation of the interstate commission for emergency

medical services personnel practice and associated rules, withdrawal, and amendment.

1. The compact becomes effective on the date on which the compact statute is enacted

into law in the tenth member state. The provisions, which become effective at that

time, are limited to the powers granted to the commission relating to assembly and the

promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking

powers necessary to the implementation and administration of the compact.

2. Any state that joins the compact subsequent to the commission's initial adoption of the

rules is subject to the rules as they exist on the date on which the compact becomes

law in that state. Any rule that has been previously adopted by the commission has the

full force and effect of law on the day the compact becomes law in that state.

3. Any member state may withdraw from this compact by enacting a statute repealing the

same.

a. A member state's withdrawal may not take effect until six months after enactment

of the repealing statute.

b. Withdrawal may not affect the continuing requirement of the withdrawing state's

emergency medical services authority to comply with the investigative and

adverse action reporting requirements of this act prior to the effective date of

withdrawal.

4. Nothing contained in this compact may be construed to invalidate or prevent any

emergency medical services personnel licensure agreement or other cooperative

arrangement between a member state and a nonmember state that does not conflict

with the provisions of this compact.

5. This compact may be amended by the member states. No amendment to this compact

may become effective and binding upon any member state until it is enacted into the

laws of all member states.
N.D. Cent. Code § 23-11-08 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-08
23-11-08. Employees of authority - Duty of city and state's attorney - Legal assistants
Status: in_force

23-11-08. Employees of authority - Duty of city and state's attorney - Legal assistants

The commissioners of an authority may employ a secretary who must be its executive

director, and such technical experts, and other officers, agents, and employees, permanent and

temporary, as it may require. The commissioners shall determine the qualifications of all

persons employed and their duties and compensation. For such legal service as may be

required, the commissioners may call upon the city attorney or the state's attorney, or they may

employ counsel or a legal staff for the authority.
N.D. Cent. Code § 23-07-02 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-02
23-07-02. Who to report reportable diseases
Status: in_force

23-07-02. Who to report reportable diseases

Except as otherwise provided by section 23-07-02.1, the following persons or their

designees shall report to the department of health and human services any reportable disease

coming to their knowledge:

1. All health care providers, including physicians, physician assistants, nurse

practitioners, nurses, dentists, medical examiners or coroners, pharmacists,

emergency medical service providers, and local health officers.

2. The director, principal manager, or chief executive officer of:

a. Health care institutions, including hospitals, medical centers, clinics, long-term

care facilities, assisted living facilities, or other institutional facilities;

b. Medical or diagnostic laboratories;

c. Blood bank collection or storage centers;

d. Public and private elementary and secondary schools;

e. Public and private universities and colleges;

f. Health or correctional institutions operated or regulated by municipal, county or

multicounty, state, or federal governments;

g. Funeral establishments and mortuaries; and

h. Child care facilities or camps.

3. The state veterinarian, if the disease may be transmitted directly or indirectly to or

between humans and animals.

4. A person having knowledge that a person or persons are suspected of having a

reportable disease may notify the department and provide all information known to the

person reporting concerning the reportable disease or condition of the person or

persons.

If the person reporting is the attending physician or the physician's designee, the physician or

the physician's designee shall report not less than twice a week, in the form and manner

directed by the department of health and human services, the condition of the person afflicted

and the state of the disease. A person making a report in good faith is immune from liability for

any damages which may be caused by that act.
N.D. Cent. Code § 23-16-03 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-03
23-16-03. Application for license - License fee
Status: in_force

23-16-03. Application for license - License fee

Applicants for license shall file applications under oath with the department of health and

human services upon forms prescribed. Applications must be signed by the owner, or in the

case of a corporation by two of its officers, or in the case of a county or municipal unit by the

head of the governmental department having jurisdiction over it. Applications must set forth the

full name and address of the owner of the institution for which license is sought, the names of

the persons in control thereof, and such additional information as the department of health and

human services may require, including affirmative evidence of ability to comply with such

minimum standards, rules, and regulations as may be lawfully prescribed pursuant to this

section. An application for a license for facilities not owned by the state or its political

subdivisions must be accompanied by the following fees:

1. For each licensed acute care bed, ten dollars.

2. For each licensed skill care bed, ten dollars.

License fees collected pursuant to this section must be deposited in the department of health

and human services services operating fund in the state treasury and any expenditure from the

fund is subject to appropriation by the legislative assembly.
N.D. Cent. Code § 23-07-20.1 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-20.1
23-07-20.1. Disclosure of records
Status: in_force

23-07-20.1. Disclosure of records

To protect the integrity of disease control records, to ensure their proper use, and to ensure

efficient and proper administration of the department's disease control function, it is unlawful for

any person to permit inspection of or to disclose information contained in disease control

records, including results of laboratory tests, or to copy or issue a copy of all or part of any such

record except as authorized by rules.
N.D. Cent. Code § 23-21-23 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-23
23-21-23. Interment of decedent in religious cemetery - Compliance with religious requirements in removing remains
Status: in_force

23-21-23. Interment of decedent in religious cemetery - Compliance with religious

requirements in removing remains.

The heirs, relatives, or friends of any decedent whose remains have been interred in any

cemetery owned, governed, or controlled by any religious corporation or by any church or

religious society of any denomination or by any corporation sole administering temporalities of

any religious denomination, society, or church, or owned, governed, or controlled by any person

or persons as trustee or trustees for any religious denomination, society, or church may not

disinter, remove, reinter, or dispose of any such remains except in accordance with the rules,

regulations, and discipline of such religious denomination, society, or church.

The officers, representatives, or agents of the church or religious society must be the sole

judge of the requirements of the rules, regulations, and discipline of such religious

denomination, society, or church.
N.D. Cent. Code § 23-10-14 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-14
23-10-14. Mobile home security deposit
Status: in_force

23-10-14. Mobile home security deposit

The amount of a security deposit may not be modified after the initial lease agreement

between a mobile home park owner and a tenant has been executed by both parties.
N.D. Cent. Code § 23-07.1-02 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-02
23-07.1-02. Care and treatment of tuberculosis patients or suspects provided without charge by state
Status: in_force

23-07.1-02. Care and treatment of tuberculosis patients or suspects provided without

charge by state.

Care and treatment provided by the state of North Dakota for persons suffering from

tuberculosis, including diagnosis, tests, studies, and analyses for the discovery of tuberculosis,

must be available without cost or charge to anyone who is suffering from tuberculosis or is

suspected of having tuberculosis. Any such person who volunteers to assume and pay for the

cost of such care and treatment or for the cost of such diagnosis, test, studies, or analyses must

be permitted to do so; but no state, county, or other public official may request or require such

payment or make or cause to be made any inquiry or investigation for the purpose of

determining the ability of such person or of the person's legally responsible relatives to pay

therefor. This section in no way bars freedom of the individual to seek treatment from a

physician or in an institution of the individual's choice at the individual's own expense.
N.D. Cent. Code § 23-15-06 — ND Code / Title 23 / Chapter 23-15 / Section 23-15-06
23-15-06. General penalty
Status: in_force

23-15-06. General penalty

Any person violating the provisions of this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-06.6-06 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-06
23-06.6-06. Refusal to make anatomical gift - Effect of refusal
Status: in_force

23-06.6-06. Refusal to make anatomical gift - Effect of refusal

1. An individual may refuse to make an anatomical gift of the individual's body or part by:

a. A record signed by:

(1) The individual; or

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

individual if the individual is physically unable to sign;

b. The individual's will regardless of whether the will is admitted to probate or

invalidated after the individual's death; or

c. Any form of communication made by the individual during the individual's terminal

illness or injury addressed to at least two adults, at least one of whom is a

disinterested witness.

2. A record signed pursuant to paragraph 2 of subdivision a of subsection 1 must:

a. Be witnessed by at least two adults, at least one of whom is a disinterested

witness, who have signed at the request of the individual; and

b. State that it has been signed and witnessed as provided in subdivision a.

3. An individual who has made a refusal may amend or revoke the refusal:

a. In the manner provided in subsection 1 for making a refusal;

b. By subsequently making an anatomical gift pursuant to section 23-06.6-04 which

is inconsistent with the refusal; or

c. By destroying or canceling the record evidencing the refusal, or the portion of the

record used to make the refusal, with the intent to revoke the refusal.

4. Except as otherwise provided in subsection 8 of section 23-06.6-07, in the absence of

an express, contrary indication by the individual set forth in the refusal, an individual's

unrevoked refusal to make an anatomical gift of the individual's body or part bars all

other persons from making an anatomical gift of the individual's body or part.
N.D. Cent. Code § 23-06.6-23 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-23
23-06.6-23. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

23-06.6-23. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global

and National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede

section 101(a) of that Act [15 U.S.C. 7001], or authorize electronic delivery of any of the notices

described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 23-10-09 — ND Code / Title 23 / Chapter 23-10 / Section 23-10-09
23-10-09. Occupancy record
Status: in_force

23-10-09. Occupancy record

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

shall maintain a current record of the names of the occupants of the park or campground.
N.D. Cent. Code § 23-15.1-07 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-07
23-15.1-07. Penalty
Status: in_force

23-15.1-07. Penalty

Any person who violates any provision of this chapter is guilty of an infraction.
N.D. Cent. Code § 23-07.6-05 — ND Code / Title 23 / Chapter 23-07.6 / Section 23-07.6-05
23-07.6-05. Court hearing
Status: in_force

23-07.6-05. Court hearing

A hearing must be held on a petition filed under subsection 2 of section 23-07.6-03 within

five days of filing the petition. For a good cause shown, the court may continue the hearing for

up to ten days. A respondent has the right to a court hearing in the district court serving the

county in which the respondent resides. A record of the proceedings pursuant to this section

must be made and retained. If parties cannot personally appear before the court due to risks of

contamination or the spread of disease, proceedings may be conducted by their authorized

representatives and be held via any means that allows all parties to fully participate. The

respondent has a right to counsel and if the respondent is indigent, the respondent has the right

to have counsel provided at public expense. The respondent, respondent's representative, or

respondent's counsel has the right to cross-examine witnesses testifying at the hearing. A

petition for a hearing does not stay a written directive ordering confinement. The court shall

determine by a preponderance of the evidence if the respondent is infected with a

communicable disease, if the respondent poses a substantial threat to the public health, and if

confinement is necessary and is the least restrictive alternative to protect or preserve the public

health. The court shall also determine whether to order the respondent to follow the state or

local health officer's directive for decontamination, treatment, or preventative measures if the

petition is granted. If the written directive was issued by a local health officer, the state health

officer has the right to be made a party to the proceedings.
N.D. Cent. Code § 23-01-42 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-42
23-01-42. Opioid antagonist prescription, distribution, possession, or use - Immunity from liability
Status: in_force

23-01-42. Opioid antagonist prescription, distribution, possession, or use - Immunity

from liability.

