Title 23 — Health and Safety

After July 1, 1947, no person, partnership, association, corporation, limited liability company, county or municipal corporation, or agency thereof, which maintains and operates organized facilities for the diagnosis, treatment, or care of two or more nonrelated persons suffering…

1. Notwithstanding sections 23-16-06 and 23-16-10, except when a facility reverts basic care beds to nursing facility beds or relicenses nursing facility beds delicensed after July 31, 2011, nursing facility beds may not be added to the state's licensed bed capacity during the pe…

Institutions subject to this chapter which are already in operation at the time of enactment of this chapter must be given a reasonable time, not to exceed one year from the date of the enactment of this chapter, within which to comply with the rules, regulations, and minimum sta…

Applicants for license shall file applications under oath with the department of health and human services upon forms prescribed. Applications must be signed by the owner, or in the case of a corporation by two of its officers, or in the case of a county or municipal unit by the …

Licenses issued hereunder expire one year after date of issuance or upon such uniform dates annually, as the department of health and human services may prescribe by rule. Licenses must be issued only for the premises and persons named in the application and are not transferable …

The department of health and human services shall make or cause to be made such inspections as may be prescribed by regulation. The department of health and human services may prescribe by regulations that any licensee or prospective applicant desiring to make a substantial alter…

1. The department of health and human services shall issue licenses for the operation of institutions subject to this chapter which are found to comply with the provisions of this chapter and rules adopted by the department. The department of health and human services may suspend…

This chapter may not be construed in any way to restrict or modify any law pertaining to the placement and adoption of children or the care of unmarried mothers.

No hospital providing maternity care may in any way offer to dispose of any child or advertise that it will give children for adoption or hold itself out, directly or indirectly, as being able to dispose of children, however, such hospitals may inform an unmarried mother of child…

Irrespective of the type of distribution system used, no person may refuse to allow a resident of a nursing home, as defined in subsection 3 of section 43-34-01, to choose a pharmacist of the resident's choice for the compounding and dispensing of drugs pursuant to chapter 43-15.

Information other than reports relating to vital statistics received by the department of health and human services through inspection or otherwise, authorized under this chapter are confidential and may not be disclosed publicly except in a proceeding involving the question of l…

An appeal denying an application for a license to operate a medical hospital or related institution, or suspending or revoking a license, or denying an application for a construction project must be taken to the office of administrative hearings in the manner provided in chapter …

1. Any person establishing, conducting, managing, or operating any institution subject to this chapter, without first obtaining a license as required by this chapter, or who violates any of the provisions of this chapter is guilty of an infraction. 2. In addition to any criminal …

The department of health and human services, in accordance with the laws of the state governing injunctions and other process, may maintain an action in the name of the state against any person, partnership, association, corporation, or limited liability company for establishing,…

Repealed by omission from this code.

No hospital, physician, nurse, hospital employee, nor any other person is under any duty, by law or contract, nor may such hospital or person in any circumstances be required to participate in the performance of an abortion, if such hospital or person objects to such abortion. No…

1. Unless it is medically inadvisable, a hospital shall allow a pregnant patient to arrange for the blood extracted from the umbilical cord of the patient's newborn child to be donated to a public cord blood bank. A patient who agrees to donate cord blood to a public cord blood b…

1. As used in this section: a. "Hospital" means an entity required to obtain a license under section 23-16-01. b. "Sexual assault" has the same meaning as provided under section 12.1-20-07. c. "Victim of sexual assault" means an individual who: (1) States a sexual assault has bee…

1. Before a hospital refers a patient to an air ambulance service provider or initiates contact with an air ambulance service provider for air transport of the patient, the hospital shall inform the patient, or the patient's representative, of the air ambulance service provider's…

1. As used in this section: a. "Continuing medical education" means continued postgraduate medical education required by the North Dakota board of medicine intended to educate medical professionals about new developments in the medical field. b. "Maintenance of certification" mea…

A hospital may not deny health care treatment or services to an individual based on that individual's severe acute respiratory syndrome coronavirus 2, identified as SARS-CoV-2 (COVID-19) vaccination status.