Title 36 — Public Health and Safety

Every children's camp shall be located on well-drained ground near an adequate safe water supply.

The general layout of a children's camp shall be planned to lessen fire, accident and disease hazards.

A. Every children's camp shall be provided with a water supply of sufficient quantity to provide a minimum of five gallons per person per day to the camp site at a rate of two and one-half times the average hourly demand, and be of a safe sanitary quality, meeting the minimum sta…

Every camp shall be provided with privies or with suitable toilets and with disposal systems meeting minimum health requirements of the department of environmental quality. One toilet or one privy shall be provided for every fifteen persons or fraction thereof in the camp populat…

A children's camp shall obtain a food service permit pursuant to the requirements of title 36.

In every children's camp all kitchen, toilet, bath and other drainage shall be disposed of in such manner as to prevent fly and mosquito breeding and the pollution of any water or food supply.

A. The department of health services shall make an annual inspection of each children's camp and where upon inspection it is found that there is a failure to comply with any of the standards prescribed by this chapter, the department shall give notice to the camp operator of such…

Any person employed by a children's camp on a written contract basis for a specified term longer than one week shall be exempt from the provisions of section 23-233, relating to daily and weekly hours of labor, except that no child under the age of sixteen years shall be employed…

Any person who violates any provision of this article is guilty of a petty offense.

The provisions of this chapter shall not apply to children's camps which are regulated by an existing ordinance of any city or town.

Nothing in this chapter shall be interpreted to limit the powers and duties of the department of health services.

The department of health services may delegate powers and duties provided pursuant to this chapter to a county health department of the county in which the children's camp is located.

A child who attends a children's camp in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.

1. "Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter. 2. "Biannually" means twice per year. 3. "…

A. The psychiatrist, psychologist or other competent professional of the secure state mental health facility shall biannually examine each person who is committed pursuant to section 13-4521. The person who conducts the biannual examination shall submit the examination report to …

After a hearing pursuant to section 36-4002 or 36-4004, if the court finds that: 1. The committed defendant has been restored to competency, the court shall order the criminal proceedings to resume. 2. The committed defendant has not been restored to competency and: (a) The commi…

A. If the medical director determines that the committed defendant's mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if conditionally released to a less restrictive alternative, the medical director shall allow the committed…

A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the committed defendant and will adequately protect the community and the court determines that the minimum conditions under section 36-4006 are met, the court shall e…

Before the court orders that a committed defendant be conditionally released to a less restrictive alternative, the court shall find that all of the following apply: 1. The committed defendant will be treated by a competent professional. 2. The competent professional presents a s…

A. A committed defendant does not forfeit any legal right and may not suffer any legal disability as a consequence of any actions taken or orders made pursuant to this article except as specifically provided in this article. B. A committed defendant shall receive care, supervisio…

A. If the attorney for the state, the medical director or the court believes that a committed defendant who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment, the me…

A. If the medical director determines that the committed defendant's mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if discharged but remains incompetent to stand trial, the medical director shall allow the committed defend…

A. A committed defendant may not be transported from a secure state mental health facility, except that a committed defendant may be transported to court for any of the following reasons: 1. A hearing on a biannual examination. 2. A hearing on a petition for conditional release t…

[Repealed or reserved.]

1. "Department" means the department of health services. 2. "Director" means the director of the department. 3. "Trauma recovery center" means a treatment center that provides at least the following resources, treatments and recovery services to crime victims: (a) Mental health s…

B. The department, in consultation with a national alliance that supports trauma recovery centers, shall establish priorities for the fund. The department shall spend monies in the fund to provide grants to trauma recovery centers. C. To be eligible to receive a grant pursuant to…

[Repealed or reserved.]

In this chapter, unless the context otherwise requires: 1. "Accredited laboratory" means a laboratory which has received accreditation from an accreditation program approved by the secretary of the United States department of health and human services to meet standards of the fed…

The provisions of this chapter shall be administered by the department of health services.

