Title 23, Health and Safety

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 …

1. The department shall establish standards for basic care facilities. The department shall inspect all places and grant annual licenses to basic care facilities as conform to the standards established and comply with the rules prescribed, as provided in this chapter. The departm…

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.

A record of every individual admitted to any basic care facility must be kept at the place licensed by the owner or manager in the manner and form prescribed by the department.

1. A basic care facility may not admit and retain an individual unless the: a. Facility provides, directly or through contract, appropriate services within the facility to attain or maintain the individual at the individual's highest practicable level of functioning; and b. Condi…

The department may adopt rules necessary to carry out its responsibilities under this chapter. Rules adopted by agencies prior to January 1, 1990, which relate to functions or agencies covered by this chapter, remain in effect until they are specifically amended or repealed by th…

The department shall adopt rules under chapter 23-16 for patient and resident care and quality care review which are not in conflict with any federal laws, and as are necessary to ensure the appropriate medical, social, and psychological services to nongeriatric persons residing …

If called upon by any person, organization, corporation, limited liability company, or community interested in establishing a basic care facility, the department shall furnish information concerning the laws and rules governing operation of a basic care facility.

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.

In this chapter unless the context otherwise requires: 1. "Autism spectrum disorder" means a brain disorder that may prevent understanding of what a person sees, hears, or otherwise senses and is conceptualized as a behavioral syndrome with multiple biological manifestations. 2. …

The department shall establish standards for the licensure of residential care facilities for children with autism spectrum disorder, regularly inspect the facilities, and grant annual licenses to the facilities that meet the established standards. Upon the request of the departm…

No person may operate or manage a residential care facility for children with autism spectrum disorder unless the facility has been licensed by the department. The license must state the name of the owner or manager of the facility, its location, and the maximum number of persons…

A residential care facility for children with autism spectrum disorder must be specifically designed, arranged, and staffed to provide twenty-four hour assistance with activities of daily living in a homelike environment in response to the individual needs of the residents. A res…

The owner or manager of a residential care facility for children with autism spectrum disorder must keep a record of every individual admitted to the facility, in the manner and form prescribed by the department.

The department shall prosecute all violations of this chapter. The department may apply to the district court of the county in which the residential care facility for children with autism spectrum disorder is located, for a temporary or permanent injunction restraining any person…

The department may adopt rules necessary to carry out its responsibilities under this chapter.

1. Any person who operates or manages a residential care facility for children with autism spectrum disorder without first obtaining a license as required by this chapter is guilty of a class B misdemeanor. 2. Any person who violates any provision of this chapter or any rule adop…

As used in this chapter: 1. "Cottage food operator" means an individual who produces or packages cottage food products in a kitchen designed and intended for use by the residents of a private home. 2. "Cottage food product" means baked goods, jams, jellies, and other food and dri…

1. Notwithstanding any other provision of law, a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this section. This section does …

For purpose of this chapter: 1. "Commissioner" means the commissioner of the department. 2. "Department" means the department of health and human services.

1. When the department revokes the license of a mobile home park, the department may file a petition with the district court to place the mobile home park under the control of a receiver for repeated or serious violations of chapter 23-10 or the administrative rules of the depart…

If the court grants the petition to place the mobile home park into receivership, the court shall appoint the commissioner as receiver. The commissioner may designate a qualified individual or a nonprofit organization to execute the receivership. An individual designated to execu…

The receivership terminates when: 1. The receiver and the court certify the conditions that prompted the receivership are corrected; 2. The license to operate the mobile home park is restored; 3. A new license to operate a mobile home park is issued; or 4. The owner of the mobile…

Upon termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.

It is hereby declared to be the purpose of the legislative assembly to establish standards for model rockets and model rocket launch sites for the protection of individuals involved in and exposed to the launching of model rockets.

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Model rocket engine" means a commercially manufactured, nonreusable rocket propulsion device constructed of a nonmetallic casing and solid propellant wherein all of the ingredients are self-cont…

Model rocket design and construction standards must comply with the following: 1. The model rocket engine must be a commercially manufactured propellant device and may not contain more than two and two-tenths ounces [62.37 grams] of propelling charge and must produce less than ei…

Sites used as model rocket launch sites must comply with the following: 1. No person other than the user and individuals assisting the user may be permitted within fifteen feet [4.57 meters] of the launching device when engines of an "A", "B", or "C" category are used or within t…

1. No model rocket engines may be stored, sold, or offered for sale at retail unless such model rocket engine has been classified into one of the standardized engine codes listed in the chart in this section and unless such code is marked upon the model rocket engine. 2. No model…

In the event of an accident involving damage to either persons or property by a model rocket or by a model rocket engine, it is the responsibility of the investigating authority to immediately notify the state fire marshal or local fire control authorities that such accident has …

Any person who violates any provision of this chapter is guilty of an infraction.

In this chapter, unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Health care facility" means those facilities licensed under chapter 23-16.

If the department has revoked the license of a health care facility, or if the operator of a health care facility has requested, the department may file a petition with the district court to place the health care facility under the control of a receiver if necessary to protect th…

If the department determines a situation exists which constitutes an imminent threat to health or safety of the residents of a nursing facility, the department may take immediate control of the nursing facility and appoint an interim administrator. Within ten days of taking contr…

In the event of an emergency any receiver appointed under section 23-16.1-02.1 may remove any or all residents of a nursing facility and close the facility if deemed necessary.

The court shall appoint as receiver the state health officer who shall designate a qualified individual, not employed by this state or its political subdivisions, or a nonprofit organization to execute the receivership. The receiver appointed by the court shall use the income and…