reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-01 - Amendment of minor errors on birth records during the first year

Current through Supplement No. 393, July, 2024
Amendment of obvious errors, transposition of letters in
				  words of common knowledge, or omissions on birth records may be made by the
				  state registrar within the first year after the date of birth either by the
				  state registrar's own observation or query or upon request of an individual
				  with a direct and tangible interest in the record as defined in section
				  33-04-13-01. When such additions
				  or minor amendments are made by the state registrar, a notation as to the
				  source of the information together with the date the change was made and the
				  initials of the authorized agent making the change shall be made on the record
				  in such a way as not to become a part of any record issued. The record is not
				  to be marked as "amended".
General Authority:
NDCC 23-02.1-04,
					 28-32-02
Law Implemented:
NDCC
					 23-02.1-25(2)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-02 - Amendments as a result of sex reassignment surgery

Current through Supplement No. 393, July, 2024
1.
Evidence and documents
				required.
The birth record of an individual born in this state who has
				undergone an acceptable sex reassignment surgery, where the sex of the
				individual was changed with anatomically correct genitalia for the identified
				sex as certified by a medical provider, may be amended as follows:
a. Upon written request of the individual who
				has undergone the surgery;
b. A
				notarized form, provided by the department, signed by a medical provider that
				has performed the surgery on the individual, and that by reason of the surgery,
				the sex of the individual has been changed to the anatomically correct
				genitalia of the identified sex; and
c. An order of a court of competent
				jurisdiction decreeing a legal change in name, if one is so desired.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-03 - All other amendments

Current through Supplement No. 393, July, 2024
1.
Provisions for other amendments.
Unless otherwise provided in this
				chapter or in the statute, all other amendments to vital records shall be
				supported by:
a. A request setting forth:
(1) Information to identify the record.
(2) The incorrect data as it is
				listed on the record.
(3) The
				correct data as it should appear.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-04 - Who may apply

Current through Supplement No. 393, July, 2024
1. To amend a birth
				record, application may be made by one of the parents, the guardian, or the
				registrant if at least eighteen years of age.
2. To amend a death or fetal death record,
				application may be made by the next of kin or the funeral director or an
				individual acting as such. Applications to amend the medical certification of
				cause of death shall be made by the attending physician or coroner.
General Authority:
NDCC 23-02.1-04,
					 28-32-02
Law Implemented:
NDCC
					 23-02.1-25(3)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-05 - Amendment of registrant's given names on birth record within the first year

Current through Supplement No. 393, July, 2024
Until the registrant's first birthday, given names may be
				  amended upon written request of any of the following:
1. Both parents.
2. The mother, in the case of a child born
				out of wedlock.
3. The father, in
				the case of the death or incapacity of the mother.
4. The mother, in the case of the death or
				incapacity of the father.
5. The
				guardian or agency having legal custody of the registrant.
A record amended in this manner prior to the first birthday
				  is not to be marked "amended".
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-25(3)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-06 - Addition of given names

Current through Supplement No. 393, July, 2024
1.
After the first birthday.
After the registrant's first birthday, given
				names, for a child whose birth was recorded without given names, may be added
				to the record upon written request of any of the following:
a. Both parents.
b. The mother, in the case of a child born
				out of wedlock.
c. The father, in
				the case of the death or incapacity of the mother.
d. The mother, in the case of the death or
				incapacity of the father.
e. The
				guardian or agency having legal custody of the registrant.
A record amended in this manner after the first birthday
				  shall be marked "amended".
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-07 - Medical items

Current through Supplement No. 393, July, 2024
All items in the medical certification or of a medical nature
				  may be amended only upon receipt of a signed statement from those individuals
				  responsible for the completion of such items. The state registrar may require
				  documentary evidence to substantiate the requested amendment.
General Authority:
NDCC 23-02.1-04,
					 28-32-02
Law Implemented:
NDCC
					 23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-08 - Amendment of the same item more than once

Current through Supplement No. 393, July, 2024
Once an amendment of an item is made on a vital record, that
				  item shall not be amended again unless a court order is received from a court
				  of competent jurisdiction.
General Authority:
NDCC 23-02.1-04, 28-32-02
Law Implemented:
NDCC
				  23-02.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-12 - Correction and Amendment of Vital Records › Section 33-04-12-09 - Methods of amending records