The provisions of this article apply to all clinical laboratories and directors of clinical laboratories but do not apply to the following: 1. Clinical laboratories operated, licensed or certified by the United States government. 2. Certain classes of clinical laboratories and ty…

A. No person shall establish, conduct or maintain a clinical laboratory in this state or engage in the business of providing clinical laboratory services to persons within the state unless that person applies for and obtains a license pursuant to this article. The department shal…

A. Except as otherwise provided pursuant to this article and rules adopted pursuant to this article, a person who desires to operate a clinical laboratory outside of a licensed health care institution shall file with the department an application accompanied by a license applicat…

A. A person who wishes to operate a laboratory in a health care institution which is covered by a single license issued pursuant to chapter 4 of this title shall submit an application for licensure on a form prescribed and furnished by the department. The application shall be und…

A. The department may inspect the premises and operations of a clinical laboratory subject to licensure pursuant to this article to study and evaluate the operation, supervision and procedures of that facility to determine if it is in substantial compliance with this article and …

A. The director shall establish by rule fees that do not exceed the cost to the department of conducting on-site inspections, evaluation and verification of information submitted with an application and other activities related to licensure of clinical laboratories pursuant to th…

A. The director shall appoint a clinical laboratory licensure advisory committee consisting of members representing a variety of persons affected by this article. The committee shall advise the director regarding the adoption of rules and shall make recommendations regarding inte…

1. Four physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are actively engaged in the practice of medicine. The director shall appoint these members. 2. Two physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are employed by a clini…

A laboratory shall make available to the director on request all information that the laboratory is required by rule to keep including personnel records and information and data concerning its operation, quality assurance program, proficiency test program and laboratory procedure…

A. A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request or written authorization if the laboratory offers that laboratory test to the public on a direct access basis without a health care pro…

A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this article or a rule adopted pursuant to this article. Each day a violation occurs constitutes a separate violation. The department shall hold a hearing pursua…

A. Except as otherwise provided, a clinical laboratory shall examine specimens at the authorization of any person licensed pursuant to title 32, chapter 7, 8, 13, 14, 17 or 29 or title 32, chapter 11, article 2, a person licensed to practice medicine or surgery in another state o…

A. Only a person authorized by law shall collect human bodily materials. Technical personnel of a laboratory may collect blood, remove stomach contents and collect material for smears and cultures or inject substances under the direction or on the written request of a licensed ph…

A. The owner or director of a laboratory shall not personally or through an agent, solicit the referral of specimens to his or any other laboratory in a manner which offers or implies an offer of rebates to persons submitting specimens or other fee-splitting inducements or partic…

1. The patient. 2. The responsible insurer or other third party payor. 3. The health care institution. 4. A referring laboratory, excluding the laboratory of the health professional who ordered the test. 5. A governmental agency or the agency's public or private agent, agency or …

A. After a hearing held pursuant to title 41, chapter 6, article 10, the director may deny, suspend or revoke a license or deny the renewal of a license if he determines that a person has done any of the following: 1. Violated any of the provisions of this article or rules adopte…

A. The department may, upon its own initiative, and shall upon the verified complaint of any person setting forth facts which if proven would constitute grounds for action taken pursuant to section 36-473, investigate the applicant or licensee. B. The department shall notify the …

A. Upon the revocation of his license, a licensee shall be required to surrender his license to the department, and upon his failure or refusal to do so, the department shall have the right to seize the license. B. The department shall not be required to certify any record, file …

The operation or maintenance of an unlicensed clinical laboratory in violation of this article is declared a nuisance inimical to the public health, welfare and safety. The director, in the name of the people of the state, through the attorney general, may, in addition to other r…

A person is guilty of a class 3 misdemeanor if he: 1. Operates, maintains, directs or engages in the business of operating a clinical laboratory without a current license issued pursuant to this article. 2. Accepts blood or specimens for tests from and makes reports to persons wh…

1. "Department" means the department of health services. 2. "Director" means the director of the department. 3. "Transitional housing facility" means a temporary living arrangement for an individual who, after participating in a prerelease transitional program while incarcerated,…