Title 23 — Health and Safety

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 …

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…

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.

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…

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…

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…

In this chapter unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Human service zone" means a county or consolidated group of counties administering human services within a designated area in accordance…

Services for children with special health care needs must be administered by the department in conformity with title 5, part 2, of the federal Social Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.].

The department, in administering this chapter, shall: 1. Cooperate with the federal government in the development of plans and policies for services for children with special health care needs. 2. Adopt rules and take any necessary action to entitle the state to receive aid from …

Within three days after the birth in this state of a child born with a visible congenital deformity, the medical hospital in which the child was born, or the legally qualified physician or other person in attendance at the birth of the child outside of a medical hospital, shall f…

The information contained in the report furnished to the department under section 23-39-04 concerning a child with a visible congenital deformity may be used by the department for the care and treatment of the child pursuant to this chapter. The report is confidential and is sole…

A human service zone shall: 1. Cooperate with the department in administering this chapter in its human service zone, subject to rules adopted by the department. 2. Make surveys and reports regarding children with special health care needs in the various counties to the departmen…

1. The department shall provide payment of a maximum of fifty thousand dollars per child per biennium for medical food and growth hormone treatment at no cost to individuals through age eighteen who have been diagnosed with Russell-Silver syndrome, regardless of income. If the de…

The department of health and human services shall establish and maintain a comprehensive stroke system for the state. The program must comply with this chapter; be based on department-approved, nationally recognized guidelines and protocols; and provide specific patient care and …

1. The department of health and human services shall establish a stroke system of care task force to address matters of triage, treatment, and transport of possible acute stroke patients. The stroke system of care task force must include representation from the department of heal…

1. This chapter is not a medical practice guideline and may not be used to restrict the authority of a hospital to provide services for which the hospital received a license under state law. Patients must be treated individually based on the needs and circumstances of each patien…

As used in this chapter, unless the context otherwise requires, the following definitions apply: 1. "Certified nurse aide" means an individual who is registered on the nurse aide registry and who has either successfully completed the requirements for the department-approved train…

1. The department shall establish and administer a nurse aide registry. The registry must include disciplinary findings, including findings of abuse, neglect, or misappropriation of property, and must include the eligibility of the individual to be employed. 2. The department sha…

Medication administration by an individual within a primary or secondary school under a program established under section 15.1-19-23 is exempt from the requirements of this chapter, if the individual has received education and training in medication administration and has receive…

1. If a health care professional is providing prenatal care to a patient, the health care professional may inform the patient of the following options relating to stem cells that are contained in the umbilical cord blood after the delivery of her child: a. Discard the stem cells.…

1. The department of health and human services shall prepare a pamphlet that includes information regarding the following: a. The medical processes involved in the collection of umbilical cord blood. b. The medical risks of umbilical cord blood collection to the mother and her ne…

For purposes of this chapter: 1. "Emergency medical services funding area" means a geographic area eligible for state assistance and includes one or more licensed ambulance operations. 2. "Minimum reasonable cost" means the cost of operating one transporting ambulance service or …

1. The department of health and human services shall establish an emergency medical services advisory council. 2. The council must include: a. At least three representatives appointed by an emergency medical services organization; b. One individual to represent basic life support…

The department of health and human services shall establish and update biennially a plan for integrated emergency medical services in this state. The plan must identify ambulance operations areas, emergency medical services funding areas that require state financial assistance to…

As used in this chapter: 1. "Department" means the department of health and human services. 2. "STEMI" means ST-elevation myocardial infarction.