1. As used in this section:

a. "Health care professional" means a licensed or certified health care professional

who is working within the scope of practice for that profession. The term may

include a physician, physician assistant, advanced practice registered nurse, and

pharmacist acting in the professional's scope of practice.

b. "Opioid antagonist" means a drug:

(1) That is approved by the United States food and drug administration for the

treatment of a drug overdose and is recognized by the department of health

and human services for the treatment of a drug overdose; and

(2) That when administered negates or neutralizes, in whole or in part, the

pharmacological effects of an opioid in the body.

2. A health care professional acting in good faith may directly or by standing order

prescribe, distribute, or dispense an opioid antagonist.

3. An individual acting in good faith may administer an opioid antagonist to another

individual who the administering individual suspects is at risk of experiencing an opioid

overdose.

4. An individual may receive, possess, or administer an opioid antagonist under

subsection 3, regardless of whether the individual is the individual for or to whom the

opioid antagonist is prescribed, distributed, or dispensed.

5. An individual who prescribes, distributes, dispenses, receives, possesses, or

administers an opioid antagonist as authorized under this section is immune from civil

and criminal liability for such action. A health care professional who prescribes,

distributes, or dispenses an opioid antagonist as authorized under this section is not

subject to professional discipline for such action. This section does not expand the

scope of practice of a health care professional. Immunity from liability or discipline

under this subsection does not apply if the individual's actions constitute recklessness,

gross negligence, or intentional misconduct.
N.D. Cent. Code § 23-09-08 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-08
23-09-08. Bolts or locks to be supplied on doors of sleeping rooms
Status: in_force

23-09-08. Bolts or locks to be supplied on doors of sleeping rooms

The doors of all rooms used for sleeping purposes in any lodging establishment within this

state must be equipped with proper bolts or locks to permit the occupants of such rooms to lock

or bolt the doors securely from within the rooms. The locks or bolts must be constructed in a

manner that renders it impossible to unbolt or unlock the door from the outside with a key or

otherwise, or to remove the key therefrom from the outside, while the room is bolted or locked

from within. Any lodging establishment proprietor who fails to comply with this section is guilty of

a class B misdemeanor.
N.D. Cent. Code § 23-11-23 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-23
23-11-23. Bonds - Validity when officer who signs bond is no longer in office - Deemed issued for housing project
Status: in_force

23-11-23. Bonds - Validity when officer who signs bond is no longer in office -

Deemed issued for housing project.

If any of the commissioners or officers of an authority whose signatures appear on any

bonds or coupons cease to be a commissioner or officer before the delivery of the bonds, the

signatures are valid and sufficient for all purposes the same as if the commissioner or officer

had remained in office until the delivery had been completed. Any bonds issued under this

chapter must be fully negotiable. In an action, suit, or proceeding involving the validity or

enforceability of any bond of an authority or of the security for the bond, the bond must be

deemed conclusively to have been issued for a housing project if the bond recites that it has

been issued by the authority to aid in financing a housing project to provide dwelling

accommodations for persons of low or moderate income. The project is planned, located, and

constructed in accordance with this chapter if this statement is contained in the bond.
N.D. Cent. Code § 23-09-12 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-12
23-09-12. Certificate of inspection - When issued - Posting
Status: repealed

23-09-12. Certificate of inspection - When issued - Posting

Repealed by S.L. 1997, ch. 33, § 25.
N.D. Cent. Code § 23-17-02 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-02
23-17-02. Existing hospitals, institutions, to obtain licenses
Status: in_force

23-17-02. Existing hospitals, institutions, to obtain licenses

No person, partnership, association, corporation, or limited liability company may continue

to operate an existing chiropractic hospital, sanatorium, or related institution, or open a

chiropractic hospital, sanatorium, or related institution, after January 1, 1948, unless such

operation has been approved by the national council of chiropractic hospitals and sanatoriums,

and regularly licensed by the state board of chiropractic examiners as provided hereinafter.

Before a license may be issued under this chapter, the person applying shall submit evidence

satisfactory to the chiropractic board of examiners that the person is not less than eighteen

years of age and is of reputable and responsible character; in the event the applicant is an

association, limited liability company, or corporation, like evidence must be submitted as to the

members thereof and the persons in charge. All applicants shall, in addition, submit satisfactory

evidence of their ability to comply with the minimum standards of this chapter and all rules

adopted thereunder.
N.D. Cent. Code § 23-06-13 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-13
23-06-13. Dissection - When allowed
Status: in_force

23-06-13. Dissection - When allowed

The dead body of a human being may be dissected:

1. When the death occurs under circumstances in which a coroner is authorized by law to

hold an inquest upon the body, and a coroner authorizes such dissection for the

purposes of the inquest;

2. If the spouse, or one of the next of kin of a deceased individual, charged by law with

the duty of final disposition, authorizes such dissection for the purposes of ascertaining

the cause of death; or

3. When permission has been given therefor by deceased.
N.D. Cent. Code § 23-06.5-19 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-19
23-06.5-19. Health care record registry - Fees
Status: in_force

23-06.5-19. Health care record registry - Fees

1. As used in this section:

a. "Health care record" means a health care directive or a revocation of a health

care directive executed in accordance with this chapter.

b. "Registration form" means a form prescribed by the information technology

department to facilitate the filing of a health care record.

2. a. The information technology department may establish and maintain a health care

record registry, through which a health care record may be filed. The registry

must be accessible through a website maintained by the information technology

department.

b. An individual who is the subject of a health care record, or that individual's agent,

may submit to the information technology department for registration, using a

registration form, a health care record executed in accordance with this chapter.

3. Failure to register a health care record with the information technology department

under this section does not affect the validity of the health care record. Failure to notify

the information technology department of the revocation of a health care record filed

under this section does not affect the validity of a revocation that otherwise meets the

statutory requirements for revocation.

4. a. Upon receipt of a health care record and completed registration form, the

information technology department shall create a digital reproduction of the health

care record, enter the reproduced health care record into the health care record

registry database, and assign each registration a unique file number. The

information technology department is not required to review a health care record

to ensure the health care record complies with any particular statutory

requirements that may apply to the health care record.

b. The information technology department shall delete a health care record filed with

the registry under this section upon receipt of a revocation of the health care

record along with that document's file number.

c. The entry of a health care record under this section does not affect or otherwise

create a presumption regarding the validity of the health care record or the

accuracy of the information contained in the health care record.

5. a. The registry must be accessible by entering the file number and password on the

internet website. Registration forms, file numbers, and other information

maintained by the information technology department under this section are

confidential and the state may not disclose this information to any person other

than the subject of the document, or the subject's agent. A health care record

may be released to the subject of the document, the subject's agent, or the

subject's health care provider. The information technology department may not

use information contained in the registry except as provided under this chapter.

b. At the request of the subject of the health care record, or the subject's agent, the

information technology department may transmit the information received

regarding the health care record to the registry system of another jurisdiction as

identified by the requester.

c. This section does not require a health care provider to seek to access registry

information about whether a patient has executed a health care record that may

be registered under this section. A health care provider who makes good-faith

health care decisions in reliance on the provisions of an apparently genuine

health care record received from the registry is immune from criminal and civil

liability to the same extent and under the same conditions as prescribed in

section 23-06.5-12. This section does not affect the duty of a health care provider

to provide information to a patient regarding health care directives as may be

required under federal law.

6. The information technology department may charge and collect a reasonable fee for

filing a health care record and a revocation of a health care record.
N.D. Cent. Code § 23-12-13 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-13
23-12-13. Individuals authorized to provide informed consent to health care for incapacitated patients and minors - Priority
Status: in_force

23-12-13. Individuals authorized to provide informed consent to health care for

incapacitated patients and minors - Priority.

1. For purposes of this section:

a. "Incapacitated patient" means an adult unable to understand and appreciate the

nature and consequence of a health care decision, including the benefits, harms,

and reasonable alternatives to proposed health care, and unable to communicate

a health care decision, as certified by the patient's attending physician,

psychiatrist, or psychologist and filed in the patient's medical record.

b. "Minor" means an individual under eighteen years of age.

2. Unless a court of competent jurisdiction determines otherwise, individuals in the

following classes and in the following order of priority may provide informed consent to

health care on behalf of an incapacitated patient:

a. A health care agent appointed through a health care directive under chapter

23-06.5 or a similar instrument executed in another jurisdiction in accordance with

the law in that jurisdiction;

b. An appointed guardian or custodian of the patient under chapter 30.1-28 or a

similar instrument executed in another jurisdiction in accordance with the law in

that jurisdiction;

c. A spouse of the patient who has maintained significant contact with the patient;

d. A child of the patient who is at least eighteen years of age and who has

maintained significant contact with the patient;

e. A parent of the patient, including a stepparent who has maintained significant

contact with the patient;

f. An adult sibling of the patient who has maintained significant contact with the

patient;

g. A grandparent of the patient who has maintained significant contact with the

patient;

h. A grandchild of the patient who is at least eighteen years of age and who has

maintained significant contact with the patient;

i. A close relative or friend of the patient who is at least eighteen years of age and

who has maintained significant contact with the patient; or

j. An interdisciplinary team consisting of at least three health care professionals.

