Title 23, Health and Safety

In sections 23-12-09 through 23-12-11, unless the context or subject matter otherwise requires: 1. "Bar" means a retail alcoholic beverage establishment licensed under chapter 5-02 that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and…

1. In order to protect the public health and welfare and to recognize the need for individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of: a. Public places; and b. Places of employment. 2. Smoking is prohibited within twenty feet [6.10 meters] of en…

charters 1. State agencies with statutory jurisdiction over a state-owned building or office shall enforce section 23-12-10. These agencies include the fire marshal department, department of health and human services, legislative council, and office of management and budget. 2. A…

1. The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Act shall: a. Clearly and conspicuously post no smoking signs or the international no smoking symbol in that place. b. Clearly and conspicuousl…

This Act shall be construed liberally so as to further its purposes. The provisions of this Act are declared to be severable. If any provision, clause, sentence, or paragraph of this Act, or its application to any person or circumstances, shall be held invalid, that invalidity sh…

1. An individual who smokes in an area in which smoking is prohibited under section 23-12-10 is guilty of an infraction punishable by a fine not exceeding fifty dollars. 2. Except as otherwise provided in subsection 5 of section 23-12-10, an owner or other person with general sup…

Pursuant to the Health Care Quality Improvement Act of 1986 [Pub. L. 99-660, Title IV; 100 Stat. 3784; 42 U.S.C. 11101 et seq.], providing for a limitation on damages for professional review actions, the provisions of that Act are effective in this state.

1. For purposes of this section: a. "Incapacitated patient" means an adult unable to understand and appreciate the nature and consequence of a health care decision, including the benefits, harms, and reasonable alternatives to proposed health care, and unable to communicate a hea…

1. As used in this section, "health care provider" means a licensed individual or licensed facility providing health care services. Upon the request of a health care provider's patient or any person authorized by a patient, the provider shall provide a free copy of a patient's he…

If a state agency uses state funds to provide free medical equipment to an individual, that state agency shall establish a policy addressing the possible reuse, recycling, or resale value of the medical equipment upon replacement of the medical equipment by that state agency or u…

A woman may breastfeed her child in any location, public or private, where the woman and child are otherwise authorized to be.

1. An employer may use the designation "infant friendly" on its promotional materials if the employer adopts a workplace breastfeeding policy that includes the following: a. Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for e…

1. If a medical facility or provider in this state has a performance review that results in the receipt of a rating, and at any time pays a fee to the person completing the rating, the medical facility or provider shall include a public notice in any promotional or marketing acti…

1. As used in this section: a. "Health information organization" means the health information exchange created under chapter 54-59. b. "Individually identifiable health information" has the meaning set forth in title 45, Code of Federal Regulations, section 160.103. 2. An individ…

1. Neither a state government entity nor any of its political subdivisions, agents, or assigns may: a. Require documentation, whether physical or electronic, for the purpose of certifying or otherwise communicating the following before providing access to property, funds, or serv…

A health-related regulation of an international health organization is not enforceable in this state unless enacted through legislation or a signed executive order.

The department of health and human services shall prominently display, on a website maintained by the department, a link to the federal vaccine adverse event reporting system, along with instructions on how to report an adverse event and how to access state-specific data. The dep…

1. Notwithstanding any other provision of law, a state agency, political subdivision, or any other government entity may not require an individual to take or receive a vaccine or similar product used to prevent a disease, unless there is a procedure made available for an opt-out …