1. Following consultation with and receipt of a recommendation of the acute cardiovascular emergency medical system of care advisory committee, the department shall establish and maintain a comprehensive emergency cardiovascular medical system for the state. The system must inclu…

This chapter is not a medical practice guideline and may not be used to restrict the authority of a hospital to provide services for which the hospital has been licensed. This chapter must be interpreted to recognize that all patients should be treated individually based on each …

As used in this chapter, unless the context otherwise requires: 1. a. "Eligible patient" means an individual who: (1) Has a terminal illness that is attested to by the patient's treating physician; (2) Considered all other treatment options currently approved by the United States…

An official, employee, or agent of this state may not block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care pr…

This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person involved in the care of an eligible patient using the investigational drug, biological product, or device, for any h…

As used in this chapter: 1. "Discharge" means the exit or release of a patient from inpatient care in a hospital to the residence of the patient. 2. "Informal caregiver" means an individual at least eighteen years of age who a patient, or the patient's legal representative, desig…

1. A hospital shall adopt and maintain a written discharge planning process, including policies and procedures, which applies to all patients. 2. At an early stage of hospitalization, a hospital shall identify patients who are likely to suffer adverse health consequences if disch…

1. As appropriate, a hospital shall educate or train a patient, the patient's informal caregiver, or the patient's representative to prepare the patient for posthospital care. 2. The education or training provided by hospital staff to a patient, the patient's informal caregiver, …

1. The forensic pathology department of the university of North Dakota school of medicine and health sciences shall appoint individuals to serve as members on the drug fatalities review panel. To encompass disciplines needed for evaluation and balance of members' viewpoints, pane…

1. The panel may: a. Provide outcome data on drug-related fatalities in the state as a basis for policy, intervention, and other program effectiveness. b. Promote the identification of circumstances that may contribute to drug-related fatalities. c. Promote the identification of …

Notwithstanding section 44-04-19, all portions of a meeting of the panel which reviews drug fatalities are closed to the public. Notwithstanding section 44-04-18, all documentation and reports of the panel which are related to panel review of drug fatalities are confidential, exc…

Upon the written request of the presiding officer of the panel, a health care facility and health care provider shall disclose all patient records of the facility or provider which are requested by the panel and pertain to an identified drug fatality. The presiding officer may re…

Annually the panel shall compile a state report of fatalities reviewed. The report must include identification of patterns, trends, and policy issues related to drug fatalities, but may not disclose personally identifiable information.

As used in this chapter: 1. "Committee" means the maternal mortality review committee. 2. "Department" means the obstetrics and gynecology department of the university of North Dakota school of medicine and health sciences. 3. "Health care provider" means: a. An individual licens…

The department shall appoint individuals to serve as members on the maternal mortality review committee. Committee membership must include representatives of multiple specialties and disciplines, including forensic pathology. In appointing members, the department shall endeavor t…

1. The committee shall: a. Identify maternal mortality cases in the state; b. Obtain and conduct comprehensive reviews of medical records and other relevant data using best practices for case reviews to identify factors associated with the deaths; c. Consult, as appropriate, with…

1. The school shall provide or arrange for administrative services to assist the committee in performing official duties, including collection and management of case review files, maintenance of records, collection and analysis of data, and the issuance of an annual state report …

1. Notwithstanding section 44-04-19, all portions of a meeting of the committee during which the committee reviews maternal mortality and severe maternal morbidity are closed to the public. Notwithstanding section 44-04-18, all documentation and reports of the committee which are…

1. The presiding officer of the committee may request from a health care provider all patient records of the provider from the most recent thirty-six-month period which pertain to an identified maternal mortality. Upon receipt of a written request for the information, a health ca…

A member of the committee or person employed by or acting in an advisory capacity to the committee and which provides information, counsel, or services to the committee is not liable for damages for an action taken within the scope of the functions of the committee. Members of th…

1. The committee's annual state report must include the identification of patterns, trends, and policy issues related to maternal mortality, but may not disclose personally identifiable information. 2. The committee shall provide the annual state report to the legislative managem…

Repealed by S.L. 2013, ch. 207, § 6.

Repealed by S.L. 2013, ch. 207, § 5.

Repealed by S.L. 1991, ch. 262, § 4. 23-01.1-04. Administrative authority of health data committee - Administrative support - Authority to acquire data. Repealed by S.L. 2013, ch. 207, § 6.

Repealed by S.L. 2013, ch. 207, § 6.