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North Dakota Statutes, Title 23

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North Dakota/Statutes

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Title 23, Health and Safety

97 chapters · 685 sections in this title.

All chapters in Title 23685 Ch 23-01, Health Division42 Ch 23-11, Housing Authorities Law37 Ch 23-06, Care and Custody of Dead33 Ch 23-02.1, Health Statistics Act32 Ch 23-07, Reportable Diseases30 Ch 23-13, Safety Regulations24 Ch 23-06.6, Uniform Anatomical Gift Act24 Ch 23-21, Disinterment and Removal of Bodies i…23 Ch 23-09, Food and Lodging Establishments and …22 Ch 23-12, Public Health, Miscellaneous Provisions22 Ch 23-16, Licensing Medical Hospitals20 Ch 23-06.5, Health Care Directives20 Ch 23-10, Mobile Home Parks, Trailer Parks, an…17 Ch 23-27, Emergency Medical Services Operation…17

12 sections·Filtered byTitle 23✕Ch 23-07.6✕

N.D.C.C. § 23-07.6-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Communicable disease" means a disease or condition that causes serious illness, serious disability, or death, the infectious agent of which may pass or be carried, directly or indirectly, from the body of one per…
N.D.C.C. § 23-07.6-02 Confinement order - Penalty
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1. The state health officer or any local health officer may order any person or group into confinement by a written directive if there are reasonable grounds to believe that the person or group is infected with any communicable disease, the state health officer or local health of…
N.D.C.C. § 23-07.6-03 Procedures for isolation and quarantine
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The isolation and quarantine of an individual or groups of individuals shall be undertaken in accordance with the following procedures: 1. Temporary isolation and quarantine without notice. a. Authorization. The state or a local health officer, within that officer's jurisdiction,…
N.D.C.C. § 23-07.6-04 Place of confinement
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A respondent must be confined in a place designated in the written directive until the health officer who issued the written directive determines that the respondent no longer poses a substantial threat to the public health or until a court of competent jurisdiction orders the re…

N.D.C.C. § 23-07.6-05 Court hearing

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A hearing must be held on a petition filed under subsection 2 of section 23-07.6-03 within five days of filing the petition. For a good cause shown, the court may continue the hearing for up to ten days. A respondent has the right to a court hearing in the district court serving …

N.D.C.C. § 23-07.6-06 Notice of hearing

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Notice of the hearing must be given to the respondent and must inform the respondent of the respondent's right to counsel or counsel at public expense under this chapter and must include a copy of this chapter.

N.D.C.C. § 23-07.6-07 Access to records

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Before a hearing conducted under this chapter, the respondent, respondent's representative, or respondent's counsel, and the attorney for the state or local health officer must be afforded access to all records including hospital records if the respondent is hospitalized. If the …

N.D.C.C. § 23-07.6-08 Burden of proof

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At a hearing conducted under this chapter, the health officer who ordered confinement has the burden of showing by a preponderance of the evidence that the respondent is infected with a communicable disease, poses a substantial threat to the public health, and that confinement of…

N.D.C.C. § 23-07.6-09 Court findings and orders

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If the court finds by a preponderance of the evidence that the respondent is infected with a communicable disease, poses a substantial threat to the public health, and that confinement of the respondent is necessary and is the least restrictive alternative to protect or preserve …

N.D.C.C. § 23-07.6-10 Request to terminate or modify an order - Review of confinement orders

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A respondent may, at any time, request the court to terminate or modify an order of the court, in which case a hearing must be held in accordance with this chapter. Upon its own motion, the court may conduct a hearing to determine if the conditions requiring the confinement or re…

N.D.C.C. § 23-07.6-11 Closed hearing - Confidentiality of information

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At the request of the respondent, a hearing conducted under this chapter must be closed and any report, transcript, record, or other information relating to actions taken under this chapter must be kept confidential. Deidentified information may be released to the public under ch…

N.D.C.C. § 23-07.6-12 Right of appeal

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Any party aggrieved by an order of the district court under this section may appeal to the supreme court. An order of confinement continues in effect while the matter is on appeal.