Title 23 — Health and Safety

Repealed by S.L. 2013, ch. 207, § 6.

Repealed by S.L. 2013, ch. 207, § 6.

The department of health and human services may establish and maintain a comprehensive trauma system for the state. The trauma system may include standards for the following components: 1. A system plan. 2. Prehospital emergency medical services. 3. Hospitals, for which the stand…

A physician is immune from liability while providing voluntary medical direction.

1. Effective January 1, 2011, a hospital that offers emergency services to the public shall meet trauma center designation standards and participate in the trauma system. 2. The department of health and human services shall adopt rules that allow provisional trauma designation st…

The commissioner of the department of health and human services or designee shall appoint an emergency medical services and trauma medical director to provide medical oversight and consultation in the development and administration of the state emergency medical services and trau…

As used in this chapter: 1. "Confidential information" includes any confidential record as defined in subsection 3 of section 44-04-17.1, any protected health information, and any other information declared confidential by law. 2. "Disclose" means to disclose, transfer, permit ac…

Protected health information in possession of a public health authority may be disclosed only as authorized by this chapter or another law of this state explicitly authorizing the disclosure of that information, except that protected health information received or maintained unde…

Repealed by S.L. 2003, ch. 211, § 27.

1. A health care provider, public health authority, law enforcement official, school or university, or the agent of any such individual or entity, may disclose protected health information concerning an individual to a public health authority if: a. There is a specific nexus betw…

1. In the event of a threat of imminent physical or mental harm to the subject of protected health information, a public health authority, in order to allay or remedy that threat, may disclose protected health information about that subject to a health care practitioner, health c…

1. Notwithstanding any other law, a public health authority, or the agent of any such entity, may disclose protected health information to a law enforcement authority if the department of health and human services determines that: a. The protected health information is necessary …

1. Notwithstanding any other law, the state health officer may disclose confidential information or protected health information to a health care provider or the public if the state health officer determines that: a. Disclosure of information is required to prevent the spread of …

Any protected health information that is created or received by a local public health authority, and that is submitted or is required to be submitted to the department of health and human services' public health division, is confidential and subject to the protection of, and may …

A person who knowingly discloses protected health information in violation of this chapter is guilty of a class A misdemeanor.

As used in this chapter: 1. "Authorized representative" means a person that has the legal authority to act on behalf of the person named on a record, including a personal representative or guardian. 2. "Birth record" means a record reporting a live birth. 3. "Certified" means a c…

There is hereby established in the department of health and human services an office of statistical services, which shall install, maintain, and operate a system of health statistics tabulation and analysis and a system of vital records registration throughout the state. The comm…

The department of health and human services may adopt, amend, and repeal rules and regulations for the purposes of carrying out the provisions of this chapter, in accordance with chapter 28-32.

1. The state registrar shall: a. Direct and supervise the statewide system of vital records and registration and be the primary custodian of said records. b. Direct, supervise, and control the activities of subregistrars and the activities of other local officials related to the …

Repealed by S.L. 2007, ch. 234, § 29.

Repealed by S.L. 2007, ch. 234, § 29.

A subregistrar may issue final disposition-transit permits for those counties served by the funeral home the subregistrar is employed by. The subregistrar or cemetery sexton shall file all completed final disposition-transit permits with the county recorder in the county where th…

Repealed by S.L. 2007, ch. 234, § 29.

Repealed by S.L. 2007, ch. 234, § 29.

The form of the records, reports, and other information required by this chapter is subject to the approval of and modification by the department of health and human services. In order to maintain uniformity in the system of vital records registration and the system of health sta…

Each record, report, and other information required to be filed under this chapter must have entered upon its face the date of registration duly attested.

