Title 23, Health and Safety
97 chapters · 684 sections in this title.
N.D.C.C. § 23-07-01 Department - Collection of public health information
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The department of health and human services shall designate the diseases or conditions that must be reported. Such diseases or conditions may include contagious, infectious, sexually transmitted, or chronic diseases or any illness or injury which may have a significant impact on …
N.D.C.C. § 23-07-01.1 Reporting of physical or mental disorders
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The department of health and human services shall define disorders characterized by lapses of consciousness, gross physical or mental impairments for the purposes of the reports hereinafter referred to: 1. A physician or other health care provider may report immediately to the de…
N.D.C.C. § 23-07-01.2 Rules
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The department may adopt rules under chapter 28-32 for the efficient enforcement of this chapter.
N.D.C.C. § 23-07-02 Who to report reportable diseases
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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, nur…
N.D.C.C. § 23-07-02.1 Reports of human immunodeficiency virus infection - Penalty
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Every attending physician treating an individual known by the physician to have a diagnosis of human immunodeficiency virus infection, acquired immune deficiency syndrome, or human immunodeficiency virus-related illness, including death from human immunodeficiency virus infection…
N.D.C.C. § 23-07-02.2 Confidentiality of reports
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A report required by section 23-07-02.1 and held by the department of health and human services is confidential information. The information may not be disclosed, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or other…
N.D.C.C. § 23-07-02.3 Emergency reporting
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1. The state health officer may issue a temporary order for emergency reporting of disease conditions or information if the state health officer finds probable cause to believe there is a threat caused by an imminent or emerging condition affecting the public health, including ac…
N.D.C.C. § 23-07-03 Report of cases of sexually transmitted disease
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The superintendent of a hospital, dispensary, or charitable or penal institution, in which there is a case of sexually transmitted disease, or the superintendent's designee, shall report such case to the nearest health officer having jurisdiction. The report must be made in the f…
N.D.C.C. § 23-07-05 Local health officers to report reportable disease to department of health and human services
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At such time as may be required by the department of health and human services, each local health officer shall submit to such department, on blanks furnished by the department for that purpose, a summarized report of the reportable diseases reported to the health officer during …
N.D.C.C. § 23-07-06 Contagious or infectious diseases - Power of local board of health to quarantine
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Whenever a local board of health knows that a case of a contagious or infectious disease exists within its jurisdiction, the board immediately shall examine the facts of the case and may adopt such quarantine and sanitary measures as in its judgment tend to prevent the spread of …
N.D.C.C. § 23-07-07.5 Testing of inmates and convicted individuals for exposure to the human immunodeficiency virus - Reporting - Liability
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1. The following individuals must be examined or tested for the presence of antibodies to or antigens of the human immunodeficiency virus: a. Every individual convicted of a crime who is imprisoned for fifteen days or more in a grade one or grade two jail, a regional correctional…
N.D.C.C. § 23-07-07.6 Report of testing result of imprisoned individuals
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1. Notwithstanding any other provision of law, the department of health and human services or any other agency shall release the results of any testing for any reportable disease performed on an individual convicted of a crime who is imprisoned if the request is made by any indiv…
N.D.C.C. § 23-07-08 Persons in prison examined and treated for sexually transmitted diseases
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Every person convicted of a crime who is imprisoned fifteen days or more in a state, county, or city prison must be examined for sexually transmitted disease and, if infected, must be treated therefor by the health officer within whose jurisdiction the person is imprisoned.
N.D.C.C. § 23-07-09 Sexually transmitted diseases - Persons isolated in prison - Exceptions
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The prison authorities of any state, county, or city prison shall make available to the health officers such portion of the prison as may be necessary for a clinic or hospital wherein the following persons may be isolated and treated: 1. Persons who are imprisoned in the prison a…
N.D.C.C. § 23-07-10 Preventing infant blindness - Duty of physician or midwife
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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 r…
N.D.C.C. § 23-07-11 Duty of parent to report to health officer
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If one or both eyes of an infant becomes inflamed, swollen, or reddened, or shows any unnatural discharge or secretion at any time within two weeks after birth, and if no legally qualified physician is in attendance upon the infant at that time, the parents of the child, or in th…
N.D.C.C. § 23-07-12 Health officer to place reported infant in charge of physician
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Upon receipt of a report as provided for in section 23-07-11, the health officer shall direct the parents or whoever has charge of the infant suffering from inflammation, swelling, redness, or unnatural secretion or discharge of the eyes, to place it immediately in charge of a le…
N.D.C.C. § 23-07-12.1 Limitations on requirements to wear a mask
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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…
N.D.C.C. § 23-07-13 Contagious or infectious diseases - Local board may establish temporary hospital
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Each local board of health may provide such temporary hospital or place of reception for persons afflicted with any contagious or infectious disease as it judges best for their accommodation and the safety of the inhabitants. It may provide a means of transportation to such hospi…
N.D.C.C. § 23-07-14 Contagious or infectious diseases - Local board may destroy or disinfect infected clothing
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Any local board of health may cause to be destroyed any bed, bedding, clothing, carpets, or other articles which have been exposed to infection from a contagious or infectious disease and may allow reasonable compensation for the same. The board also may provide a proper place wi…
N.D.C.C. § 23-07-15 Removal of individual with reportable disease or condition - Removal of body of individual who died of reportable disease or condition - Prohibited - Declaration of emergency or disaster - Rulemaking authority
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1. Unless the person has a permit from the local board of health or department of health and human services, a person may not remove or cause to be removed from without this state into this state, from one building to another within this state, or from or to any railroad car or m…
N.D.C.C. § 23-07-16 Child having contagious or infectious disease prohibited from attending school - Exception
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Except as provided by section 23-07-16.1, no principal, superintendent, or teacher of any school, and no parent or guardian of any minor child, may permit any child having any significant contagious or infectious disease, or any child residing in any house in which any such disea…
N.D.C.C. § 23-07-16.1 School district to adopt policy relating to significant contagious diseases
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Each school district shall adopt a policy governing the disposition of children attending school within the school district, employees of the school district, or independent contractors under contract with the school district who are diagnosed as having a significant contagious d…
N.D.C.C. § 23-07-17.1 Inoculation required before admission to school
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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…
N.D.C.C. § 23-07-18 Physician to report death from contagious or infectious disease to local board of health
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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 twe…
N.D.C.C. § 23-07-19 Appropriation made on report showing action necessary to prevent spread of tuberculosis
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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 …
N.D.C.C. § 23-07-20 Board of county commissioners may appropriate money to prevent the spread of tuberculosis
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The board of county commissioners of any county in this state may appropriate county money and levy taxes within the county levy limitations for the purpose of paying for the services of visiting nurses or other necessary medical attention or advice in preventing the spread of tu…
N.D.C.C. § 23-07-20.1 Disclosure of records
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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 c…
N.D.C.C. § 23-07-21 Penalties
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Except as otherwise provided in this section, a person is guilty of an infraction: 1. Who violates or fails to obey any provision of this chapter, any lawful rule made by the department of health and human services, or any order issued by any state, district, county, or municipal…
N.D.C.C. § 23-07-22 Suicide fatality review commission
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1. The commissioner of the department of health and human services shall appoint the members of the suicide fatality review commission and select the presiding officer from the membership. Members serve at the pleasure of the commissioner. The commissioner may invite a temporary …