(1) An interdisciplinary team may include an employee or agent of a health care

provider treating an incapacitated patient, including a member of the ethics

committee, provided a member of the team is not directly involved with the

treatment of the incapacitated patient.

(2) If consent is provided under this subdivision, a health care provider shall

continue good-faith efforts to identify and locate an individual in a preceding

level of priority.

3. Unless otherwise determined by court order, a parent may make health care decisions

for the parent's minor child. Individuals in the following classes and in the following

order of priority may provide informed consent to health care on behalf of a minor

patient if a parent is unable to provide informed consent:

a. A guardian acting under a court order specifically authorizing the guardian to

make health care decisions for the minor;

b. An appointed guardian or custodian of the minor;

c. A noncustodial parent of the minor, including a stepparent who has maintained

significant contact with the patient;

d. An adult sibling of the minor who has maintained significant contact with the

minor;

e. A grandparent of the minor who has maintained significant contact with the minor;

f. A close relative or friend of the minor who is at least eighteen years of age and

who has maintained significant contact with the minor; or

g. An interdisciplinary team consisting of at least three health care professionals.

(1) An interdisciplinary team may include an employee or agent of a health care

provider treating a minor, including a member of the ethics committee,

provided a member of the team is not directly involved with the treatment of

the minor.

(2) If consent is provided under this subdivision, a health care provider shall

continue good-faith efforts to identify and locate an individual in a preceding

level of priority.

4. A health care provider seeking informed consent for proposed health care for an

incapacitated patient or a minor who is unable to consent must make reasonable

efforts to locate and secure authorization for the health care from a competent

individual in the first or succeeding class identified in subsection 2 for an incapacitated

patient or subsection 3 for a minor. If the health care provider is unable to locate such

individual, authorization may be given by any individual in the next class in the order of

descending priority. An individual identified in subsection 2 for an incapacitated patient

or subsection 3 for a minor may not provide informed consent to health care if an

individual of higher priority has refused to give such authorization.

5. Before any individual authorized to provide informed consent under this section

exercises that authority, the individual must first determine in good faith that the

patient, if not incapacitated, would consent to the proposed health care. If such a

determination cannot be made, the decision to consent to the proposed health care

may be made only after determining that the proposed health care is in the patient's

best interests.

6. An individual authorized to provide informed consent in accordance with this section

may not provide consent for sterilization, abortion, or psychosurgery or for admission

to a state mental health facility for a period of more than forty-five days without a

mental health proceeding or other court order.

7. If a patient who is determined by a physician, psychiatrist, or psychologist to be an

incapacitated patient, or an individual interested in the patient's welfare, objects to a

determination of incapacity made in accordance with this section, a court hearing

pursuant to chapter 30.1-28 must be held to determine the issue of incapacity.
N.D. Cent. Code § 23-11-26 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-26
23-11-26. Rights and remedies of an obligee of authority
Status: in_force

23-11-26. Rights and remedies of an obligee of authority

An obligee of an authority, in addition to all other rights which may be conferred on such

obligee, and subject only to any contractual restrictions binding upon such obligee, may:

1. By mandamus, suit, action, or proceeding at law or in equity, compel the authority and

the commissioners, officers, agents, or employees thereof, to perform each and every

term, provision, and covenant contained in any contract of the authority with or for the

benefit of such obligee, and require the carrying out of any or all such covenants and

agreements of said authority and the fulfillment of all duties imposed upon said

authority by this chapter.

2. By suit, action, or proceeding in equity, enjoin any act or thing which may be unlawful

or in violation of any of the rights of such obligee of the authority.
N.D. Cent. Code § 23-07.5-05 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-05
23-07.5-05. Confidentiality of test results
Status: repealed

23-07.5-05. Confidentiality of test results

Repealed by S.L. 2003, ch. 211, § 27.
N.D. Cent. Code § 23-34-06 — ND Code / Title 23 / Chapter 23-34 / Section 23-34-06
23-34-06. Limitation of liability
Status: in_force

23-34-06. Limitation of liability

1. A person furnishing peer review records to a peer review organization with respect to

any patient examined or treated by a health care provider is not, by reason of

furnishing the records, liable in damages to any person or for willful violation of a

privileged communication.

2. A health care organization, health care provider, or member of a peer review

organization is not liable in damages to any person for any action taken or

recommendation made regarding a professional peer review, if the health care

organization, health care provider, or member of the peer review organization acts

without malice and in the reasonable belief that the action or recommendation is

warranted by the facts known to the health care organization, health care provider, or

member of the peer review organization.
N.D. Cent. Code § 23-06.5-03 — ND Code / Title 23 / Chapter 23-06.5 / Section 23-06.5-03
23-06.5-03. Health care directive
Status: in_force

23-06.5-03. Health care directive

1. A principal may execute a health care directive. A health care directive may include

one or more health care instructions to health care providers, others assisting with

health care, family members, and a health care agent. A health care directive may

include a power of attorney to appoint an agent to make health care decisions for the

principal when the principal lacks the capacity to make health care decisions, unless

otherwise specified in the health care directive. Subject to the provisions of this

chapter and any express limitations set forth by the principal in the health care

directive, the agent has the authority to make any and all health care decisions on the

principal's behalf that the principal could make.

2. After consultation with the attending physician and other health care providers, the

agent shall make health care decisions:

a. In accordance with the agent's knowledge of the principal's wishes and religious

or moral beliefs, as stated orally, or as contained in the principal's health care

directive; or

b. If the principal's wishes are unknown, in accordance with the agent's assessment

of the principal's best interests. In determining the principal's best interests, the

agent shall consider the principal's personal values to the extent known to the

agent.

3. A health care directive, including the agent's authority, is in effect only when the

principal lacks capacity to make health care decisions, as certified in writing by the

principal's attending physician, psychiatrist, or psychologist and filed in the principal's

medical record, and ceases to be effective upon a determination that the principal has

recovered capacity.

4. Notwithstanding subsection 3, the principal may authorize in a health care directive

that the agent make health care decisions for the principal even though the principal

retains capacity to make health care decisions. In that case, the health care directive is

in effect as stated in the health care directive under any conditions the principal may

impose. The principal's authorization under this subsection may be revoked in the

same manner as a health care directive may be revoked under section 23-06.5-07.

5. The principal's attending physician shall make reasonable efforts to inform the

principal of any proposed treatment, or of any proposal to withdraw or withhold

treatment.

6. Nothing in this chapter permits an agent to consent to admission to a mental health

facility or state institution for a period of more than forty-five days without a mental

health proceeding or other court order, or to psychosurgery, abortion, or sterilization,

unless the procedure is first approved by court order.
N.D. Cent. Code § 23-01-26 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-26
23-01-26. Department - Indirect cost recoveries
Status: in_force

23-01-26. Department - Indirect cost recoveries

Notwithstanding section 54-44.1-15, the department of health and human services may

deposit indirect cost recoveries in its operating account.
N.D. Cent. Code § 23-12-10 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-10
23-12-10. Smoking restrictions - Exceptions - Retaliation - Application
Status: in_force

23-12-10. Smoking restrictions - Exceptions - Retaliation - Application

1. In order to protect the public health and welfare and to recognize the need for

individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of:

a. Public places; and

b. Places of employment.

2. Smoking is prohibited within twenty feet [6.10 meters] of entrances, exits, operable

windows, air intakes, and ventilation systems of enclosed areas in which smoking is

prohibited. Owners, operators, managers, employers, or other persons who own or

control a public place or place of employment may seek to rebut the presumption that

twenty feet [6.10 meters] is a reasonable minimum distance by making application to

the director of the local health department or district in which the public place or place

of employment is located. The presumption will be rebutted if the applicant can show

by clear and convincing evidence that, given the unique circumstances presented by

the location of entrances, exits, windows that open, ventilation intakes, or other

factors, smoke will not infiltrate or reach the entrances, exits, open windows, or

ventilation intakes or enter into such public place or place of employment and,

therefore, the public health and safety will be adequately protected by a lesser

distance.

3. The following areas are exempt from subsections 1 and 2:

a. Private residences, except those residences used as a child care, adult day care,

or health care facility subject to licensure by the department of health and human

services.

b. Outdoor areas of places of employment, except those listed in subsection 2.

c. Any area that is not commonly accessible to the public and which is part of an

owner-operated business having no employee other than the owner-operator.

d. A cigar lounge that permits the smoking of cigars and pipe tobacco purchased on

the premises, but may not permit the smoking of any other product on the

premises.

(1) An applicant for a certificate to operate a cigar lounge shall report to the

tax commissioner, on a form prescribed by the commissioner, that the

premises in which the cigar lounge will be operated has a humidor; is

enclosed by solid walls or windows, a ceiling, and a solid door; and is

equipped with a ventilation system by which exhausted air is not recirculated

to nonsmoking areas and smoke is not backstreamed into nonsmoking

areas. The commissioner may not require an applicant to report information

regarding income from the sale of cigars and pipe tobacco in an initial

application. Upon receipt of a report asserting compliance with this

paragraph, the commissioner shall issue the applicant a certificate to

operate a cigar lounge.

(2) A cigar lounge asserting the lounge meets the requirements of paragraph 1

shall report to the tax commissioner before February first of each year

following a full calendar year of operation, on a form prescribed by the

commissioner, the revenue from the previous calendar year generated from

the sale of cigars and pipe tobacco as a percentage of annual gross income

from receipts or sales. Upon receipt of a report asserting the cigar lounge

generates fifteen percent or more of the business's annual gross income

from receipts or sales from the sale of cigars and pipe tobacco, the

commissioner shall renew the annual certificate. The commissioner is not

required to confirm the accuracy of information reported but may not renew

a certificate absent supporting documentation from the lounge.

(3) Information reported to the commissioner under this subdivision is subject to

the confidentiality provisions of section 57-39.2-23.