1. A birth record for each live birth that occurs in this state must be filed with the state registrar. 2. If a birth occurs in an institution, the person in charge of the institution or a designated representative shall use the department of health and human services' electronic…

1. Whoever assumes custody of a living infant of unknown parentage shall report using the electronic birth registration system or on a form and in the manner prescribed by the state registrar within seven days to the state registrar the following information: a. The date and plac…

1. If the birth of an individual born in this state has not been registered, a birth record may be filed in accordance with the regulations of the department of health and human services. The birth record must be registered subject to such evidentiary requirements as the departme…

When a death occurring in this state has not been registered within the time period specified in section 23-02.1-19, a record may be filed in accordance with regulations of the department of health and human services. 1. Such records must be registered subject to such evidentiary…

1. For each adoption decreed by any court in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report must include such facts as are necessary to locate and identify the birth record for the …

1. A death record for each death that occurs in this state must be filed with the state registrar in accordance with the rules and regulations set forth by the department of health and human services using the electronic death registration system. All registration and issuing of …

1. A fetal death record for each fetal death that occurs in this state after a gestation period of twenty completed weeks or more must be filed with the state registrar. 2. When a fetal death occurs in an institution, the person in charge of the institution or a designated repres…

The state registrar may issue a certified copy of a fetal loss to an individual who experiences a documented miscarriage of birth, if the individual provides to the state registrar a completed fetal loss request form established by the department of health and human services whic…

1. The funeral practitioner who first obtains custody of a dead body or fetus shall obtain a final disposition-transit permit before final disposition or removal from this state of the body or fetus. 2. The final disposition-transit permits must be issued by the state registrar o…

1. The department of health and human services may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this chapter, provide for the extension of the periods of time prescribed in sections 23-02.1-19, 23-02.1-20, and 23-02.1-21 fo…

1. A record of each marriage performed in this state must be filed with the state registrar as provided in this section. 2. The officer who issues the marriage license shall prepare the record on the form prescribed and furnished by the state registrar upon the basis of informati…

1. For each divorce and annulment of marriage granted by any court in this state, a report must be prepared and filed by the clerk of court with the state registrar. The information necessary to prepare the report must be furnished, with the petition, to the clerk of court by the…

1. A record registered under this chapter may be amended only in accordance with this chapter and regulations under this chapter adopted by the department of health and human services to protect the integrity and accuracy of vital records. 2. A record that is amended under this s…

1. The sex designation on a birth record of an individual born in this state may not be amended under section 23-02.1-25 due to a gender identity change. 2. The sex designation on a birth record of an individual born in this state may not be amended or corrected under section 23-…

To preserve original documents, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of original records and files in the state registrar's office. These reproductions when certified by the state registrar must be accepted as …

Birth, death, and fetal death records, filings, data, or other information related to birth, death, and fetal death records are confidential and may not be disclosed except as authorized under this chapter. The state registrar shall restrict access to all vital records to protect…

In accordance with section 23-02.1-27 and the regulations adopted pursuant thereto: 1. The state registrar shall, upon request of a person entitled to a copy under section 23-02.1-27, issue a certified copy of any record or part of a record in the registrar's custody. Each copy i…

1. The department of health and human services shall prescribe the fees, if any, not to exceed fifteen dollars, to be paid for the following: a. Each certified copy of a record. b. Each certified statement of the facts of birth other than a copy of the original birth record. c. E…

1. Every person in charge of an institution as defined in this chapter shall keep a record of personal particulars and data concerning each person admitted or confined to such institution. This record must include all information required by the standard record of birth, death, a…

Any person having knowledge of the facts shall furnish such information as the person may possess regarding any birth, death, fetal death, marriage, or divorce upon demand of the state registrar.

1. a. Any person who willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this chapter, or in application for an amendment thereof, or who willfully and knowingly supplies false information intending that such informatio…

This chapter may be cited as the "Health Statistics Act".

An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical stan…

If it appears to a physician who has primary responsibility for the treatment and care of an individual that the death of the individual is imminent, the physician shall make reasonable efforts to notify the individual's next of kin. If after making reasonable efforts the next of…