Current through Supplement No. 393, July, 2024
1.
Procedures utilized in amending records.
Records of birth, death,
				and fetal death may be amended by the state registrar in the following manner:
a. Preparing a new record showing the correct
				information when the state registrar deems that the nature of the amendment so
				requires.
In the case of birth, such new records shall be prepared in
				  a manner prescribed by the state registrar. The new record shall contain a
				  space for inclusion of the amended item as it appeared on the existing record.
				  It shall also include a summary of the evidence presented in support of the
				  amendment and a certification statement by the state registrar that the state
				  registrar has evaluated the evidence submitted.
For all other vital events, the new record shall be prepared
				  in a manner used for registering current events at the time of the amendment.
				  The item number or the entry that was amended shall be identified on the new
				  record.
In all cases the new record shall show the date the
				  amendment was made and be given the same state file number as the existing
				  record. Signatures appearing on the existing record shall be typed or digitally
				  recorded on the new record.
b. Completing the item in any case where the
				item was left blank on the existing record.
c. In the case of an actual paper
				certificate, drawing a single line through the item to be amended and inserting
				the correct data immediately above or to the side thereof. The line drawn
				through the original entry must not obliterate such entry.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-13.1 - Disclosure of Records › Section 33-04-13.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Guardian" means a person who has been appointed as legal
				  guardian through some judicial process.
2. "Relative" means a person's current or surviving spouse, a
				  parent or legal guardian, a child, a grandparent, or a grandchild. The state
				  registrar may require proof of the relationship.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-27
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-13.1 - Disclosure of Records › Section 33-04-13.1-02 - General provisions

Current through Supplement No. 393, July, 2024
1. In order to
				protect vital records from loss, mutilation, or destruction and to prevent
				improper disclosure of confidential information, a person may not be allowed
				direct physical access to the original vital records in the custody and care of
				the state registrars. Every person wishing to review records or desiring
				information contained in such records must make a request for a certified copy
				to the state registrar.
2. Nothing
				in this section may be construed to permit disclosure of information contained
				in the "confidential information for medical and health use only" section of
				vital records unless specifically authorized by the state registrar for
				statistical research or if authorized by a court of competent jurisdiction.
3. The state registrar may furnish
				data from vital records for statistical research purposes, subject to such
				conditions as the state registrar may impose. Data may not be furnished from
				records under this subsection until the state registrar has prepared in writing
				the conditions under which the data will be used and received a data use
				agreement signed by a responsible agent of the research organization agreeing
				to meet with and conform to such conditions.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-27
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-13.1 - Disclosure of Records › Section 33-04-13.1-03 - Proof of identity

Current through Supplement No. 393, July, 2024
Whenever it is deemed necessary to establish an applicant's
				  right to confidential information from vital records, the state registrar may
				  require written application, identification of the applicant, or a sworn
				  notarized statement. The state registrar may furnish information, at the
				  written request of the applicant entitled to such information, to any person or
				  agency designated by the applicant.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-27
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-14 - Copies of Data From Vital Records › Section 33-04-14-01 - General provisions

Current through Supplement No. 393, July, 2024
1. Full or short
				form certified copies of vital records may be made by mechanical, electronic,
				or other reproductive processes, except that information contained in the
				"confidential information for medical and health use only" section of vital
				records on birth and fetal death records shall not be included.
2. When a certified copy is issued, each
				certification shall be signed and certified as a true copy by the state
				registrar and shall include the date issued, the name of the issuing office,
				the state registrar's signature or an authorized facsimile thereof (or the same
				for the deputy state registrar), and the seal of the issuing office shall be
				affixed thereon.
3. When the state
				registrar finds evidence that a record was registered through misrepresentation
				or fraud, the state registrar shall have authority to withhold the issuance of
				a certified copy of such record until a court determination of the facts has
				been made.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-28
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-15 - Fees for Copies and Searchers › Section 33-04-15-01 - Fee required before issuance or search

Current through Supplement No. 393, July, 2024
No certified copies shall be issued or a search for a record
				  can be started until the fee for such copy (and filing fee for delayed records
				  of birth) or search has been received unless specific approval has been
				  obtained from the state registrar or otherwise provided by statute or
				  regulation.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-29
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-15 - Fees for Copies and Searchers › Section 33-04-15-02 - Amount of fee

