Title 23 — Health and Safety
97 chapters · 659 sections in this title.
N.D.C.C. § 23-07.5-01 Definitions
2.5K chars
In this chapter, unless the context otherwise requires: 1. "Bloodborne pathogen" means a micro-organism that is present in human blood or in other bodily fluid or tissue which can cause a disease in humans, including the hepatitis B virus, the hepatitis C virus, and the human imm…
N.D.C.C. § 23-07.5-02 Informed consent for testing - Exception
6.5K chars
1. Except when testing is otherwise permitted by law, a health care provider, blood bank, blood center, or plasma center may not subject an individual who is the source of an exposure to a test for bloodborne pathogens unless the subject of the test or the subject's personal repr…
N.D.C.C. § 23-07.5-03 Written consent to disclosure
0.0K chars
Repealed by S.L. 2003, ch. 211, § 27.
N.D.C.C. § 23-07.5-04 Record maintenance
0.5K chars
A health care provider who collects a specimen of body fluids or tissues for the purpose of testing for the presence of bloodborne pathogens caused by an exposure shall obtain from the test subject or the test subject's personal representative if the subject is a minor or is inca…
N.D.C.C. § 23-07.5-05 Confidentiality of test results
0.0K chars
Repealed by S.L. 2003, ch. 211, § 27.
N.D.C.C. § 23-07.5-06 Expanded disclosure of test results prohibited
1.1K chars
1. The results of a test for bloodborne pathogens may be disclosed only to the individual who was tested; to an exposed individual for whom a test was conducted; and to the exposed individual's health care provider as provided by this chapter, and as permitted under title 45, Cod…
N.D.C.C. § 23-07.5-07 Civil liability
0.3K chars
An individual who knowingly violates section 23-07.5-06 is liable to the subject of the test for actual damages and costs plus exemplary damages. A conviction for violation of this chapter is not a condition precedent to bringing an action under this section.
N.D.C.C. § 23-07.5-08 Penalty
0.2K chars
A person who knowingly discloses the results of a blood test in violation of this chapter is guilty of a class C felony, if the offense is committed with intent to disclose the identity of the individual who was tested.