(4) For purposes of this subdivision:

(a) "Cigar" means an individual roll of tobacco which has a wrapper or

cover of whole leaf tobacco; does not contain filler other than tobacco

filler; does not contain binder other than tobacco binder; does not

contain additives other than water; does not contain a filter, tip, or

nontobacco mouthpiece; weighs at least six pounds per thousand

count; and is made by hand, except to allow for the use of a manually

operated machine to assist in bunching, rolling, and binding.

(b) "Cigar lounge" means a business dedicated, in whole or in part, to the

smoking of cigars and pipe tobacco, which has a valid certificate

issued by the tax commissioner.

(c) "Pipe tobacco" has the meaning provided in section 57-36-01.

4. Smoking as part of a traditional American Indian spiritual or cultural ceremony is not

prohibited.

5. No person or employer shall discharge, refuse to hire, or in any manner retaliate

against an employee, applicant for employment, or other person because that person

asserts or exercises any rights afforded by this section or reports or attempts to

prosecute a violation of this section. An employee who works in a setting where an

employer allows smoking does not waive or surrender any legal rights the employee

may have against the employer or any other party. Violations of this subsection shall

be a class B misdemeanor.

6. This section may not be interpreted or construed to permit smoking where it is

otherwise restricted by other applicable laws.

7. Notwithstanding any other provision of this chapter, an owner, operator, manager or

other person in control of an establishment, facility, or outdoor area may declare that

entire establishment, facility, or outdoor area as a nonsmoking place.
N.D. Cent. Code § 23-06-06 — ND Code / Title 23 / Chapter 23-06 / Section 23-06-06
23-06-06. Neglect of final disposition - Penalty
Status: in_force

23-06-06. Neglect of final disposition - Penalty

Every person upon which the duty of making final disposition of the remains of a deceased

person is imposed by law that omits to perform that duty as required in this chapter is guilty of a

class B misdemeanor.
N.D. Cent. Code § 23-27.1-06 — ND Code / Title 23 / Chapter 23-27.1 / Section 23-27.1-06
23-27.1-06. Relationship to emergency management assistance compact
Status: in_force

23-27.1-06. Relationship to emergency management assistance compact

Upon a member state's governor's declaration of a state of emergency or disaster that

activates the emergency management assistance compact, all relevant terms and provisions of

the emergency management assistance compact apply and to the extent any terms or

provisions of this compact conflict with the emergency management assistance compact, the

terms of the emergency management assistance compact prevails with respect to any individual

practicing in the remote state in response to such declaration.
N.D. Cent. Code § 23-01-06 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-06
23-01-06. Biennial report - Contents
Status: repealed

23-01-06. Biennial report - Contents

Repealed by S.L. 2023, ch. 229, § 136.
N.D. Cent. Code § 23-07.4-01 — ND Code / Title 23 / Chapter 23-07.4 / Section 23-07.4-01
23-07.4-01. Public health procedures for persons with human immunodeficiency virus infection
Status: in_force

23-07.4-01. Public health procedures for persons with human immunodeficiency virus

infection.

Subject to this chapter, the state health officer or a designee of the state health officer may

examine or cause to be examined a person reasonably believed to be infected with or to have

been exposed to the human immunodeficiency virus.

1. Orders or restrictive measures directed to a person with human immunodeficiency

virus infection must be used as the last resort when other measures to protect the

public health have failed, including all reasonable efforts, which must be documented,

to obtain the voluntary cooperation of the person who may be subject to the order or

measure. The orders and measures must be applied serially with the least intrusive

measures used first. The burden of proof is on the state health officer or a designee of

the state health officer to show that specified grounds exist for the issuance of the

orders or restrictive measures and that the terms and conditions imposed are no more

restrictive than necessary to protect the public health.

2. When the state health officer or a designee of the state health officer knows or has

reason to believe, because of medical or epidemiological information, that a person

within that official's jurisdiction has human immunodeficiency virus infection and is a

danger to the public health, that official may issue an order, according to the following

priority, to:

a. Require the person to be examined and tested to determine whether the person

has human immunodeficiency virus infection;

b. Require a person with human immunodeficiency virus infection to report to a

qualified physician or health worker for counseling on the disease and for

information on how to avoid infecting others; or

c. Direct a person with human immunodeficiency virus infection to cease and desist

from specified conduct that endangers the health of others, but only if that official

has determined that clear and convincing evidence exists to believe that the

person has been ordered to report for counseling as provided in subdivision b

and continues to demonstrate behavior that endangers the health of others.

3. If a person violates an order issued under subdivision c of subsection 2 and it is shown

that the person is a danger to others, the state health officer or a designee of the state

health officer may enforce the order by imposing such restrictions upon the person as

are necessary to prevent the specific conduct that endangers the health of others.

Restrictions must be in writing, setting forth the name of the person to be restricted

and the initial period of time, not to exceed ninety days, during which the order

remains effective, the terms of the restrictions, and any other conditions as may be

necessary to protect the public health. Restrictions must be imposed in the least

restrictive manner necessary to protect the public health.

4. Upon issuance of any order under subsection 2 or 3, the state health officer or a

designee of the state health officer shall promptly, personally, and confidentially notify

the person who is the subject of the order, stating the grounds and provisions of the

order and the right to contest the order, the right to be present at a judicial hearing in

the district court serving the county in which the person resides to review the order,

and the right to be represented by counsel during the hearing. If the person who is the

subject of the order refuses to comply with the order and refuses to cooperate

voluntarily with the state health officer or a designee of the state health officer, the

state health officer or designee may petition the district court serving the county in

which the person resides for an order of compliance. The state health officer or

designee shall request the state's attorney in the county in which the person resides to

file the petition in the district court. If an order of compliance is requested, the court

shall hear the matter within ten days after the request. Notice of the place, date, and

time of the court hearing must be made by personal service or, if the person is not

available, must be mailed to the person who is the subject of the order by certified mail

at the person's last-known address. Proof of mailing by the state health officer or

designee is sufficient notice under this section. The burden of proof is on the state

health officer or designee to show by clear and convincing evidence that the specified

grounds exist for the issuance of the order and for the need for compliance and that

the terms and conditions imposed in the order are no more restrictive than necessary

to protect the public health. Upon conclusion of the hearing, the court shall issue

appropriate orders affirming, modifying, or dismissing the order. If the court dismisses

the order, the fact that the order was issued must be expunged from the records of the

department of health and human services. If the court affirms or modifies the order and

the person subject to the order is infected with the human immunodeficiency virus, the

court shall require the person to disclose the names and addresses, if known, of

persons with whom the person has had contact that poses an epidemiologically

demonstrated risk of transmission of the human immunodeficiency virus. Failure to

comply with court-ordered disclosure constitutes contempt of court.

5. A person who is the subject of an order authorized under this section is entitled to

representation by legal counsel during any hearing to review the issuance of the order.
N.D. Cent. Code § 23-01-19 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-19
23-01-19. Extermination of rabies
Status: repealed

23-01-19. Extermination of rabies

Repealed by S.L. 1999, ch. 243, § 2.
N.D. Cent. Code § 23-07-18 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-18
23-07-18. Physician to report death from contagious or infectious disease to local board of health
Status: in_force

23-07-18. Physician to report death from contagious or infectious disease to local

board of health.

Each practicing physician in this state shall report to the local board of health within the

jurisdiction of which the death occurred, in writing, the death of any of the physician's patients

who has died of any contagious or infectious disease. The report must be made within

twenty-four hours after such death and must state the specific name and character of the

disease.
N.D. Cent. Code § 23-13-02.1 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.1
23-13-02.1. Definitions
Status: in_force

23-13-02.1. Definitions

As used in sections 23-13-02.1 through 23-13-02.7, unless the context requires otherwise:

1. "Fire marshal" means the fire marshal of the state of North Dakota.

2. "Person" means any individual, corporation, limited liability company, company, firm,

association, trust, or beneficiary thereof, but does not include any private or fraternal

club or association.

3. "Self-service motor fuel dispensing facility" means any business establishment which

offers for sale at retail prices motor fuels or compressed natural gas which are

dispensed from self-service motor fuel or compressed natural gas dispensing units.

4. "Self-service motor fuel dispensing unit" means any system, device, or pump for

dispensing motor fuels or compressed natural gas into the fuel tanks of motor vehicles

which is intended to be operated by the purchaser of such motor fuel or compressed

natural gas, except that such term does not include any system, device, or pump

which is coin operated or currency operated.
N.D. Cent. Code § 23-06.6-24 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-24
23-06.6-24. Discrimination prohibited
Status: in_force

23-06.6-24. Discrimination prohibited

A person may not discriminate against a recipient at any point in the organ transplant

process, solely on the basis of the recipient's mental or physical disability, unless the disability

has been adequately determined to be medically significant to the provision of an anatomical

gift.
N.D. Cent. Code § 23-43-01 — ND Code / Title 23 / Chapter 23-43 / Section 23-43-01
23-43-01. Stroke system
Status: in_force

23-43-01. Stroke system

The department of health and human services shall establish and maintain a

comprehensive stroke system for the state. The program must comply with this chapter; be

based on department-approved, nationally recognized guidelines and protocols; and provide

specific patient care and support services criteria stroke centers shall meet to ensure stroke

patients receive safe and effective care, and must modify the state's emergency medical

response system to assure stroke patients are quickly identified and transported to and treated

in facilities that have specialized programs for providing timely and effective treatment for stroke

patients. The stroke system must include standards for the following components:

1. A system plan.

2. Prehospital emergency medical services.

3. Hospitals, for which the standards must include:

a. Standards for designation, redesignation, and removal of designation.

b. Standards for evaluation and quality improvement programs for designated

facilities. The standards must require each facility to collect quality improvement

data and to provide specified portions to the department of health and human

services for use in state and regional stroke quality improvement programs.

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

introduction into evidence in any civil action. A designated facility shall participate in

the stroke registry. A hospital not designated shall provide to the stroke registry a

minimum set of data elements for all stroke patients as determined by the stroke

system of care advisory task force.