Current through Supplement No. 393, July, 2024
1. For the issuance
				of the first full certified copy, short form, or certification of a birth
				record, the initial fee per request is fifteen dollars. The filing fee for a
				delayed record of birth is fifteen dollars. The fee for amendments to vital
				records is fifteen dollars per request. The fee for creation of a new record of
				birth following adoption, legitimation, or paternity determination is fifteen
				dollars. For each search of the files when no birth record is found or no copy
				is made, a fee of fifteen dollars shall be charged.
2. For the issuance of the first certified
				copy of a death, fetal death, or marriage record, the initial fee per request
				is fifteen dollars. For subsequent copies issued at the time of the request,
				the fee is ten dollars per copy. For each search of the files when no death or
				marriage record is found or no copy is made, a fee of fifteen dollars shall be
				charged.
3. For statistical
				research purposes, the state registrar shall determine the fee for such
				services and shall determine the manner in which the costs are to be
				paid.
4. For each verification of a
				vital record, the fee is the same as the first certified copy for that record
				unless specific approval has been obtained from the state registrar or
				otherwise provided by statute or regulation.
General Authority:
NDCC 23-02.1-04,
					 28-32-02
Law Implemented:
NDCC
					 23-02.1-29
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-04 - Health Statistics › Chapter 33-04-16 - Persons Required to Keep Records › Section 33-04-16-01 - Subregistrars required to keep information

Current through Supplement No. 393, July, 2024
Each subregistrar shall keep a record containing as a
				  minimum, the following information about each dead body or fetus the
				  subregistrar handles:
1. The date,
				place, and time of receipt.
2. The
				date, place, and manner of disposition.
3. If the dead body or fetus is delivered to
				another subregistrar, the date of such delivery and the name and the address of
				the subregistrar to whom delivered.
4. Items required by the record of death or
				fetal death in use when the event occurs for those events for which the
				subregistrar is required to file the record.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC
					 23-02.1-30
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-01 - Care and Custody of Dead › Section 33-05-01-01 - Burial-transit permits

Current through Supplement No. 393, July, 2024
1. A burial-transit
				permit, issued by the proper death registration authority, shall be required
				for each body transported by common carrier, and in all cases when transported
				by automobile, airplane, or any other conveyance, in lieu of a common carrier,
				and in every case when removed out of the state.
2. The burial-transit permit shall contain
				the information required on the blank furnished by the state department of
				health for the shipment of the dead and be properly signed by the local
				registrar
3. The burial-transit
				permit shall be given to the person in charge of the corpse, or if shipped by
				express, attached to the shipping case in a strong envelope and in either case
				delivered with the body at the destination to the sexton or other person in
				charge of the cemetery.
4. When it
				is desired to reship a body after it has reached its original destination, and
				providing the body has not been interred, the burial-transit permit shall be
				filed with the local registrar at the original destination and a new
				burial-transit permit shall be obtained at this original destination for
				reshipment to the final destination.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-06-08, 23-06-09,
				  23-06-10, 23-06-11
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-01 - Care and Custody of Dead › Section 33-05-01-02 - Disinterment

Current through Supplement No. 393, July, 2024
No person, except a licensed funeral practitioner, after
				  having obtained a permit from the state registrar of vital statistics, shall
				  disinter the body of a deceased person, providing the authorities in charge of
				  a cemetery may transfer bodies buried therein from one part of such cemetery to
				  another part thereof with the approval of the local health officer. All
				  disinterred remains must be encased in a tight container or strong box. The
				  disinterment permit shall be on the regular burial-transit permit and shall be
				  issued only by the state registrar to funeral practioners duly licensed in
				  North Dakota.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-01 - Care and Custody of Dead › Section 33-05-01-03 - Opening of hermetically sealed caskets

Current through Supplement No. 393, July, 2024
The opening of hermetically sealed caskets containing
				  disinterred remains of persons dead from any cause and shipped for burial in
				  North Dakota is hereby forbidden except when so ordered by a court of competent
				  jurisdiction.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-01 - Care and Custody of Dead › Section 33-05-01-04 - Depth of grave and requirements for above surface interments

