Title 23, Health and Safety

1. Except for a tribal health district, a district board of health shall prepare a budget for the next fiscal year at the time at which and in the manner in which a county budget is adopted and shall submit this budget to the joint board of county commissioners for approval. In t…

Except when in conflict with a local ordinance or a civil service rule within a board of health's jurisdiction, or a tribal code, ordinance, or policy, each board of health: 1. Shall keep records and make reports required by the department. 2. Shall prepare and submit a public he…

1. If necessary for the protection of public health to abate or remove any nuisance, source of filth, or cause of sickness, the board of health shall serve notice on the owner or occupant of the property requiring the owner or occupant, at the owner's or occupant's expense, to re…

1. A district board of health may acquire by lease, purchase, construction, or gift for district health office use and control property for all purposes authorized by law or necessary to the exercise of the powers granted in this chapter. The district board of health may finance …

A city, county, or health district, as the case may be, shall prepare a county public health unit budget for the next fiscal year at the time and in the manner a county budget is adopted and submit the budget to the board of county commissioners for approval, shall prepare a city…

1. A local health officer shall serve a term of five years, subject to removal for cause by the governing body or the district board of health. The health officer must be a physician licensed to practice medicine in this state and need not be a resident of the public health unit.…

A person who violates any order, ordinance, or rule prescribed by any board of health or health officer or any rule adopted under this chapter is guilty of a class B misdemeanor.

As used in this chapter: 1. "Bite" means any penetration of the skin by an animal's teeth. 2. "Clinical signs of rabies" means physical signs or animal behavior that would lead a reasonably prudent veterinarian to suspect an infection of rabies and the pursuit of a rabies diagnos…

1. The department shall establish a rabies control program that must place primary emphasis on human exposure to rabies. 2. The department shall consider national peer-reviewed recommendations for the control of rabies during the development of the department's rabies control pro…

1. The department, or an agency acting on the department's behalf, may seize and euthanize, impound at the owner's expense, or quarantine any animal if the state health officer, or the state health officer's designee, has probable cause to believe the animal presents clinical sig…

Except in the case of an emergency, the department, or another state or local agency acting on the department's behalf, may seize an animal located on private property only as authorized by an administrative search warrant issued under chapter 29-29.1. A warrant to seize an anima…

If a warrant is issued under section 23-36-04 and upon written request of the department, the game and fish department, the state veterinarian, or the wildlife services program of the United States department of agriculture animal and plant health inspection service shall provide…

The department may provide, at no cost, rabies postexposure biologics to an individual possibly exposed to rabies if the department determines the individual is financially unable to pay for the postexposure biologics treatment.

A person is guilty of an infraction if the person: 1. Conceals, releases, or removes an animal from the place where the animal is located with intent to impair that animal's availability for seizure under that warrant or order while the person is under the belief that a search wa…

Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover an amount up to the replacement value of the animal, if the owner establishes that before the animal was seized and tested for rabies under this ch…

1. The owner of an animal is liable for the cost of quarantine and veterinary services, and for the cost of any postexposure treatment received by an individual who is possibly exposed to rabies by the owner's animal, if the animal is not: a. Licensed or registered as required by…

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…

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…

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 identify hospitals that meet the criteria as a comprehensive stroke center, primary stroke center, or acute stroke-ready hospital. In order to receive a designation under this section, a hospital shall apply to the department o…

1. Before June first of each year the department of health and human services shall send the list of comprehensive stroke centers, primary stroke centers, and acute stroke-ready hospitals to the medical director of each licensed emergency medical services operation in this state.…

1. The department of health and human services shall establish and implement a plan for achieving continuous quality improvement in the quality of care provided under the state comprehensive stroke system for stroke response and treatment. In implementing this plan, the departmen…

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…

Emergency medical services operations that request financial assistance from the state must provide requested fiscal information to the department of health and human services for use in financial assistance determinations. All information provided to the department under this se…