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

system. The proceedings and records of the stroke quality improvement program are

not subject to subpoena or discovery or introduction into evidence in any civil action

arising out of any matter that is the subject of consideration by the stroke quality

improvement program.
N.D. Cent. Code § 23-13-09 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-09
23-13-09. North Dakota state safety committee - Members
Status: repealed

23-13-09. North Dakota state safety committee - Members

Repealed by S.L. 1971, ch. 261, § 1.
N.D. Cent. Code § 23-50-05 — ND Code / Title 23 / Chapter 23-50 / Section 23-50-05
23-50-05. State report
Status: in_force

23-50-05. State report

Annually the panel shall compile a state report of fatalities reviewed. The report must

include identification of patterns, trends, and policy issues related to drug fatalities, but may not

disclose personally identifiable information.
N.D. Cent. Code § 23-12-10.2 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-10.2
23-12-10.2. Complaints and enforcement - City and county ordinances and home rule charters
Status: in_force

23-12-10.2. Complaints and enforcement - City and county ordinances and home rule

charters

1. State agencies with statutory jurisdiction over a state-owned building or office shall

enforce section 23-12-10. These agencies include the fire marshal department,

department of health and human services, legislative council, and office of

management and budget.

2. A city or county ordinance, a city or county home rule charter, or an ordinance adopted

under a home rule charter may not provide for less stringent provisions than those

provided under sections 23-12-09 through 23-12-11. Nothing in this Act shall preempt

or otherwise affect any other state or local tobacco control law that provides more

stringent protection from the hazards of secondhand smoke. This subsection does not

preclude any city or county from enacting any ordinance containing penal language

when otherwise authorized to do so by law.

3. The provisions of this Act shall be enforced by state's attorneys who may ask the North

Dakota attorney general to adopt administrative rules to ensure compliance with this

Act. State and local law enforcement agencies may apply for injunctive relief to

enforce provisions of this Act.
N.D. Cent. Code § 23-48-05 — ND Code / Title 23 / Chapter 23-48 / Section 23-48-05
23-48-05. Cause of action not created
Status: in_force

23-48-05. Cause of action not created

This chapter does not create a private cause of action against a manufacturer of an

investigational drug, biological product, or device or against any other person involved in the

care of an eligible patient using the investigational drug, biological product, or device, for any

harm done to the eligible patient resulting from the investigational drug, biological product, or

device, if the manufacturer or other person complied in good faith with the terms of this chapter.

However, this chapter does not limit a private cause of action against a manufacturer or other

person if there was a failure to exercise reasonable care.
N.D. Cent. Code § 23-21-13 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-13
23-21-13. Removal by purchaser or owner of plot or right of interment
Status: in_force

23-21-13. Removal by purchaser or owner of plot or right of interment

Removal of all remains in a plot without the filing of an affidavit of consent may be caused

by any of the following:

1. The purchaser or owner of the plot.

2. The purchaser or owner of the right of interment in the plot.

3. Any one of joint purchasers or owners of the plot or of the right of interment in the plot.
N.D. Cent. Code § 23-01-01.1 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-01.1
23-01-01.1. Department of health and human services to replace state department of health and consolidated laboratories
Status: in_force

23-01-01.1. Department of health and human services to replace state department of

health and consolidated laboratories.

The legislative council shall replace, where appropriate, "North Dakota state department of

health", "department of health", "health department", "state department of health and

consolidated laboratories", "North Dakota state laboratories department", "state laboratories

department", "state laboratories department director", "state laboratories director", "state

department of health", or any derivatives of those terms, which when used in context indicate an

intention to refer to those terms, wherever they appear in this code, and in the North Dakota

Administrative Code, with "department of health and human services" or an appropriate

derivative of that phrase. The legislative council may replace references to the "state

department of health" or any derivatives of that term with "department of health and human

services" in any measure enacted by the sixty-seventh legislative assembly.
N.D. Cent. Code § 23-12-09 — ND Code / Title 23 / Chapter 23-12 / Section 23-12-09
23-12-09. Smoking in public places and places of employment - Definitions
Status: in_force

23-12-09. Smoking in public places and places of employment - Definitions

In sections 23-12-09 through 23-12-11, unless the context or subject matter otherwise

requires:

1. "Bar" means a retail alcoholic beverage establishment licensed under chapter 5-02

that is devoted to the serving of alcoholic beverages for consumption by guests on the

premises and in which the serving of food is only incidental to the consumption of

those beverages. The term includes a bar located within a hotel, bowling center,

restaurant, or other establishment that is not licensed primarily or exclusively to sell

alcoholic beverages.

2. "Business" means a sole proprietorship, partnership, association, joint venture,

corporation, or other business entity, either for profit or not for profit, including retail

establishments where goods or services are sold and professional corporations and

other entities where professional services are delivered.

3. "E-cigarette" means any electronic oral device, such as one composed of a heating

element and battery or electronic circuit, or both, which provides a vapor of nicotine or

any other substances, and the use or inhalation of which simulates smoking. The term

shall include any such device, whether manufactured, distributed, marketed, or sold as

an e-cigarette, e-cigar, and e-pipe or under any other product, name, or descriptor.

4. "Employee" means an individual who is employed by an employer in consideration for

direct or indirect monetary wages or profit, or an individual who volunteers services for

an employer.

5. "Employer" means an individual, business, or private club, including a municipal

corporation or trust, or the state and its agencies and political subdivisions that

employs the services of one or more individuals.

6. "Enclosed area" means all space between a floor and ceiling that has thirty-three

percent or more of the surface area of its perimeter bounded by opened or closed

walls, windows, or doorways. A wall includes any physical barrier regardless of

whether it is opened or closed, temporary or permanent, or contains openings of any

kind, and includes retractable dividers and garage doors.

7. "Entrance" means an exterior door that actuates to the left or right which allows access

to a public place.

8. "Health care facility" means any office or institution providing health care services or

treatment of diseases, whether physical, mental or emotional, or other medical,

physiological or psychological conditions. Some examples of health care facilities

include hospitals; clinics; ambulatory surgery centers; outpatient care facilities; weight

control clinics; nursing homes; homes for the aging or chronically ill; nursing, basic,

long-term, or assisted living facilities; laboratories; and offices of any medical

professional licensed under title 43, including all specialties and subspecialties in

those fields. This definition shall include all waiting rooms, hallways, private rooms,

semiprivate rooms, wards within health care facilities, and any mobile or temporary

health care facilities.

9. "Health care services" means services provided by any health care facility. Some

examples of health care services are medical, surgical, dental, vision, chiropractic,

psychological, and pharmaceutical services.

10. "Place of employment" means an area under the control of a public or private

employer, including work areas, auditoriums, classrooms, conference rooms,

elevators, employee cafeterias, employee lounges, hallways, meeting rooms, private

offices, restrooms, temporary offices, vehicles, and stairs. A private residence is not a

place of employment unless it is used as a licensed child care, adult day care, or

health care facility.

11. "Public place" means an area which the public enters. Some examples of public

places are publicly owned buildings, vehicles, or offices; bars; bingo facilities; gambling

and gaming facilities as defined in section 12.1-28-01; child care and adult day care

facilities subject to licensure by the department of health and human services,

including those operated in private homes; convention facilities; educational facilities,

both public and private; facilities primarily used for exhibiting a motion picture, stage,

drama, lecture, musical recital, or other similar performance; financial institutions;

health care facilities; hotels and motels, including all rooms that are rented to guests;

laundromats; any common areas in apartment buildings, condominiums, mobile home

parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

private and semi-private nursing home rooms; museums, libraries, galleries, and

aquariums; polling places; professional offices; public transportation facilities, including

buses, trains, airplanes and similar aircraft, taxicabs and similar vehicles such as

towncars and limousines when used for public transportation, and ticket, boarding, and

waiting areas of public transit facilities, including bus and train stations and airports;

reception areas; restaurants; retail food production and marketing establishments;

retail service establishments; retail stores, including tobacco and hookah

establishments; rooms, chambers, places of meeting or public assembly, including

school buildings; shopping malls; sports arenas; theaters; and waiting rooms.

12. "Publicly owned building, vehicle, or office" means a place or vehicle owned, leased, or

rented by any state or political subdivision, or by any agency supported by

appropriation of, or by contracts or grants from, funds derived from the collection of

taxes.

13. "Restaurant" includes every building or other structure, or any part thereof, and all

buildings in connection therewith that are kept, used, maintained, advertised, or held

out to the public as a place where food is served. Some examples of restaurants

include coffee shops, cafeterias, sandwich stands, private and public school cafeterias,

kitchens, and catering facilities in which food is prepared on the premises for serving

elsewhere, and a bar area within a restaurant.

14. "Shopping mall" means an enclosed public walkway or hall area that serves to connect

retail or professional businesses.

15. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar,

cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for

inhalation, in any manner or in any form. Smoking also includes the use of an

e-cigarette which creates a vapor, in any manner or any form, or the use of any oral

smoking device for the purpose of circumventing the prohibition of smoking in this Act.

16. "Sports arena" means an indoor or outdoor place where members of the public

assemble to engage in physical exercise, participate in athletic competition, or witness

sports or other events. Some examples of sports arenas include sports pavilions,

stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice

rinks, and bowling centers.
N.D. Cent. Code § 23-01-05 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-05
23-01-05. Health officer - Qualifications, salary, term, duties
Status: in_force

23-01-05. Health officer - Qualifications, salary, term, duties

1. The governor shall appoint a state health officer who has:

a. Education, training, or experience in public health; and

b. Relevant leadership experience.

2. The governor shall set the salary of the state health officer within the limits of

legislative appropriations to the department.

3. The state health officer is entitled to receive all necessary traveling expenses incurred

in the performance of official business.

4. The state health officer serves at the pleasure of the governor.

5. The commissioner of the department of health and human services may appoint an

advisory committee to advise the state health officer on matters of public health as

requested by the state health officer. Each member of the advisory committee is

entitled to receive reimbursement of expenses in performing official duties in amounts

provided by law for other state officers. A committee member serves at the pleasure of

the commissioner of the department of health and human services. A meeting of the

advisory committee is not subject to open meeting requirements of chapter 44-04.

