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.
23-01-05.1. Organ or tissue transplant assistance administration - Standing appropriation. The department of health and human services shall select a private nonprofit patient- oriented organization incorporated in this state for the purpose of administering financial assistance to organ or tissue transplant patients who are residents of this state. The department of health and human services shall adopt rules governing administration of this section. The organization selected shall administer and provide grants from available funds to alleviate demonstrated financial needs of transplant patients for any costs associated with transplant operations, under guidelines based on current social service eligibility requirements. There is hereby created as a special fund in the state treasury an organ transplant support fund, the principal and income of which is hereby appropriated to the organization selected under this section. The organization administering the fund may solicit contributions from private or governmental sources and such contributions may be deposited in the fund.
23-01-05.2. Epinephrine prescription, distribution, possession, or use - Immunity from liability. 1. As used in this section: a. "Epinephrine" means a single-use disposable device that automatically injects a premeasured dose of epinephrine. b. "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. 2. A health care professional acting in good faith may directly or by standing order prescribe, distribute, or dispense epinephrine, if the health care professional provides training to: a. An individual at risk of experiencing a severe allergic reaction; or b. A family member, friend, or other person in a position to assist an individual at risk of experiencing a severe allergic reaction. 3. A person acting in good faith may receive or possess epinephrine if that person is: a. An individual at risk of experiencing a severe allergic reaction; or b. A family member, friend, or other person in a position to assist an individual at risk of experiencing a severe allergic reaction. 4. An individual acting in good faith may self-administer epinephrine or administer epinephrine to another individual who the administering individual suspects is at risk of experiencing a severe allergic reaction. 5. A person may receive, possess, or administer epinephrine under subsection 3 or 4, regardless of whether the person is the individual for or the person to which the epinephrine is prescribed, distributed, or dispensed. A person in possession of epinephrine which is acting in good faith may provide training on how to use epinephrine.
6. A health care professional who prescribes, distributes, trains on the use of, or dispenses epinephrine 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. 7. A person that prescribes, distributes, dispenses, receives, possesses, trains in the use of, or administers epinephrine as authorized under this section is immune from civil and criminal liability for such action. This subsection provides immunity to the person responsible for the site on which the epinephrine is located. Immunity from liability or discipline under this subsection does not apply if the person's actions constitute recklessness, gross negligence, or intentional misconduct.