Current through Supplement No. 393, July, 2024
1. No dead human body shall be interred in a
				public burial ground unless the distance from the top of the box containing the
				casket shall be at least three and one-half feet [106.68 centimeters] from the
				natural surface of the ground.
2.
				If the casket is placed in an approved metal, concrete, or similar vault, the
				distance from the top of the vault shall be at least eighteen inches [45.72
				centimeters] from the natural surface of the ground.
3. If the casket is placed in a surface
				vault, the cover of the vault may be placed flush with the natural surface of
				the ground.
4. No person or
				persons, organizations, or associations shall place, establish, or construct
				wholly or partially above the natural surface of the ground any vault, crypt,
				columbarium, mausoleum, or other structure or device by whatever name for the
				interment of any dead human body without first meeting the cemetery
				registration requirements and submitting the plans and specifications for the
				proposed installation to the state department of health for preliminary
				inspection and recommendation. The plans and specifications shall be submitted
				to the state department of health in triplicate and shall be developed to
				assure conformance to the following basic requirements:
a. Designation of the sections, halls, rooms,
				corridors, elevators, or other subdivisions and including descriptive names and
				numbers of the areas.
b.
				Arrangement of the structure so that the cell, niche, or crypt may be readily
				examined by those legally authorized.
c. Provision for hermetically and permanently
				sealing in a suitable manner each crypt or cell so that no fluid may escape
				therefrom after the placing of any dead human body therein.
d. Provision of construction materials of the
				best quality and of a character best suited for the purposes intended.
e. Construction to ensure
				durability, permanence and the protection of the safety, convenience, comfort,
				and health of the community in which it is located consistent with modern
				mausoleum construction and engineering science at the time.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-01 - Care and Custody of Dead › Section 33-05-01-05 - Cemeteries

Current through Supplement No. 393, July, 2024
1. All cemeteries must be registered with the
				state department of health on forms provided by the department.
2. All cemeteries must be surveyed by a
				registered land surveyor prior to filing a plat of the cemetery with the
				recorder in the county in which the cemetery is located, as outlined in North
				Dakota Century Code section 43-19.1-30.
3. No body can be accepted for burial without
				a burial permit issued by the registrar where the death occurred.
4. The sexton or other person making burial
				must endorse on the burial permit the time and place of burial, and file the
				permit with the registrar having jurisdiction over the territory where the
				burial was made.
5. Sextons must
				keep permanent records of every burial or disinterment. The following items of
				record are required:
a. Full name of
				deceased.
b. Age at death and sex.
c. Date and place of death.
d. Date of burial.
e. Place of burial, block, lot, and grave.
f. Number of burial permit.
g. Name and address of funeral
				practitioner.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-01 - Care and Custody of Dead › Section 33-05-01-06 - Cremation

Current through Supplement No. 393, July, 2024
The cremation of a dead human body shall be considered the
				  final disposition of that body.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-02 - Notification of Blood and Body Fluid Precaution › Section 33-05-02-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter, the term "post-mortem
				  communicable disease" shall include the following:
1. Viral hepatitis (any etiology).
2. Tuberculosis.
3. Acquired immune deficiency syndrome (AIDS).
4. Plague.
5. Creutzfeldt-Jakob.
6. Rabies.
7. Meningococcal meningitis.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-02 - Notification of Blood and Body Fluid Precaution › Section 33-05-02-02 - Notification required of death from post-mortem communicable diseases

Current through Supplement No. 393, July, 2024
When any person dies who has been diagnosed or suspected as
				  having a post-mortem communicable disease, a written notice stating "BLOOD AND
				  BODY FLUIDS PRECAUTIONS SHOULD BE OBSERVED" must be securely attached to the
				  body in a prominent location thereon so it can be easily seen when the body is
				  removed for disposition as follows:
1. If the person dies in a hospital or other
				health care facility, the notice must be prepared and placed by the attending
				physician or other health care professional or representative on behalf of the
				hospital or health care facility.
2. If the person dies outside of a hospital
				or health care facility, the notice must be prepared and placed by the
				attending physician, or in the absence of an attending physician, by the
				examining coroner.
Any person who removes a dead human body for disposition
				  which has a notice attached pursuant to this chapter shall ensure that such
				  notice remains attached to the dead body until the body is presented to any
				  funeral practitioner, funeral director, or other person taking possession of
				  the dead body.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-02 - Notification of Blood and Body Fluid Precaution › Section 33-05-02-03 - Disclosure limited

