Title 23, Health and Safety

1. A manufacturer of an investigational drug, biological product, or device may make available the manufacturer's investigational drug, biological product, or device to an eligible patient pursuant to this chapter. This chapter does not require that a manufacturer make available …

Notwithstanding any other law, a licensing board may not revoke, fail to renew, suspend, or take any action against a health care provider's license issued in this state, based solely on the health care provider's recommendations to an eligible patient regarding access to or trea…

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…

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…

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…

1. Beginning January 1, 2008, all new birth, fetal death, and death certificates must be filed with the state registrar and maintained as birth, fetal death, or death records. The state registrar shall issue certified copies of any birth, fetal death, or death record, or informat…

The commissioner of the department of health and human services or designee shall appoint a director of the office of statistical services, in accordance with the merit system laws and regulations of the state of North Dakota, who must be the ex officio state registrar of vital s…

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 …

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…

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 …