Duty of physicians and others to report injury - Penalty

N.D.C.C. § 43-17-41 — under Physicians, Resident Physicians, and Physician Assistants.

N.D.C.C. § 43-17-41

1. Any physician, physician assistant, naturopath licensed under chapter 43-58, acupuncturist licensed under chapter 43-61, or any individual licensed under chapter 43-12.1 who performs any diagnosis or treatment for any individual suffering from any wound, injury, or other physical trauma: a. Inflicted by the individual's own act or by the act of another by means of a knife, gun, or pistol shall as soon as practicable report the wound, injury, or trauma to a law enforcement agency in the county in which the care was rendered; or b. Which the individual performing diagnosis or treatment has reasonable cause to suspect was inflicted in violation of any criminal law of this state, shall as soon as practicable report the wound, injury, or trauma to a law enforcement agency in the county in which the care was rendered. 2. The report under subsection 1 must state the name of the injured individual and the character and extent of the individual's injuries, except when the individual's physical injury is the result of a sexual offense, as defined in chapter 12.1-20, in which case the individual's name, address, and any identifying information may not be included in the report without the individual's written release. 3. When a report of domestic violence, as defined in section 14-07.1-01, or a report of physical injury resulting from a sexual offense, as defined in chapter 12.1-20, is made to a law enforcement agency as required by this section, the injured individual must be provided with information regarding a domestic violence sexual assault organization as defined in section 14-07.1-01 or other victims' assistance program by the physician, physician assistant, naturopath, acupuncturist licensed under chapter 43-61, or any individual licensed under chapter 43-12.1, unless it is known that the information has previously been provided to the injured individual. 4. The reports mandated by this section must be made as soon as practicable and may be either oral or in writing. Oral reports must be followed by written reports within forty-eight hours if so requested by the sheriff or state's attorney to whom the oral report is originally made. 5. Any individual required to report as provided by this section who willfully fails to do so is guilty of an infraction. 6. Any individual making or not making a report in good faith pursuant to this section is immune from liability for making or not making a report. 7. Reports made under this section are exempt records as defined by section 44-04-17.1.

43-17-42. Employment of physicians by hospitals, nonprofit entities, and charitable trusts. Notwithstanding any other provision of law, a hospital licensed under chapter 23-16, nonprofit entity, or charitable trust may employ directly or indirectly a physician if the employment relationship between the physician and hospital, nonprofit entity, or charitable trust is evidenced by a written contract. The written contract must contain language to the effect the employment relationship with the physician may not affect the exercise of the physician's independent judgment in the practice of medicine, and the physician's independent judgment in the practice of medicine is in fact unaffected by the physician's employment relationship with the hospital, nonprofit entity, or charitable trust. Under this section the hospital, nonprofit entity, or charitable trust is not engaged in the practice of medicine.