Current through Supplement No. 393, July, 2024
Any notifications required to be made pursuant to section
				  33-05-02-02 are privileged and
				  confidential and may be disclosed only if one of the following applies:
1. Disclosure is required by any state or
				federal law.
2. Disclosure is made
				by a physician pursuant to a state or federal law permitting disclosure.
3. Disclosure is for research
				purposes and does not reveal either the identity of the deceased or information
				by which the identity of the deceased could be determined.
4. Disclosure involves information regarding
				a deceased minor and the disclosure is made to the parent or guardian of that
				minor.
5. Disclosure is made to
				the person who removes the dead human body or is made in the ordinary course of
				business to any employee or agent of any person or entity authorized or
				required under this chapter to receive or report that information.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-05 - Care and Custody of the Dead › Chapter 33-05-02 - Notification of Blood and Body Fluid Precaution › Section 33-05-02-04 - Violations reported to appropriate licensing board

Current through Supplement No. 393, July, 2024
Any person practicing an occupation, trade, or profession
				  for which the license, permit, certificate, or registration is required from
				  any state agency, board, commission, or department who willfully violates any
				  provision of this chapter must be reported to such agency, board, commission,
				  or departmentfor such action as it may determine appropriate.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-02 - Reporting › Section 33-06-02-01 - Reporting

Current through Supplement No. 393, July, 2024
1.
Morbidity reports.
Reporting
				may be conducted by completion of reporting forms, telephonic, electronic, or
				through other means designated by the state department of health. All morbidity
				reports must be made as soon as a laboratory test result is positive or a
				clinical diagnosis is made.
2.
Printed forms.
Reporting forms will be provided by the state
				department of health. For those conditions which may require investigation to
				prevent spread of the condition, forms are available which specify the
				patient's name and address, age, sex, occupation, probable source of infection,
				date of exposure, date of onset, and name and address of the person making the
				report. For those conditions which donot require investigations, forms are
				available for reporting the conditions by number only.
3.
Telephonic reports.
Physicians shall notify the state health officer by telephone of any
				unusual outbreak of food infections and poisonings, and of any case of bubonic
				plague, rabies, anthrax, botulism, Rocky Mountain spotted fever, and such other
				conditions as the state department of health may from time-to-time designate.
4.
Teacher must report
				suspected cases.
Whenever any school principal or teacher in any
				private, public, or parochial school has reason to suspect that any pupil is
				suffering from or has been exposed to any communicable condition, such
				principal or teacher shall send the child home with instructions to see the
				child's family physician. Any pupil so excluded shall not be permitted to
				attend school again until the pupil shall present a certificate from a
				physician licensed to practice medicine in North Dakota or from the local
				health department stating that the child is not suffering from a communicable
				condition and that it is safe for the child to return to school. Such principal
				or teacher shall also report any such suspected case to the local health
				officer, who, upon receipt of such report, shall use the officer's best
				judgment as to the necessity for further investigating the case.
5. All medical diagnostic laboratories are
				required to report any laboratory test result (serological, culture, etc.)
				which may be interpreted as indicative of any of the reportable conditions to
				the state department of health. Test results from specimens sent by in-state
				laboratories to out-of-state laboratories are also required to be reported.
6. In addition to reporting
				requirements specified under subsection 5, mandatory reporters include:
a. All physicians and other health care
				providers administering screening, diagnostic, or therapeutic services.
b. Hospitals, including those
				providing inpatient or outpatient services, or both.
c. Health care facilities, including basic
				care facilities and mobile units, providing screening, diagnostic, or
				therapeutic services.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-03 - Health Officer Investigation › Section 33-06-03-01 - Infectious or communicable disease

