Title 23, Health and Safety
97 chapters · 684 sections in this title.
N.D.C.C. § 23-01-01.1 Department of health and human services to replace state department of health and consolidated laboratories
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The legislative council shall replace, where appropriate, "North Dakota state department of health", "department of health", "health department", "state department of health and consolidated laboratories", "North Dakota state laboratories department", "state laboratories departme…
N.D.C.C. § 23-01-02 Health council - Members, terms of office, compensation, officers, meetings
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1. The health council shall assure the coordination of the health division with all other health activities of the state. The health council consists of twelve members: a. One member representing tribal health, appointed by the director of the Indian affairs commission for a term…
N.D.C.C. § 23-01-03 Powers and duties of the health council
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The health council shall: 1. Fix, subject to the provisions of section 23-01-02, the time and place of the meetings of the council. 2. Make regulations for the government of the council and its officers and meetings. 3. Collaborate and advise in the establishment of standards, ru…
N.D.C.C. § 23-01-03.1 Newborn metabolic and genetic disease screening tests
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1. The department of health and human services shall adopt rules relating to the storage, maintenance, and disposal of blood spots or other newborn screening specimens. 2. The state health officer shall specify a panel of metabolic diseases and genetic diseases for which newborn …
N.D.C.C. § 23-01-03.3 Long-term care nursing scholarship and loan repayment grant program
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1. The department of health and human services, in cooperation with the North Dakota long term care association, shall administer the long-term care nursing scholarship and loan repayment grant program. The purpose of the program is to provide matching funds to nursing facilities…
N.D.C.C. § 23-01-04 Effect of rules and regulations
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All rules and regulations adopted by the department of health and human services under the powers granted by any provisions of this title are binding upon all county and municipal health officers, and upon all county, municipal, and private medical hospitals and upon related inst…
N.D.C.C. § 23-01-04.2 Legislative intent - Health vaccination charges
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It is the intent of the legislative assembly that the state department of health adopt rules defining appropriate administration charges for vaccine provided by the department to physicians, private clinics, and hospitals.
N.D.C.C. § 23-01-04.3 Alternative health care services pilot project - Application - Notice - Hearing - Approval - Duration
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1. At any time that the health care needs of a city, township, or other geographic area are not being adequately met, any person may apply to the department of health and human services for approval to conduct an alternative health care services pilot project. The application mus…
N.D.C.C. § 23-01-05 Health officer - Qualifications, salary, term, duties
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1. The governor shall appoint a state health officer who has: a. Education, training, or experience in public health; and b. Relevant leadership experience. 2. The governor shall set the salary of the state health officer within the limits of legislative appropriations to the dep…
N.D.C.C. § 23-01-05.1 Organ or tissue transplant assistance administration - Standing appropriation
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The department of health and human services shall select a private nonprofit patient- oriented organization incorporated in this state for the purpose of administering financial assistance to organ or tissue transplant patients who are residents of this state. The department of h…
N.D.C.C. § 23-01-05.2 Epinephrine prescription, distribution, possession, or use - Immunity from liability
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1. As used in this section: a. "Epinephrine" means a single-use disposable device that automatically injects a premeasured dose of epinephrine. b. "Health care professional" means a licensed or certified health care professional who is working within the scope of practice for tha…
N.D.C.C. § 23-01-05.3 Immunization data
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1. The department of health and human services may establish an immunization information system and may require the childhood immunizations specified in subsection 1 of section 23-07-17.1 and other information be reported to the department. The department of health and human serv…
N.D.C.C. § 23-01-05.4 Department to employ state forensic examiner - Qualifications - Duties
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The department of health and human services may employ and establish the qualifications and compensation of the state forensic examiner. The state forensic examiner must be a physician who is board-certified or board-eligible in forensic pathology, who is licensed to practice in …
N.D.C.C. § 23-01-05.5 Autopsy reports, working papers, and images - Confidential - Exceptions
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1. As used in this section: a. "Autopsy report" means the report of the forensic examiner or the examiner's designee on the post-mortem examination of a deceased individual to determine the cause and manner of death, including any written analysis, diagram, photograph, or toxicol…
N.D.C.C. § 23-01-07.1 Powers and duties of the public health division
