Title 23, Health and Safety

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. An officer, employee, or agent of an emergency medical services operation and a physician licensed in this state who provides medical direction to an emergency medical services operation, who is a volunteer, who in good faith renders emergency care, services, or medical direct…

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…

1. The department shall adopt rules prescribing minimum training, testing, certification, licensure, and quality review standards for emergency medical services personnel, including community emergency medical services personnel, instructors, and training institutions. 2. Rules a…

Emergency medical services professionals who are employed by a hospital may provide patient care within a scope of practice established by the department. Under this section, these emergency medical services professionals must be supervised by a hospital designated physician, phy…

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. Emergency medical service operations licensed under this chapter as a basic life support or advanced life support ambulance service for which a territory has been assigned pursuant to this chapter does not include a city with a population greater than six thousand five hundred…

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…

1. A person, other than a law enforcement officer or medical practitioner, who finds a disabled person shall make a reasonable effort to notify a law enforcement officer. If a law enforcement officer or medical practitioner is not present, a person who finds a disabled person may…

A person who, with intent to deceive, provides, wears, uses, or possesses a false identifying device or identification card of the type described in subsection 2 of section 23-28-02 is guilty of a class B misdemeanor.

The duties imposed by this chapter are in addition to, and not in limitation of, other duties existing under the law of this state.

This chapter must be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.

This chapter may be cited as the Uniform Duties to Disabled Persons Act.

In this chapter, unless the context or subject matter otherwise requires: 1. "Hospital" means an institution with an organized medical staff, permanent facilities including inpatient beds, medical services including physician services and continuous nursing services, to provide d…

1. The board of county commissioners of any county, or two or more boards of county commissioners acting jointly, shall, when requested to do so by petition of twenty percent of the qualified electors of the area to be included in a proposed hospital district, as determined by th…

Following the passage of the resolution of the board of county commissioners, the county auditor shall designate a time and place for a public meeting of all electors residing within the boundaries of the district as fixed by the resolution of the board of county commissioners. N…

At the time and place fixed by the county auditor for the public meeting as provided in section 23-30-03, the electors residing within the boundaries of the district shall, by approval of a majority of those present, establish election procedures and elect a board of directors of…

A regular meeting of the electors who are owners of any interest in real property assessed for taxation in the district and who are residing within the boundaries of a district must be held each calendar year at a time determined by the board of directors and special meetings may…

The board of directors has the following general powers: 1. To make an annual estimate of the probable expense for operating the district. 2. To annually certify such estimate to the proper county auditor or auditors in the manner provided by section 23-30-07. 3. To manage and co…

The board of directors shall annually estimate the probable expense for operating the hospital district. The estimate must be certified by the president and secretary to the proper county auditor or county auditors, on or before June thirtieth of each year. In the year for which …

No district may become indebted for an amount that may not be payable from twenty annual maximum tax levies as authorized by section 23-30-07. Within the limits herein authorized, the district shall have power to borrow money and to issue appropriate evidence of indebtedness ther…

The following must be deposited in a state or national bank qualified as a depository for public funds to the credit of the district fund and may be drawn out only by warrant: 1. All funds collected on behalf of the district through the levy of taxes. 2. All income and earnings o…

Any hospital district may enter into a contract with a hospital or with another district to consolidate or cooperate for mutual purposes, including, but not limited to, ambulance or emergency vehicle services, or may enter into a contract with any federal, state, or local governm…

1. Any territory which is adjacent to the boundary of an existing hospital district may be annexed to such district in the manner hereinafter provided. 2. The proceedings for the annexation, referred to in subsection 1, may be initiated by the presentation to the county auditor o…

As used in this chapter: 1. "Health care organization" means: a. A hospital; b. A hospital medical staff; c. A clinic; d. A long-term or extended care facility; e. An ambulatory surgery center; f. An emergency medical services unit; g. A physician; h. A group of physicians operat…

1. Peer review records are confidential and may be used by a peer review organization and the organization members only for conducting a professional peer review. 2. A health care organization may release reports, data compilations, analyses, and summaries, which are prepared by …

Any report, data, data compilation, analyses, or summary that is generated by a peer review organization and made available to the department of health and human services or the public by the department of health and human services, the North Dakota hospital association, or the N…

1. Peer review records are privileged and are not subject to subpoena or discovery or introduction into evidence in any civil or administrative action, except: a. Records gathered from an original source that is not a peer review organization; b. Testimony from any person as to m…

1. A peer review organization shall report to an investigative panel of the North Dakota board of medicine any information that indicates a probable violation of subdivision d, e, p, or q of subsection 1 of section 43-17-31. 2. A health care organization is guilty of a class B mi…

This chapter does not relieve any health care provider of any liability that the provider has incurred or may incur to a patient as a result of furnishing health care services to the patient.

1. A person furnishing peer review records to a peer review organization with respect to any patient examined or treated by a health care provider is not, by reason of furnishing the records, liable in damages to any person or for willful violation of a privileged communication. …

As used in this chapter, unless the context otherwise requires: 1. "Board of health" means a district, county, city, or tribal board of health. 2. "Department" means the department of health and human services. 3. "Governing body" means, as applicable, a city commission, city cou…

1. All land in the state must be in a public health unit. 2. At a minimum, a public health unit shall provide the following core functions: a. Communicable disease control, which must include: (1) Conducting of disease surveillance for the purpose of preventing and controlling co…

An Indian nation that occupies a reservation the external boundaries of which border more than four counties may form a health district or public health department as provided in this chapter. A tribal public health unit and bordering public health units shall collaborate regardi…