Title 23 — Health and Safety
97 chapters · 659 sections in this title.
N.D.C.C. § 23-39-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Phototherapy device" means equipment that emits ultraviolet radiation and is used in treating disease. 3. "Tanning device" means equipment that e…
N.D.C.C. § 23-39-02 Permit - Fee
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1. A person may not operate a tanning facility without a permit issued by the department under this chapter. The holder of a permit shall display the permit in a conspicuous place at the tanning facility for which the permit is issued. Permits issued under this chapter expire ann…
N.D.C.C. § 23-39-02.1 License fees
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The fees established by the department must be based on the cost of conducting routine and complaint inspections, enforcement actions, and preparing and sending license renewals. License fees collected pursuant to this chapter must be deposited in the department's operating fund …
N.D.C.C. § 23-39-03 Advertising - Notice - Warning sign - Tubes - Prohibited claims
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1. A tanning facility may not state in any advertising that the tanning facility holds a license or permit issued by the department to operate a tanning facility. 2. A tanning facility shall give to each of the tanning facility's customers written notice of the following: a. Fail…
N.D.C.C. § 23-39-04 Liability
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A tanning facility's compliance with this chapter does not relieve the owner or any employee of the tanning facility from liability for injury sustained by a user of a tanning device.
N.D.C.C. § 23-39-05 Duties
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1. The owner of a tanning facility shall ensure that all of the following are fulfilled: a. A customer under eighteen years of age may not be permitted to use the tanning facility until the customer provides the facility with written consent, in a form prescribed by the departmen…
N.D.C.C. § 23-39-06 Injury reports
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If a customer of a tanning facility reports a sunburn injury to that facility resulting from the use of its tanning device, the owner shall provide the customer with written information on how to report the alleged injury to the department of health and human services. If a healt…
N.D.C.C. § 23-39-07 Enforcement - Rules - Penalty
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The department shall enforce this chapter and shall adopt rules necessary to implement this chapter. The department may deny issuance of a permit to an applicant or suspend or revoke any permit issued under this chapter if the applicant or permitholder, or an employee of the appl…