6. The duties of the state health officer are as follows:

a. Provide strategy and policy advice to improve health and wellness.

b. Serve in an advisory capacity for local public health and local health officers.

c. Promote the development of local health services and recommend the allocation

of health funds to local jurisdictions.

d. Issue a written order relating to a disease control measure necessary to prevent

the spread of a communicable disease. A disease control measure may include a

special immunization activity and decontamination measure.

(1) The state health officer shall limit a written order issued under this section to

the geographical area affected by the communicable disease. The state

health officer may not issue a statewide order under this section unless the

governor has declared a statewide disaster or emergency under chapter

37-17.1 and the governor consents to the order. The statewide order is

limited in duration to the duration of the declared disaster or emergency

unless terminated earlier pursuant to chapter 37-17.1.

(2) A written order issued under this section has the same effect as a

physician's standing medical order.

(3) The state health officer shall apply to the district court in a judicial district in

which a communicable disease is present for an injunction canceling a

public event or closing a place of business. On application of the state

health officer showing the necessity of the cancellation, the court may issue

an ex parte preliminary injunction, pending a full hearing.

(4) Notwithstanding any other provision of law, an order issued pursuant to this

subsection may not:

(a) Substantially burden a person's exercise of religion unless the order is

in furtherance of a compelling governmental interest and is the least

restrictive means of furthering that compelling governmental interest;

(b) Treat religious conduct more restrictively than any secular conduct of

reasonably comparable risk, unless the government demonstrates

through clear and convincing scientific evidence that a particular

religious activity poses an extraordinary health risk; or

(c) Treat religious conduct more restrictively than comparable secular

conduct because of alleged economic need or benefit.

(5) A person claiming to be aggrieved by a violation of paragraph 1 may assert

that violation as a claim or defense in a judicial proceeding and obtain

appropriate relief, including costs and reasonable attorney's fees.

e. Perform all duties required or provided by law.
N.D. Cent. Code § 23-15.1-04 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-04
23-15.1-04. Launch site standards
Status: in_force

23-15.1-04. Launch site standards

Sites used as model rocket launch sites must comply with the following:

1. No person other than the user and individuals assisting the user may be permitted

within fifteen feet [4.57 meters] of the launching device when engines of an "A", "B", or

"C" category are used or within thirty feet [9.14 meters] of the launching device when

engines of "D", "E", or "F" category are used.

2. When required by the fire authority, lines or barriers must be provided to restrain

spectators from encroaching upon the clearance requirements of this section.

3. No model rocket user may fire any model rocket engine from any site without first

securing authorization, either verbal or written, to conduct this activity from the fire

official having the responsibility of the prevention and suppression of fire in the areas

where the model rocket is to be used nor without securing authorization, either written

or verbal, of the owner of the land intended to be used for the launch of the model

rocket.

4. The launch site should consist of a firing area and a recovery area. The firing area

should be considered that area surrounding the launching devices contained within a

radius of ten feet [3.05 meters] outward from the location of the launching devices. The

recovery area should include the firing area and must be determined to be the

minimum area necessary to retrieve the launched rocket based on the estimated

height achieved by the model rocket having a total weight fired with a specific type of

engine. The following table may be used to determine the size of the recovery area

necessary:

MODEL ROCKET LAUNCH SITE STANDARDS

Maximum total

weight in ounces Longest time delay

Engine types Minimum of rocket with in seconds permitted

all time dimension engine and any for maximum total

delays in feet payload weight

1/4A-1/2A 50 3 2

A 100 4 3

B 200 6 2

C 400 6 3

D 500 13 3

E 1,000 17.66 4

F 1,000 17.66 4

If the recovery area is circular, the minimum dimension in feet referred to in the table

relates to diameter of the area. If the recovery area is rectangular or square, the

minimum dimension in feet referred to in the table refers to the length of the shortest

side.

5. The launching site and recovery area should be located in areas that are not

susceptible to fire, such as grain fields, forest lands, heavy brush, or other areas

deemed dangerous by the fire authority. The site should be located at least two

hundred feet [60.96 meters] from any buildings or structures unless approved by the

property owner. The site may not contain any high voltage lines or be within five

hundred feet [152.4 meters] of the nearest road or highway.

6. The launch rod may not be tilted more than thirty degrees from a vertical angle.

7. No launching site or recovery area may be located within five miles [8.05 kilometers] of

any airport, unless written permission is first obtained from the appropriate airport

authority or other agency responsible for operation of the airport.
N.D. Cent. Code § 23-16.1-02.2 — ND Code / Title 23 / Chapter 23-16.1 / Section 23-16.1-02.2
23-16.1-02.2. Closure of facility or removal of residents
Status: in_force

23-16.1-02.2. Closure of facility or removal of residents

In the event of an emergency any receiver appointed under section 23-16.1-02.1 may

remove any or all residents of a nursing facility and close the facility if deemed necessary.
N.D. Cent. Code § 23-09.3-10 — ND Code / Title 23 / Chapter 23-09.3 / Section 23-09.3-10
23-09.3-10. Rules on services to nongeriatric persons
Status: in_force

23-09.3-10. Rules on services to nongeriatric persons

The department shall adopt rules under chapter 23-16 for patient and resident care and

quality care review which are not in conflict with any federal laws, and as are necessary to

ensure the appropriate medical, social, and psychological services to nongeriatric persons

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

nursing home, intermediate care facility, or basic care facility.
N.D. Cent. Code § 23-01.3-05 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-05
23-01.3-05. Nonpublic disclosure in emergency circumstances
Status: in_force

23-01.3-05. Nonpublic disclosure in emergency circumstances

1. In the event of a threat of imminent physical or mental harm to the subject of protected

health information, a public health authority, in order to allay or remedy that threat, may

disclose protected health information about that subject to a health care practitioner,

health care facility, law enforcement authority, or emergency medical personnel to

protect the health or safety of that subject.

2. In the event of a threat of harm to an individual other than the subject of protected

health information, a public health authority may disclose protected health information

about that subject if:

a. There is an identifiable threat of serious disease, injury, or death to an identifiable

individual or group of individuals;

b. The subject of the protected health information has the ability to carry out that

threat; and

c. The disclosure of that information is necessary to prevent or significantly reduce

the possibility of that threat.

3. Any disclosure of protected health information under this section must be limited to the

minimum amount of information necessary to achieve the purposes of this section.

4. A recipient of information pursuant to this section may use or disclose that information

solely to carry out the purposes of this section.

5. Protected health information disclosed under this section must be clearly identified as

protected health information that is subject to this section.
N.D. Cent. Code § 23-06.6-08 — ND Code / Title 23 / Chapter 23-06.6 / Section 23-06.6-08
23-06.6-08. Who may make anatomical gift of decedent's body or part
Status: in_force

23-06.6-08. Who may make anatomical gift of decedent's body or part

1. Subject to subsections 2 and 3 and unless barred by section 23-06.6-06 or 23-06.6-07,

an anatomical gift of a decedent's body or part for the purpose of transplantation,

therapy, research, or education may be made by any member of the following classes

of persons who is reasonably available, in the order of priority listed:

a. An agent of the decedent at the time of death who could have made an

anatomical gift under subsection 2 of section 23-06.6-03 immediately before the

decedent's death;

b. The spouse of the decedent;

c. Adult children of the decedent;

d. Parents of the decedent;

e. Adult siblings of the decedent;

f. Adult grandchildren of the decedent;

g. Grandparents of the decedent;

h. An adult who exhibited special care and concern for the decedent;

i. The persons who were acting as the guardians of the decedent at the time of

death; and

j. Any other person having the authority to dispose of the decedent's body.

2. If there is more than one member of a class listed in subdivision a, c, d, e, f, g, or i of

subsection 1 entitled to make an anatomical gift, an anatomical gift may be made by a

member of the class unless that member or a person to which the gift may pass under

section 23-06.6-10 knows of an objection by another member of the class. If an

objection is known, the gift may be made only by a majority of the members of the

class who are reasonably available.

3. A person may not make an anatomical gift if, at the time of the decedent's death, a

person in a prior class under subsection 1 is reasonably available to make or to object

to the making of an anatomical gift.
N.D. Cent. Code § 23-11-33 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-33
23-11-33. Municipalities may cooperate
Status: in_force

23-11-33. Municipalities may cooperate

Any city, county, or other public body may cooperate with housing authorities, or with the

federal government, with respect to the development or administration of projects, and

necessary slum clearance, to assure the availability of safe and sanitary dwellings for persons

engaged in national defense activities and for veterans.
N.D. Cent. Code § 23-01-16 — ND Code / Title 23 / Chapter 23-01 / Section 23-01-16
23-01-16. Dairy products - Joint standards
Status: in_force

23-01-16. Dairy products - Joint standards

The department of health and human services and the dairy department of the department

of agriculture shall jointly adopt a set of uniform standards in relation to all matters falling within

their joint jurisdiction regarding dairy products. The department of health and human services,

district health units, municipal health departments or units, and the dairy department shall each

be permitted to accept any inspection report of the other department or unit regarding the

inspection of dairy products and the producers and processors of such products, when such

report is based substantially upon standards conforming with the milk ordinance and code

recommended by the United States public health service.
N.D. Cent. Code § 23-30-02 — ND Code / Title 23 / Chapter 23-30 / Section 23-30-02
23-30-02. Hospital districts authorized - Dissolution of districts
Status: in_force

23-30-02. Hospital districts authorized - Dissolution of districts

1. The board of county commissioners of any county, or two or more boards of county

commissioners acting jointly, shall, when requested to do so by petition of twenty

percent of the qualified electors of the area to be included in a proposed hospital

district, as determined by those voting for governor in that geographical area at the last

gubernatorial election, submit the question to the qualified electors at a special

election or the next regularly scheduled primary or general election as to whether or

not the qualified electors of the area desire to establish a hospital district and whether

they approve of the mill levy authorized by section 23-30-07 for the purpose of

supporting such hospital district. If sixty percent of the qualified electors voting in the

election within the proposed district approve, the county commission or county

commissions, as the case may be, shall, by resolution, create the hospital district

comprising the entire area as described in the petition.

