Title 23 — Health and Safety

The chiropractic board of examiners shall request the governor to appoint an advisory committee consisting of the commissioner of the department of health and human services or designee, one chiropractic hospital superintendent, and one person interested in chiropractic hospitals…

Information received by the state board of chiropractic examiners through inspections and authorized under this chapter is confidential and may not be disclosed except in a proceeding involving the question of licensure.

Any person establishing, conducting, managing, or operating any chiropractic hospital or sanatorium within the meaning of this chapter, without first obtaining a license therefor as herein provided, or who violates any provision of this chapter or regulation thereunder, is guilty…

In this chapter, unless the context otherwise requires, the term: 1. "Burial park" means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes. 2. "Cemetery" means any one, or a combination of more than on…

The governing body of any municipality may, by ordinance and under such rules and regulations as it may adopt, provide for the disinterring and removal of all human remains from any cemetery which is within the municipality, or owned and controlled by the municipality and located…

The board of county commissioners of any county may, by resolution and under such rules and regulations as it may adopt, order the disinterring and removal of all human remains from any cemetery which is within the county and outside the boundaries of any municipality, whenever t…

The cemetery authority of any cemetery from which human remains are ordered removed by a municipal ordinance or county resolution adopted in accordance with this chapter, shall declare its intention and purpose to disinter and remove the remains in accordance with such movement o…

Any resolution or declaration of intention to disinter and remove human remains pursuant to this chapter adopted or declared by any cemetery authority must specify and declare that at any time after the expiration of six months from and after the first publication of the notice o…

Notice of a declaration of intention to remove the human remains from all or any part of any cemetery must be given by publication in a newspaper of general circulation published in the municipality or county in which the cemetery or the portion from which removals are to be made…

The notice must be entitled "Notice of Declaration of Intention to Remove Human Remains from __________ (insert name of cemetery) in accordance with the provisions of __________ (insert authority such as ordinance, resolution, or statute) of the __________ (insert name of municip…

Copies of the notice must, within ten days after the first publication, be posted in at least three conspicuous places in the cemetery or the portion from which removals are to be made.

A copy of the notice must be mailed to every person who owns, holds, or has the right of interment in any plot in the cemetery or part affected, whose name appears upon the records of the cemetery. The notice must be addressed to the last-known post-office address of the plot own…

The notice must also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if the person's address is known. If the heirs of any person whose remains are interred in the cemetery are unknown or cannot be found, the publication of the…

At any time before the date fixed for the removal of remains by the cemetery authority, any relative or friend of any person whose remains are interred in the cemetery from which removals are to be made may give the cemetery authority written notice that the person desires to be …

At any time prior to the removal by a cemetery authority of the remains of any person, any relative or friend of the decedent may voluntarily remove and dispose of the remains. The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority an …

Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any of the following: 1. The purchaser or owner of the plot. 2. The purchaser or owner of the right of interment in the plot. 3. Any one of joint purchasers or owners of the plot or of…

If the right, title, or interest of any grantee of any plot or of the right of interment therein has passed by succession to the heir or heirs at law of the grantee without distribution by order of court, the heir or heirs at law may remove the remains of persons interred in the …

Whenever remains are removed by a relative or friend of a decedent, under the provisions of this chapter, the person causing the removal is entitled to remove any vault, monument, headstone, coping, or other improvement appurtenant to the interment space from which the remains ha…

After the completion of notice, and after the expiration of the period of six months specified in the notice, any cemetery authority may cause the removal of all human remains interred in the cemetery or portion from which the remains have been ordered removed, and may reinter su…

Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains h…

After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority shall file for record in the office of the county recorder of the county or municipality in which the lands are situated a written declaration reciting that all …

Money payable or to become payable as the purchase price or on account of the purchase price of unused cemetery lands, or lands from which all remains have been removed is not subject to garnishment, attachment, or execution, but must be used exclusively for any or all of the fol…

Whenever any cemetery corporation, limited liability company, or association has declared for removal and has published notice of its intention to make removals under this chapter, it may employ any money in its treasury to defray the expense of removal, including: 1. The expense…

From the money remaining in the treasury of the cemetery corporation, limited liability company, or association after completing the removal and reinterment of the remains from its cemetery lands and the payment of all incidental expenses, the cemetery corporation, limited liabil…

For the purposes of this chapter, "cancer" means all malignant neoplasms regardless of the tissue of origin, including malignant lymphoma and leukemia. 23-23-02. Prohibition against prescription, treatment, sale, or distribution of cancer cure. No person other than a licensed phy…

It is the duty of the department of health and human services to enforce the provisions of this chapter, and for that purpose the investigators, inspectors, representatives, and agents of the department of health and human services shall have the full power and authority of peace…

Any person who violates any provision of this chapter is guilty of a class A misdemeanor.