Current through Supplement No. 393, July, 2024
When any infectious or communicable disease is reported to a
				  health officer or when the health officer has reason to suspect that such
				  disease exists within the officer's jurisdiction, the officer shall make a
				  thorough investigation, if necessary, and if such disease is found to exist,
				  the officer shall take such steps as are required by the laws of the state and
				  by this chapter. If upon investigation the health officer shall find that a
				  disease for which isolation is required has recently existed on any premises
				  within the officer's jurisdiction, the officer shall place such premises under
				  surveillance until the expiration of the incubation period.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
				  23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-03 - Health Officer Investigation › Section 33-06-03-02 - Insanitary condition

Current through Supplement No. 393, July, 2024
Each health officer shall investigate whenever and wherever
				  the officer has reason to suspect that any insanitary condition dangerous to
				  public health exists within the officer's jurisdiction, and if such insanitary
				  condition is found to exist, the officer shall order its removal within a
				  specified time by a written notice served on the owner or agent of the property
				  whereon such insanitary condition exists. If the owner or agent shall fail to
				  remove or remedy such insanitary condition within the time specified in such
				  written notice, the health officer shall bring the matter to the attention of
				  the county attorney and, if necessary, file a complaint against such owner or
				  agent for maintaining an insanitary condition dangerous to public health and in
				  violation of the laws of the state and regulations of the state department of
				  health.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-07-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-03 - Health Officer Investigation › Section 33-06-03-03 - School may be closed

Current through Supplement No. 393, July, 2024
Whenever, in the judgment of the state department of health
				  or of any county or city health officer, it is advisable to close the schools
				  because of the prevalence of any contagious or infectious disease or diseases,
				  the health officer shall serve written notice upon the board of school
				  directors or the responsible officials of any private, parochial, public, or
				  Sunday school in the same district in which such disease or diseases prevail,
				  directing them to close all schools immediately nor shall any such schools be
				  reopened until ordered by the proper health official.
General Authority: NDCC 23-01-03
Law Implemented: NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-04 - Control of Specific Diseases › Section 33-06-04-01 - Scientific guidance

Current through Supplement No. 393, July, 2024
In the control of infectious diseases, the department, local
				  public health units, local law enforcement agencies, and veterinarians shall
				  apply applicable guidelines set forth by the centers for disease control and
				  prevention, advisory committee on immunization practices, American academy of
				  pediatrics, American public health association, and other applicable
				  experts.
General Authority:
NDCC 23-01-03
Law Implemented:
NDCC
					 23-01-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-04 - Control of Specific Diseases › Section 33-06-04-06 - Rabies

Current through Supplement No. 393, July, 2024
1.
How reported.
If any
				physician or veterinarian has knowledge that any person has been bitten or
				scratched by, or otherwise exposed to a dog, other domestic animal, or a wild
				mammal, infected or suspected of being infected with rabies, the physician or
				veterinarian shall report these facts within forty-eight hours to the state
				department of health. The requirements of this subsection do not apply to dog
				or cat bites, scratches, or saliva exposure if there is a standing order or
				agreement with health care providers to report animal bites or possible
				exposure to rabies to a local law enforcement agency.
2.
Vaccine replacement.
The
				state health officer, or the health officer's designee, in that person's
				discretion may provide for the replacement of rabies vaccine and rabies immune
				globulin used to treat possible exposure to rabies. Any request for rabies
				vaccine and rabies immune globulin must be in writing, must be signed by the
				person who received postexposure vaccine or the person's parent or guardian,
				and must indicate that the person was possibly exposed to rabies, not through
				the person's own fault or that of the person's parent or guardian, and is
				financially unable to pay for the vaccine and immune globulin. A person will
				not be considered financially unable to pay if:
a. An insurer or a governmental agency other
				than the state department of health includes as a covered benefit, or another
				person is liable for, rabies vaccine or rabies immune globulin;
b. The person is eligible for complimentary
				vaccine or immune globulin from a vaccine manufacturer; or
c. The person, or the person's family, has an
				adjusted gross income of more than one hundred thirty-three percent of the
				poverty line determined in accordance with
				42 U.S.C.
				9902(2) applicable to a
				family of the size involved or assets in excess of those permitted under
				section 75-02-02.1-26, including the
				exceptions allowed under section
				75-02-02.1-27.
Notwithstanding the limitations of this subsection, the state
				  health officer, or the state health officer's designee, in that person's
				  discretion also may supply rabies vaccine and immune globulin to a person if
				  more than one person in a family requires postexposure treatment or some other
				  hardship would prevent a person from receiving medically necessary
				  treatment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-04 - Control of Specific Diseases › Section 33-06-04-10 - Sexually transmitted diseases

