Title 23 — Health and Safety

Repealed by S.L. 2011, ch. 187, § 4.

Nothing in this chapter requires the admission of an enrolled Indian, resident on any reservation in this state, to any off-reservation institution except upon written request and authorization of the superintendent of the reservation on which said Indian is enrolled. However, in…

1. An individual is guilty of a class A misdemeanor if: a. That individual fails to undertake diagnostic examination for tuberculosis upon the request of the state health officer which is based upon the reasonable suspicion that the individual has or has been exposed to tuberculo…

As used in this chapter, unless the context or subject matter otherwise requires, "hemophilia" means a bleeding tendency resulting from a genetically determined deficiency or abnormality of a blood plasma factor or component.

The department of health and human services shall establish a program of financial assistance to persons suffering from hemophilia and other related congenital bleeding disorders. The program shall assist those persons to purchase the blood derivatives and supplies necessary for …

The department of health and human services may enter into agreements with third parties, including any insurer or private sources, for recovery of payments for blood products and supplies used in home care by persons participating in the program.

The department of health and human services shall: 1. Establish a reasonable cost for blood products and supplies used in home care as a basis of reimbursement under this chapter. 2. Determine when reimbursement may not be made under this chapter for any blood products or supplie…

1. When the procedures under section 23-07.4-01 have been exhausted or cannot be satisfied and the state health officer or designee knows or has reason to believe, because of medical or epidemiological information, that a person within that official's jurisdiction has human immun…

A hearing conducted under this chapter must be closed and any report, transcript, record, or other information relating to actions taken under this chapter is confidential.

In this chapter, unless the context otherwise requires: 1. "Bloodborne pathogen" means a micro-organism that is present in human blood or in other bodily fluid or tissue which can cause a disease in humans, including the hepatitis B virus, the hepatitis C virus, and the human imm…

1. Except when testing is otherwise permitted by law, a health care provider, blood bank, blood center, or plasma center may not subject an individual who is the source of an exposure to a test for bloodborne pathogens unless the subject of the test or the subject's personal repr…

Repealed by S.L. 2003, ch. 211, § 27.

A health care provider who collects a specimen of body fluids or tissues for the purpose of testing for the presence of bloodborne pathogens caused by an exposure shall obtain from the test subject or the test subject's personal representative if the subject is a minor or is inca…

Repealed by S.L. 2003, ch. 211, § 27.

1. The results of a test for bloodborne pathogens may be disclosed only to the individual who was tested; to an exposed individual for whom a test was conducted; and to the exposed individual's health care provider as provided by this chapter, and as permitted under title 45, Cod…

An individual who knowingly violates section 23-07.5-06 is liable to the subject of the test for actual damages and costs plus exemplary damages. A conviction for violation of this chapter is not a condition precedent to bringing an action under this section.

A person who knowingly discloses the results of a blood test in violation of this chapter is guilty of a class C felony, if the offense is committed with intent to disclose the identity of the individual who was tested.

As used in this chapter, unless the context otherwise requires: 1. "Communicable disease" means a disease or condition that causes serious illness, serious disability, or death, the infectious agent of which may pass or be carried, directly or indirectly, from the body of one per…

1. The state health officer or any local health officer may order any person or group into confinement by a written directive if there are reasonable grounds to believe that the person or group is infected with any communicable disease, the state health officer or local health of…

The isolation and quarantine of an individual or groups of individuals shall be undertaken in accordance with the following procedures: 1. Temporary isolation and quarantine without notice. a. Authorization. The state or a local health officer, within that officer's jurisdiction,…

A respondent must be confined in a place designated in the written directive until the health officer who issued the written directive determines that the respondent no longer poses a substantial threat to the public health or until a court of competent jurisdiction orders the re…

A hearing must be held on a petition filed under subsection 2 of section 23-07.6-03 within five days of filing the petition. For a good cause shown, the court may continue the hearing for up to ten days. A respondent has the right to a court hearing in the district court serving …

Notice of the hearing must be given to the respondent and must inform the respondent of the respondent's right to counsel or counsel at public expense under this chapter and must include a copy of this chapter.