As used in this chapter unless the context or subject matter otherwise provides: 1. "Board" means the board of commissioners of a vector control district. 2. "Department" means the department of health and human services. 3. "Health officer" means the state health officer. 4. "Po…

The area or areas to be included in the district must contain the territory described in the petition for the creation or modification thereof. However, the council, upon its own motion or upon the request of the board of commissioners, shall consider and may include within the b…

A certified copy of the order establishing or modifying a vector control district must be filed with the county auditor of each county within which any portion of the district lies and like copy of the order must be filed in the office of the secretary of state. The secretary of …

The treasurer of the district must be bonded in an amount required by the board of commissioners but the bond may not be less than one thousand dollars. Other district employees must be bonded in an amount determined by the board. Every officer or employee of whom a bond is requi…

The board of commissioners of a vector control district may: 1. Declare, by resolution, that a potential or emergency health hazard exists and take all necessary and proper steps and measures for the eradication of public health vectors causing a potential or emergency health haz…

When a vector control district has been created and a board of commissioners has been organized, the board shall estimate the expenses of the district from the date of its establishment until the end of the ensuing fiscal year and before July first in each year and thereafter sha…

For the purpose of this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Emergency medical services" means the prehospital medical stabilization or transportation, including interfacility transportation, of an …

The fee for an emergency medical services operation license to operate an emergency medical services operation or a substation ambulance services operation must be set at a sum of not more than twenty-five dollars annually, as may be required to defray the costs of administration…

1. An emergency medical services operation may not operate unless licensed under this chapter. The department shall adopt rules for standards for operators which must include: a. Time when operator's services must be available; b. Requirements for services to ensure a reliable re…

1. The department shall create and maintain a primary call list and a secondary call list of air ambulance service providers operating in this state. 2. To qualify to be listed on the primary call list, an air ambulance service provider shall submit to the department attested doc…

The department of health and human services shall assist in the training of emergency medical services personnel of certain emergency medical services operations as determined by the department and financially shall assist certain emergency medical services operations as determin…

Expired under S.L. 2001, ch. 246, § 14.

Department licensure as a quick response unit is not optional. The department's standards under section 23-27-04 for the time when a quick response unit's services must be available may not require twenty-four hour availability.

The board of county commissioners of every county in this state shall conduct an annual review of the emergency medical services coverage within that county and shall submit an annual report in a format approved by the department of health and human services. A taxing district th…

The department may regulate the primary communications methods and protocols for emergency medical services operations while permitting secondary communications through other devices, including cell phones. The regulations must be consistent with the protocols established by the …

1. A licensed or certified emergency medical services personnel working for a hospital or an emergency medical services operation may administer a vaccine to an individual who is at least eighteen years of age if: a. The physician providing oversight for the emergency medical ser…

Any person violating the provisions of this chapter is guilty of an infraction.

The department may require an applicant for emergency medical services personnel licensure to submit to a statewide and nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided by section 12-60-24. All costs a…

1. For purposes of this section, "ambulance service provider" means a service entity licensed under chapter 23-27 as a basic life support or advanced life support ambulance service. The term does not include an air ambulance provider. 2. An ambulance service provider may not coll…

In this chapter: 1. "Disabled condition" means the condition of being unconscious, semiconscious, incoherent, or otherwise incapacitated to communicate. 2. "Disabled person" means a person in a disabled condition. 3. "The emergency symbol" means the caduceus inscribed within a si…

1. A person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness that causes temporary blackouts, semiconscious periods, or complete unconsciousness, or who suffers from a condition requiring specific medication or medical treatment, is allergic …

1. A law enforcement officer shall make a diligent effort to determine whether any disabled person the officer finds is an epileptic or a diabetic, or suffers from some other type of illness that would cause the condition. Whenever feasible, this effort must be made before the pe…

1. A medical practitioner, in discharging the medical practitioner's duty to a disabled person whom the medical practitioner has undertaken to examine or treat, shall make a reasonable search for an identifying device or identification card of the type described in subsection 2 o…