Current through Supplement No. 393, July, 2024
1.
				Contact tracing is appropriate for the following sexually transmitted diseases:
a. Human immunodeficiency virus (HIV)
				infection;
b. Acquired
				immunodeficiency syndrome (AIDS);
c. Chlamydia;
d. Gonorrhea;
e. Hepatitis B virus (HBV); and
f. Syphilis.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-04 - Control of Specific Diseases › Section 33-06-04-11 - Vaccines

Current through Supplement No. 393, July, 2024
Administrative charges by physicians, private or public
				  clinics, and hospitals for the administration of any vaccine obtained from the
				  state department of health through the federal vaccines for children program
				  are limited to no more than the charges established by the federal regional fee
				  caps as set forth in 59 Federal Register 50235 (October 3, 1994).
General Authority: NDCC 23-01-04.2, 28-32-02
Law Implemented: NDCC
					 23-01-04.2
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05 - School Immunization Requirements › Section 33-06-05-01 - Requirements

Current through Supplement No. 393, July, 2024
1.
Definitions.
As used in this
				section:
a. "Advisory committee on
				immunization practices" refers to a panel of experts in fields associated with
				immunization who have been selected by the secretary of the United States
				department of health and human services to provide advice and guidance to the
				secretary, the assistant secretary for health, and the centers for disease
				control and prevention on the most effective means to prevent
				vaccine-preventable diseases.
b.
				"Age-appropriate immunizations" refers to the vaccines a child should receive
				based on age and previous immunization history as recommended by the advisory
				committee on immunization practices of the United States department of health
				and human services and outlined by the North Dakota immunization
				schedule.
c. "Beliefs" as used in
				subsection 3 of North Dakota Century Code section 23-07-17.1 means sincerely
				held religious, philosophical, or moral beliefs which are not a pretense for
				avoiding legal requirements.
d.
				"Institution" includes all early childhood facilities, head start programs,
				preschool educational facilities, public and private kindergartens, and
				elementary, middle, and high schools operating in North Dakota.
e. "Institutional authority" means anyone
				designated by the governing body of an institution.
f. "Medical exemption" means an exemption
				from an immunization requirement based on a form signed by a licensed physician
				stating that the physical condition of the child seeking the exemption is such
				that the vaccine administered would endanger the life or health of the
				child.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.1 - General Provisions › Section 33-06-05.1-01 - Purpose

Current through Supplement No. 393, July, 2024
Chapters 33-06-05.1 through 33-06-05.6 establish guidelines
				  for adoption of policies and procedures for the governing body of an
				  institution to follow in the event the institution obtains knowledge that an
				  employee, independent contractor, or student contracts a significant contagious
				  disease. The rules should be interpreted to assure consideration of the rights
				  of all involved under 29 United States Code section 794, section 504
				  Rehabilitation Act of 1973 and North Dakota Century Code chapter 14-02.4. It is
				  recognized that each institution may have individual situations to address;
				  therefore, each institution may adopt policies to fit their individual
				  requirements which are not inconsistent with 33-06-05.1 through 33-06-05.6. In
				  adopting policies to implement 33-06-05.1 through 33-06-05.6, an institution
				  may be guided by "Recommended Policies for School Boards and Boards of Health
				  Regarding School-age Children and School Employees" if the policies contained
				  therein are not inconsistent with 33-06-05.1 through 33-06-05.6.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.1 - General Provisions › Section 33-06-05.1-02 - Definitions

