Title 23, Health and Safety

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 …

In this chapter, unless the context and subject matter otherwise require: 1. "Filling station" means all places of whatever character or description where gasoline, other inflammable liquids, or compressed natural gas are sold at retail for use in motor vehicles. 2. "Motor vehicl…

No person other than the owner or operator of a filling station or a regular bona fide employee or authorized attendant of such owner or operator may fill, wholly or partly, with gasoline or other inflammable liquid at a filling station, any fuel tank of a motor vehicle or any ba…

As used in sections 23-13-02.1 through 23-13-02.7, unless the context requires otherwise: 1. "Fire marshal" means the fire marshal of the state of North Dakota. 2. "Person" means any individual, corporation, limited liability company, company, firm, association, trust, or benefic…

It is lawful for any person to own, operate, or engage in the business of operating self-service motor fuel dispensing units or self-service motor fuel dispensing facilities in this state, provided such operation is in accordance with the provisions of sections 23-13-02.1 through…

All self-service motor fuel dispensing facilities shall be maintained and operated in accordance with the following: 1. All laws, ordinances, rules, or regulations now applicable for sale and dispensing of motor fuels shall, to the extent applicable, apply to the operation of sel…

All self-service motor fuel dispensing units must be so constructed that their electrical pumping systems have an accessible switch or circuit breaker provided at a location remote from the dispensing device, including remote pumping systems, and accessible to the supervising att…

Unless an attendant is not required to be on the premises by subsection 2 of section 23-13-02.3, all self-service motor fuel dispensing facilities must, at all times, be in clear view of the attendant who must be able to communicate, by voice, with persons in the dispensing area.

With respect to any self-service dispensing facility it is unlawful to: 1. Use, operate, or install any coin-operated or currency-operated dispensing device in any self-service motor fuel dispensing facility. 2. Provide for or use living or residential facilities or accommodation…

Plans and specifications for any new self-service dispensing facility must be submitted to the fire marshal for approval. This does not include conversion of existing facilities for dispensing of motor fuel to self-service dispensing facilities.

Any person who violates any provision of sections 23-13-02 through 23-13-02.7, or any rule or regulation of the fire marshal made pursuant thereto, or who, if an owner or operator of a filling station, permits such violation, is guilty of a class B misdemeanor.

As used in sections 23-13-03.1 through 23-13-03.5, unless the context clearly requires otherwise: 1. "Liquefied petroleum gas" means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal buta…

It is unlawful for any person except the owner or the owner's authorized agent to fill, drain, or refill a liquefied petroleum gas container; or buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered, or otherwise use a liquefied petroleum gas container i…

The use of a container by any person other than an authorized agent of the person whose name, mark, initial, or identifying device is or was on the container without written consent or purchase of the marked and distinguished container for the sale of liquefied petroleum gas or f…

Contractors engaged in construction projects for the building, replacement, or repair of roads, streets, alleys, or parking lots are exempt from the provisions of sections 23-13-03.1 through 23-13-03.5.

Any person who violates any provision of sections 23-13-03.1 through 23-13-03.5 is guilty of a class B misdemeanor for each separate offense.

All doors of ingress and egress in all schoolhouses and churches within the limits of any city and in all other buildings used for public assemblages of any character in this state, including theaters, public halls, city halls, courthouses, factories, hotels, and all other public…

All persons owning or having charge of any building described in section 23-13-04, including trustees and members of boards of directors and boards of education, shall see that the provisions of such section are complied with. Any person who fails to comply with the provisions of…

Any person owning or occupying lands in this state upon which is located any abandoned or disused well or shaft shall cause such well or shaft to be filled with earth or stones so as to obviate any possible menace to the safety of persons or property. Any person violating the pro…

The overseer of highways shall cause to be filled or covered, as provided in section 23-13-06, any and all wells situated on any United States lands, state lands, or common school lands within the overseer's district. The overseer shall receive such compensation, payable out of t…

If any individual, firm, corporation, or limited liability company owning or occupying lands neglects or refuses to comply with the provisions of section 23-13-06, the overseer of highways of the district in which the land is located shall serve a written notice on such owner or …

The board of county commissioners is hereby authorized to designate a county safety council or director whose duty it is to give assistance and to cooperate with other agencies and organizations engaged in the promotion of general safety in the respective counties.

No person may sell or offer for sale in this state a carbonated or noncarbonated soft drink, beer, other malt beverage, tea, or fruit or vegetable drink in liquid form and intended for human consumption contained in an individual sealed metal container designed and constructed so…

1. All residential rental property with the exception of property covered by section 23-09-02.1 must be equipped with smoke detection systems or other approved alarm systems for the protection of occupants of the property. Systems must be installed and maintained in compliance wi…

Subject to local zoning ordinances, a business selling petroleum products for dispensing into motor vehicles may utilize aboveground tanks with a maximum capacity not exceeding nineteen thousand gallons [71922.6 liters] for the storage of petroleum products. No business selling p…

1. The term fireworks means any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation. The term includes any blank c…

Except as otherwise provided in this chapter, no person may offer for sale, expose for sale, sell at retail, bring into this state or cause to be brought into this state, or use or explode any fireworks.

This chapter does not prohibit supervised public displays of fireworks by cities, fair associations, amusement parks, and other organizations. Except when such display is given by a municipality or fair association within its own limits, no display may be given unless a permit th…

1. This chapter does not prohibit: a. A licensed wholesaler, dealer, or jobber from selling at wholesale fireworks that are not prohibited. b. The sale of any kind of fireworks for shipment directly out of the state. c. The use of fireworks by transportation agencies for signal p…

The state fire marshal or any sheriff, police officer, or local fire marshal shall seize, take, remove, or cause to be removed at the expense of the owner all fireworks or combustibles offered or exposed for sale, stored, or held for use in violation of this chapter.

Any person violating the provisions of this chapter is guilty of a class B misdemeanor.

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,…

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…