Before a hearing conducted under this chapter, the respondent, respondent's representative, or respondent's counsel, and the attorney for the state or local health officer must be afforded access to all records including hospital records if the respondent is hospitalized. If the …

At a hearing conducted under this chapter, the health officer who ordered confinement has the burden of showing by a preponderance of the evidence that the respondent is infected with a communicable disease, poses a substantial threat to the public health, and that confinement of…

If the court finds by a preponderance of the evidence that the respondent is infected with a communicable disease, poses a substantial threat to the public health, and that confinement of the respondent is necessary and is the least restrictive alternative to protect or preserve …

A respondent may, at any time, request the court to terminate or modify an order of the court, in which case a hearing must be held in accordance with this chapter. Upon its own motion, the court may conduct a hearing to determine if the conditions requiring the confinement or re…

At the request of the respondent, a hearing conducted under this chapter must be closed and any report, transcript, record, or other information relating to actions taken under this chapter must be kept confidential. Deidentified information may be released to the public under ch…

Any party aggrieved by an order of the district court under this section may appeal to the supreme court. An order of confinement continues in effect while the matter is on appeal.

1. The court may order any defendant charged with a sex offense under chapter 12.1-20 and any alleged juvenile offender with respect to whom a petition has been filed in a juvenile court alleging violation of chapter 12.1-20 to undergo medical testing to determine whether the def…

1. If testing is ordered by a court under section 23-07.7-01, only a health care provider, blood bank, blood center, or plasma center may obtain a specimen of bodily fluids or tissues for the purpose of testing. 2. The court shall order that the specimen be transmitted to a licen…

As used in this chapter: 1. "Bed and breakfast facility" means a private home that is used to provide accommodations for a charge to the public, with not more than seven lodging units, in which no more than two family-style meals per day are provided. 2. "Department" means the de…

The department shall establish by rule the procedures for licensing, qualifying, classifying, inspecting, and regulating persons providing bed and breakfast facilities in private homes, including rules affecting the health and safety of the facility and the persons using the faci…

The department shall inspect each bed and breakfast facility at least once every two years. Any duly authorized officer, employee, or agent of the department may enter and inspect any property or place on or at which a bed and breakfast facility is located or is being constructed…

Before any bed and breakfast facility may operate in this state, the facility must be licensed by the department. Licenses expire on December thirty-first following the date of issuance unless canceled by failure to comply with this chapter or with any of the rules adopted to imp…

Repealed by S.L. 2005, ch. 32, § 19.

Whenever in the judgment of the department any person has engaged in or is about to engage in any acts or practices which constitute a violation of this chapter, or any rule or order issued under this chapter, the department may maintain an action in the name of the state enjoini…

Any person who willfully violates this chapter or any rule or order of the department must be punished by a civil penalty of not more than three hundred dollars per day of violation.

As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Food preparer" means any person who manufactures, processes, sells, handles, or stores food and who is not required to obtain a license from the …

The department may adopt rules regarding education of food preparers.

The department, local boards of health, and district health units shall attempt to resolve minor violations of this chapter through education. The department, local boards of health, and district health units are not required to report for prosecution minor violations of this cha…

This chapter does not apply to private homes where food is prepared or stored for individual family consumption and to the use of home-canned goods, nongrade A dairy products and food prepared using nongrade A dairy products, and to meat not inspected under the Federal Meat Inspe…

As used in this chapter: 1. "Basic care facility" means a residence, not licensed under chapter 23-16 by the department, that provides room and board to five or more individuals who are not related by blood or marriage to the owner or manager of the residence and who, because of …

1. Basic care beds may not be added to the state's licensed bed capacity during the period between August 1, 2025, and July 31, 2029, except if: a. A nursing facility converts nursing facility beds to basic care; b. An entity licenses bed capacity transferred as basic care bed ca…

A nursing home, intermediate care facility, basic care facility, or any combination of a nursing home, intermediate care facility, or basic care facility may establish residential areas specifically for inhabitation by nongeriatric persons subject to any reasonable rules adopted …

Repealed by S.L. 2001, ch. 432, § 7. 23-09.3-04. Department to establish standards - Licensing - Inspection - Survey - Prosecute violations. 1. The department shall establish standards for basic care facilities. The department shall inspect all places and grant annual licenses to…

No person, institution, organization, limited liability company, or public or private corporation may keep, operate, conduct, or manage a basic care facility without holding a valid license issued by the department. The license is not valid for more than one year. Any license may…

Applicants for a license shall file applications under oath with the department upon forms prescribed. An application for a license for facilities not owned by the state or its political subdivisions must be accompanied by a fee of ten dollars per bed. License fees collected purs…

The department may apply to the district court of the county in which the basic care facility is located for, and the court has jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from establishing, conducting, managi…

The license must show the name of the owner or manager of the basic care facility, its location, and the maximum number of persons that may be received and kept in the basic care facility at any one time.