Current through Supplement No. 393, July, 2024
When used in chapters 33-06-05.1 through 33-06-05.6, unless
				  the context or subject matter otherwise requires:
1. "Affected person", "affected individual", or "affected
				  student" means an individual who has been diagnosed by a physician as having
				  contracted a significant contagious disease.
2. "Decisionmaker" is the affected person's personal
				  physician. However, whenever an affected student is also disabled as defined
				  under the Education For All Handicapped Children Act,
				  20 U.S.C.
				  1401(a)(1) or North Dakota
				  Century Code chapter 15-59, the decisionmaker is the multidisciplinary team
				  provided for under subsection 4 of North Dakota Century Code section
				  15-34.1-03.
3. "Employee" means all persons employed by the institution
				  including faculty, maintenance, and administrative personnel.
4. "Governing body" means a board of directors, a school
				  board, or other entity vested with authority to make binding decisions on
				  behalf of an institution.
5. "Independent contractor" means any person or entity who is
				  free of control or direction over performance of the service provided both
				  under the contract and in fact, who renders service outside the ordinary course
				  of business or outside of the place of business of the contractor and who is
				  engaged in an independently established trade, organization, profession, or
				  business.
6. "Individualized education program" denotes a specialized
				  education plan created in compliance with
				  20 U.S.C.
				  1401(a)(19).
7. "Institution" includes all public kindergartens,
				  elementary, junior high, and high schools operating within all school districts
				  in North Dakota.
8. "Reasonable accommodations" is as defined by subsection 16
				  of North Dakota Century Code section 14-02.4-02 or U.S.C. 794.
9. "Significant contagious disease" includes cytomegalovirus
				  (CMV), hepatitis B (HBV) and human immunodeficiency (HIV) infection. The local
				  board of health or the state health officer may determine that other diseases
				  are significant contagious diseases.
10. "Special provisions" are individually tailored education
				  decisions designed to meet the needs of students requiring unique
				  accommodations to ensure an educational opportunity. Special provisions are
				  directed to students not covered by an individualized education program.
11. "Universal precautions" means protecting one's self from
				  exposure to blood or body fluids, through the use of latex gloves, masks, or
				  eye goggles, cleaning blood and body fluid spills with soap and water and then
				  disinfecting and incineration or decontaminating infective waste before
				  disposing in a sanitary landfill.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 14-02.4, 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.1 - General Provisions › Section 33-06-05.1-03 - Adoption of policy by governing body

Current through Supplement No. 393, July, 2024
In accordance with the guidelines set out in chapters
				  33-06-05.1 through 33-06-05.6, the governing body of each institution shall
				  adopt policies:
1. For education of
				student, employees, and independent contractors concerning significant
				contagious disease;
2. To protect
				the identity of affected individuals;
3. To protect the health of students,
				employees, independent contractors, and the public;
4. To provide to the public only that
				information which is essential for protection of public health;
5. To provide for attendance, employment, or
				contracts regarding affected individuals and to establish procedures for the
				development of special provisions and reasonable accommodations;
6. To protect affected individuals from
				harassment and discrimination within the institutional setting; and
7. To receive information concerning the
				status of students, employees, and independent contractors from their
				physicians.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.2 - Students With Significant Contagious Diseases › Section 33-06-05.2-01 - Student attendance

Current through Supplement No. 393, July, 2024
No student may be prohibited from attending the institution
				  solely because they have, or they are perceived to have, a significant
				  contagious disease. If the student is well enough to attend the institution,
				  and does not constitute a public health threat, as determined by the
				  decisionmaker, the student must be permitted to attend the institution. If the
				  student is unable to attend regular class instruction or requires special
				  consideration, then special provisions or individualized education programs
				  must be provided for the student.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 15-34.1-03, 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.2 - Students With Significant Contagious Diseases › Section 33-06-05.2-02 - Confidentiality

Current through Supplement No. 393, July, 2024
Unless disclosed by the affected person, their parent or
				  guardian, or their personal physician, no individual may be informed of an
				  affected individual's infection. In order to eliminate discrimination, the
				  local governing body should develop policies concerning the comprehensive
				  application of universal precautions throughout the institution.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 23-01-03, 23-07-16,
					 23-07-16.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-06 - Reportable Diseases › Chapter 33-06-05.2 - Students With Significant Contagious Diseases › Section 33-06-05.2-03 - Individual student needs

Current through Supplement No. 393, July, 2024
If an affected student is unable to participate in regular
				  classroom instruction, either reasonable accommodations, special provisions, or
				  an individualized education program will be provided.
General Authority: NDCC 23-07-16.1
Law Implemented: NDCC 15-47-38, 23-01-03, 23-07-16,
					 23-07-16.1