2. In the event the qualified electors of a hospital district desire to dissolve such district,

thirty percent of the qualified electors, determined as in subsection 1, may petition the

board of directors of the hospital district to place the question of the continued

existence of the hospital district before the qualified electors of the district at the next

regularly scheduled primary or general election. If at least sixty percent of the qualified

electors voting in such election do not approve of the continued operation of the

hospital district, the board of directors shall notify the county commission or county

commissions, as the case may be. The county commission or county commissions

shall, upon receipt of such notice, by resolution order the dissolution of the hospital

district. Mill levies previously authorized shall continue to be collected as authorized

until the termination of the authority therefor.

3. The petition shall contain the name and address of each petitioner, the suggested

name of the proposed district, the area in square miles [kilometers] to be included

therein, the population of such area according to the most recent census, and a

complete description according to government survey of the boundaries of the real

property to be included in the proposed district. The petitioners shall also present to

the county auditor or auditors a plat or map showing the suggested boundaries of the

proposed district, and shall deposit with the auditor a sum of money sufficient to defray

the expenses of publishing the notices required by this chapter and the cost of any

special election.

4. Any city located within the area, whether or not such city has a hospital, shall be

included in the district.
N.D. Cent. Code § 23-11-12 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-12
23-11-12. Rentals to be at lowest possible rate - Authority not to be operated for profit
Status: in_force

23-11-12. Rentals to be at lowest possible rate - Authority not to be operated for

profit.

Each housing authority shall manage and operate its housing projects in an efficient manner

so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates

consistent with its providing decent, safe, and sanitary dwelling accommodations. No housing

authority may construct or operate any project for profit or as a source of revenue to the city or

the county.
N.D. Cent. Code § 23-43-04 — ND Code / Title 23 / Chapter 23-43 / Section 23-43-04
23-43-04. Continuous improvement of quality of care for individuals with stroke - Recommendations - Report to legislative management
Status: in_force

23-43-04. Continuous improvement of quality of care for individuals with stroke -

Recommendations - Report to legislative management.

1. The department of health and human services shall establish and implement a plan for

achieving continuous quality improvement in the quality of care provided under the

state comprehensive stroke system for stroke response and treatment. In

implementing this plan, the department of health and human services shall:

a. Maintain a statewide stroke database that compiles information and statistics on

stroke care which align with nationally recognized stroke consensus metrics. The

department of health and human services shall utilize a nationally recognized

data set platform with confidentiality standards no less secure than the stroke

registry data platform. The department of health and human services shall

coordinate with national voluntary health organizations involved in stroke quality

improvement to avoid duplication and redundancy.

b. Require comprehensive stroke centers and primary stroke centers and

encourage acute stroke-ready hospitals and emergency medical services

operations to report data consistent with nationally recognized guidelines on the

treatment of individuals with confirmed stroke within the state.

c. Encourage sharing of information and data among health care providers on ways

to improve the quality of care of stroke patients in this state.

d. Facilitate the communication and analysis of health information and data among

the health care professionals providing care for individuals with stroke.

e. Require the application of evidence-based treatment guidelines regarding the

transitioning of patients to community-based followup care in hospital outpatient,

physician office, and ambulatory clinic settings for ongoing care after hospital

discharge following acute treatment for stroke.

2. The department of health and human services shall establish a data oversight process

and implement a plan for achieving continuous quality improvement in the quality of

care provided under the state comprehensive stroke system for stroke response and

treatment which must:

a. Analyze data generated by the stroke registry on stroke response and treatment;

b. Identify potential interventions to improve stroke care in geographic areas or

regions of the state; and

c. Provide recommendations to the department of health and human services,

emergency medical services advisory council, and legislative assembly for the

improvement of stroke care and delivery in the state.

3. Data reported under this section must be made available to the department of health

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

agencies, which have responsibility for the management and administration of

emergency medical services throughout the state.

4. Before June first of each even-numbered year, the department of health and human

services shall provide a report to the legislative management regarding progress made

toward the recommendations provided in this chapter and any recommendations for

future legislation.
N.D. Cent. Code § 23-36-06 — ND Code / Title 23 / Chapter 23-36 / Section 23-36-06
23-36-06. Payment for postexposure treatment
Status: in_force

23-36-06. Payment for postexposure treatment

The department may provide, at no cost, rabies postexposure biologics to an individual

possibly exposed to rabies if the department determines the individual is financially unable to

pay for the postexposure biologics treatment.
N.D. Cent. Code § 23-07.1-04 — ND Code / Title 23 / Chapter 23-07.1 / Section 23-07.1-04
23-07.1-04. State health officer - Designee - Responsibility
Status: in_force

23-07.1-04. State health officer - Designee - Responsibility

The state health officer or designee is responsible for the inpatient and outpatient care of

persons afflicted or suspected of being afflicted with tuberculosis. If the state health officer

determines that suspected or actual tuberculous patients may be adequately cared for on an

inpatient basis by contract with general hospitals or other appropriate facilities, authority for

contracting with such facilities is granted to the department of health and human services. In

addition, the department of health and human services is authorized to establish and maintain

the necessary outpatient clinics for diagnostic workup and evaluation on all suspected or actual

tuberculous patients in the state. The department of health and human services shall pay the

contract fee to general hospitals or other appropriate facilities and provide funds to the

outpatient evaluation clinics from funds to be appropriated for this purpose by the legislative

assembly. The state's claim on patient benefits as provided in section 23-07.1-03 applies insofar

as applicable to tuberculous patients in general hospitals and for services rendered in outpatient

clinics. The state health officer or a designee has the power to:

1. Do any act necessary and proper in the performance of the functions imposed upon

the state health officer by the provisions of this chapter.

2. Issue orders and compel obedience thereto.

3. Administer oaths.
N.D. Cent. Code § 23-21-06 — ND Code / Title 23 / Chapter 23-21 / Section 23-21-06
23-21-06. Publication
Status: in_force

23-21-06. Publication

Notice of a declaration of intention to remove the human remains from all or any part of any

cemetery must be given by publication in a newspaper of general circulation published in the

municipality or county in which the cemetery or the portion from which removals are to be made

is situated. Publication must be at least once each week for eight successive weeks.
N.D. Cent. Code § 23-07-19 — ND Code / Title 23 / Chapter 23-07 / Section 23-07-19
23-07-19. Appropriation made on report showing action necessary to prevent spread of tuberculosis
Status: in_force

23-07-19. Appropriation made on report showing action necessary to prevent spread

of tuberculosis.

If any society or association organized and existing for the purpose of controlling the spread

of tuberculosis in this state considers it necessary to secure the services of a visiting nurse or

nurses, or to disinfect any building, room, residence, hotel, or other place infected with

tuberculosis, the society shall report such fact to the president of the county board of health and

to the board of county commissioners. The report must recommend the course of action

advisable to be adopted by the board of county commissioners in relation thereto and in

accordance with the provisions of this chapter, and such board, at its next meeting, shall

consider such report and recommendation and act on the same. The board may audit and allow

bills for services rendered in carrying into effect any action taken by it under the provisions of

this section.
N.D. Cent. Code § 23-09.1-02.2 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-02.2
23-09.1-02.2. License required - Application - Issuance
Status: in_force

23-09.1-02.2. License required - Application - Issuance

Before any bed and breakfast facility may operate in this state, the facility must be licensed

by the department. Licenses expire on December thirty-first following the date of issuance

unless canceled by failure to comply with this chapter or with any of the rules adopted to

implement this chapter. Renewal application for license must be made to the department during

December of every year. A license must be issued upon compliance by the applicant with

provisions of this chapter and any rules adopted to implement this chapter. The application must

be in writing on forms furnished by the department and must be accompanied by the required

fee. Licenses issued by the department are not transferable nor applicable to any premises

other than those for which the license was issued. The department may adopt rules establishing

the amount of and the procedures for the collection of annual license fees. License fees

collected pursuant to this section must be deposited in the department's operating fund in the

state treasury and any expenditure from the fund is subject to appropriation by the legislative

assembly.
N.D. Cent. Code § 23-13-05 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-05
23-13-05. Penalty for failure to construct doors of public buildings as required
Status: in_force

23-13-05. Penalty for failure to construct doors of public buildings as required

All persons owning or having charge of any building described in section 23-13-04,

including trustees and members of boards of directors and boards of education, shall see that

the provisions of such section are complied with. Any person who fails to comply with the

provisions of that section, or who builds, maintains, or permits to be used any building contrary

to the provisions thereof, is guilty of a class B misdemeanor.
N.D. Cent. Code § 23-07.5-08 — ND Code / Title 23 / Chapter 23-07.5 / Section 23-07.5-08
23-07.5-08. Penalty
Status: in_force

23-07.5-08. Penalty

A person who knowingly discloses the results of a blood test in violation of this chapter is

guilty of a class C felony, if the offense is committed with intent to disclose the identity of the

individual who was tested.
N.D. Cent. Code § 23-15.1-01 — ND Code / Title 23 / Chapter 23-15.1 / Section 23-15.1-01
23-15.1-01. Purpose
Status: in_force

23-15.1-01. Purpose

It is hereby declared to be the purpose of the legislative assembly to establish standards for

model rockets and model rocket launch sites for the protection of individuals involved in and

exposed to the launching of model rockets.
N.D. Cent. Code § 23-27-04.9 — ND Code / Title 23 / Chapter 23-27 / Section 23-27-04.9
23-27-04.9. Administration of vaccinations - Laboratory testing
Status: in_force

23-27-04.9. Administration of vaccinations - Laboratory testing

1. A licensed or certified emergency medical services personnel working for a hospital or

an emergency medical services operation may administer a vaccine to an individual

who is at least eighteen years of age if:

a. The physician providing oversight for the emergency medical services operation

or the hospital medical director has established protocols that meet department

standards that may be based on the advisory committee on immunization

practices of the federal centers for disease control and prevention; and

b. The emergency medical services personnel has satisfactorily completed a

department-approved course on administering vaccines.

2. If a hospital or emergency medical services operation allows the administration of

vaccines under this section, the hospital or emergency medical services operation

shall maintain records documenting the emergency medical services personnel's

completion of the training required under subsection 1. These records are subject to

review by the department.

3. Licensed or certified emergency medical services personnel may perform laboratory

testing authorized by rule adopted by the department.
N.D. Cent. Code § 23-02.1-11 — ND Code / Title 23 / Chapter 23-02.1 / Section 23-02.1-11
23-02.1-11. Form of records
Status: in_force

23-02.1-11. Form of records

The form of the records, reports, and other information required by this chapter is subject to

the approval of and modification by the department of health and human services. In order to

maintain uniformity in the system of vital records registration and the system of health statistics

tabulation and analysis, substantial efforts should be made to ensure that information collected

parallels that collected by other primary registration areas.
N.D. Cent. Code § 23-17-01 — ND Code / Title 23 / Chapter 23-17 / Section 23-17-01
23-17-01. Chiropractic hospitals shall obtain licenses
Status: in_force

23-17-01. Chiropractic hospitals shall obtain licenses

No person, partnership, association, corporation, or limited liability company may establish,

conduct, or maintain in the state of North Dakota a chiropractic hospital, sanatorium, or related

institution for the hospitalization and care of the sick or injured without first obtaining a license in

the manner hereinafter provided.

Chiropractic hospitals, sanatoriums, or other related institutions within the meaning of this

chapter mean any institution, place, building, or agency in which any accommodation is

maintained, furnished, or offered for the hospitalization of the sick or injured, by chiropractic

methods.

Hospitalization within the meaning of this chapter is defined as the reception and care of

any person for a continued period longer than twenty-four hours for the purpose of giving

advice, diagnosis, or treatment bearing on the physical or mental health of such persons.

Nothing in this chapter applies to hotels or other similar places that furnish only board or room,

or either, to their guests. Nothing in this chapter authorizes any person, partnership, association,

corporation, or limited liability company to engage in the practice of the healing art or the

practice of chiropractic as defined by law.
N.D. Cent. Code § 23-17.6-08 — ND Code / Title 23 / Chapter 23-17.6 / Section 23-17.6-08
23-17.6-08. Reviews of extended stay center
Status: in_force

23-17.6-08. Reviews of extended stay center

Before the issuance or renewal of an extended stay center certificate of registration, the

department shall inspect the extended stay center for compliance with the standards

established under this chapter. To the maximum extent possible, the department shall

coordinate reviews made under this chapter with those made for the purposes of determining

compliance with other licensing or registration requirements.
N.D. Cent. Code § 23-13-02.6 — ND Code / Title 23 / Chapter 23-13 / Section 23-13-02.6
23-13-02.6. Prohibited activities
Status: in_force

23-13-02.6. Prohibited activities

With respect to any self-service dispensing facility it is unlawful to:

1. Use, operate, or install any coin-operated or currency-operated dispensing device in

any self-service motor fuel dispensing facility.

2. Provide for or use living or residential facilities or accommodations for the benefit of

any owner, operator, or employee of the self-service motor fuel dispensing facilities on

the premises of such facility.

3. Permit smoking of any nature, so as to constitute a hazard within the vicinity of any

self-service motor fuel dispensing unit.

4. Permit the dispensing of any gasoline through self-service gasoline dispensing units to

motor vehicles while the motor vehicle's engine is in operation.
N.D. Cent. Code § 23-01.3-04 — ND Code / Title 23 / Chapter 23-01.3 / Section 23-01.3-04
23-01.3-04. Nonpublic disclosure to a public health authority
Status: in_force

23-01.3-04. Nonpublic disclosure to a public health authority

1. A health care provider, public health authority, law enforcement official, school or

university, or the agent of any such individual or entity, may disclose protected health

information concerning an individual to a public health authority if:

a. There is a specific nexus between the individual's identity and a threat of a

specific disease, death, or injury to any individual or to the public health; and

b. The individual's identity would allow that public health authority to prevent or

significantly reduce the possibility of disease, injury, or death to any individual or

the public health.

2. An entity described in subsection 1 is not liable for the disclosure of protected health

information:

a. To a public health authority based upon a good-faith belief and credible

representation made by that authority that this information is required to protect

an individual or the public health from a threat of a specific disease, injury, or

death; or

b. If that disclosure is made pursuant to a federal or state law that is designed to

protect the public health or safety.

3. Except for the failure to report information required by chapter 23-07, 23-07.1, 23-07.3,

or 23-07.4, or any other law requiring disclosure of information regarding a disease or

condition, an entity described in subsection 1 is not liable for the failure to disclose

protected health information to a public health authority.

4. Any disclosure of protected health information under this section must be limited to the

minimum amount of information necessary to achieve the purposes of this section.

5. A recipient of information pursuant to this section may use or disclose that information

solely to achieve the purposes of this section.

6. Nothing in this section permitting the disclosure of protected health information may be

construed to require that disclosure, unless disclosure is otherwise required by law.

7. Protected health information disclosed under this section must be clearly identified as

protected health information that is subject to this chapter.
N.D. Cent. Code § 23-09.1-02.1 — ND Code / Title 23 / Chapter 23-09.1 / Section 23-09.1-02.1
23-09.1-02.1. Inspection
Status: in_force

23-09.1-02.1. Inspection

The department shall inspect each bed and breakfast facility at least once every two years.

Any duly authorized officer, employee, or agent of the department may enter and inspect any

property or place on or at which a bed and breakfast facility is located or is being constructed,

installed, or established at any reasonable time for the purpose of ascertaining the state of

compliance with this chapter and rules adopted under this chapter.
N.D. Cent. Code § 23-09-20.1 — ND Code / Title 23 / Chapter 23-09 / Section 23-09-20.1
23-09-20.1. Guest record
Status: in_force

23-09-20.1. Guest record

A record must be kept in each lodging establishment in which every individual patronizing

the lodging establishment shall write that individual's name and address and the number of

members in the party who will occupy a room or rooms therein.
N.D. Cent. Code § 23-11-19 — ND Code / Title 23 / Chapter 23-11 / Section 23-11-19
23-11-19. Bonds - Issued pursuant to resolution - General provisions
Status: in_force

23-11-19. Bonds - Issued pursuant to resolution - General provisions

Bonds of an authority must be issued pursuant to a resolution of the commissioners thereof.

The resolution must specify:

1. Whether the bonds must be issued in one or more series.

2. The date or dates which the bonds must bear.

3. The time or times at which the bonds must mature.

4. The interest rate or rates.

5. The denomination or denominations in which the bonds must be issued.

6. The form, either coupon or registered, in which the bonds must be issued.

7. The conversion or registration privileges, if any, which the bonds must carry.

8. The rank or priority which must exist between various issues of bonds and various

kinds of bonds issued.

9. The manner in which the bonds must be executed.

10. The medium in which the bonds must be payable.

11. The place or places at which the bonds must be payable.

12. The terms of redemption, and whether with or without premium, to which the bonds

are subject.

The conditions specified in the resolution may be printed in any trust indenture or mortgage

given by the authority to secure any bonds issued by it.
N.D. Cent. Code § 23-16-17 — ND Code / Title 23 / Chapter 23-16 / Section 23-16-17
23-16-17. Air ambulances - Informed Decisions - Publication
Status: in_force

23-16-17. Air ambulances - Informed Decisions - Publication

1. Before a hospital refers a patient to an air ambulance service provider or initiates

contact with an air ambulance service provider for air transport of the patient, the

hospital shall inform the patient, or the patient's representative, of the air ambulance

service provider's health insurance network status for the purpose of allowing the

patient or the patient's representative to make an informed decision on choosing an air

ambulance service provider or form of transportation.

2. A hospital is presumed in compliance with subsection 1 if the hospital provides the

patient, or the patient's representative, the health insurance network status published

by the insurance department under subsection 4.

3. A hospital is exempt from complying with this section if the hospital determines and

documents that due to emergency circumstances, compliance might jeopardize the

health or safety of the patient.

4. At least quarterly, the insurance department shall publish on the insurance

department's website data regarding the health insurance network status of each air

ambulance service provider authorized to operate in the state.
N.D. Cent. Code § 23-41-03 — ND Code / Title 23 / Chapter 23-41 / Section 23-41-03
23-41-03. Duties of the department
Status: in_force

23-41-03. Duties of the department

The department, in administering this chapter, shall:

1. Cooperate with the federal government in the development of plans and policies for

services for children with special health care needs.

2. Adopt rules and take any necessary action to entitle the state to receive aid from the

federal government for services for children with special health care needs in

conformity with title 5, part 2, of the federal Social Security Act and its amendments.

3. Take action, give directions, and adopt rules to carry out the provisions of this chapter,

including the adoption and application of suitable standards and procedures to ensure

uniform and equitable treatment of all applicants for services for children with special

health care needs.

4. Cooperate with the federal government in matters of mutual concern pertaining to

services to children with special health care needs, including the adoption of methods

of administration found necessary by the federal government for the efficient operation

of the plan for assistance.

5. Provide necessary qualified employees and representatives.

6. Establish and enforce a merit system as may be required under the federal Social

Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620;

42 U.S.C. 701 et seq.].

7. Make reports in the form and containing the information the federal government

requires and comply with the provisions, rules, and regulations the federal government

makes to assure the correctness and verification of a report.

8. Publish a biennial report and any interim reports necessary.

9. Provide medical food and low-protein modified food products to individuals with

phenylketonuria or maple syrup urine disease under chapter 25-17.

10. Establish eligibility criteria for services under this chapter at one hundred eighty-five

percent of the poverty line, except for criteria relating to Russell-Silver syndrome,

phenylketonuria, or maple syrup urine disease treatment services for which income is

not to be considered when determining eligibility. For purposes of this chapter, "poverty

line" has the same meaning as defined in section 50-29-01.