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The public health division shall: 1. Enforce rules adopted by the department of health and human services. 2. Hold public health unit boards of health responsible for enforcement of state rules, serve in an advisory capacity to public health unit boards of health, and provide for…
N.D.C.C. § 23-01-07.2 Powers and duties of the central public health laboratory
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The central public health laboratory: 1. Must be maintained for the standard function of diagnostic, sanitary and chemical examinations, and production and procurement of therapeutic and biological preparations for the prevention of disease and their distribution for public healt…
N.D.C.C. § 23-01-07.3 Surge staffing
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The department of health and human services may employ staff to deploy to local hospitals, basic care facilities, long-term care facilities, and other health care settings to cover staff shortages. The hospital or facility must be responsible for insuring the staff members while …
N.D.C.C. § 23-01-08 Directors of divisions - Deputy - Appointment, salary, duties
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The commissioner of the department of health and human services or designee shall appoint directors of the various divisions of the department and shall determine the salary, within the limits of legislative appropriations to the department and in conformity with the state merit …
N.D.C.C. § 23-01-08.1 Criminal history background checks
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The department of health and human services may require a final applicant for a job opening or a current employee with the department, as designated by the commissioner of the department of health and human services, complete a state and national criminal history record check as …
N.D.C.C. § 23-01-10 Office space
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The state shall provide suitable office space in Bismarck for housing and maintaining the department of health and human services. Special fireproof vaults must be provided for the storage of birth and death certificates.
N.D.C.C. § 23-01-11 Acceptance of funds and right to qualify for benefits under federal laws authorized
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The department of health and human services may: 1. Accept funds from cities, counties, the federal government, private organizations, and individuals for infancy and maternal hygiene, for other public health work and for the purpose of conducting a survey of existing medical hos…
N.D.C.C. § 23-01-12 Hospital records to be kept at direction of department
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When any person is admitted into a lying-in hospital or other institution, public or private, to which persons resort for the treatment of disease or for confinement, or to which persons are committed by process of law, the superintendent, manager, or other person in charge of su…
N.D.C.C. § 23-01-14 Department of health and human services authorized to transfer future accumulated fees
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As a continuing policy, the department of health and human services may automatically from time to time transfer unclaimed fees on deposit with the Bank of North Dakota or other authorized depository to the state general fund when the unclaimed status has existed for a period of …
N.D.C.C. § 23-01-15 Research studies confidential - Penalty
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1. All information, records of interviews, written reports, statements, notes, memoranda, or other data procured by the department of health and human services, in connection with studies conducted by the department of health and human services, or carried on by the department jo…
N.D.C.C. § 23-01-16 Dairy products - Joint standards
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The department of health and human services and the dairy department of the department of agriculture shall jointly adopt a set of uniform standards in relation to all matters falling within their joint jurisdiction regarding dairy products. The department of health and human ser…
N.D.C.C. § 23-01-22 Department to employ waste management facility inspectors
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The department of health and human services shall employ and establish the qualifications, duties, and compensation of at least one full-time inspector for each commercial, nonpublicly owned waste management disposal or incineration facility that accepts more than twenty-five tho…
N.D.C.C. § 23-01-24 Health care cost and quality review program - Penalty
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The department of health and human services shall conduct a continuous program to review and improve the quality of health care in the state. The department may contract with a qualified person or organization to develop and implement the program. The department shall use the pro…
N.D.C.C. § 23-01-25 Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil conditioner laws - Laboratory function
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Notwithstanding any other provision of law, any laboratory test or analysis required under chapter 4.1-34, 4.1-40, or 4.1-41 must be performed by the department of health and human services for the agriculture commissioner at no charge.
N.D.C.C. § 23-01-26 Department - Indirect cost recoveries
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Notwithstanding section 54-44.1-15, the department of health and human services may deposit indirect cost recoveries in its operating account.
N.D.C.C. § 23-01-27 Donated dental services program
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The department of health and human services shall contract with the North Dakota dental association, or other appropriate and qualified organizations, to develop and administer a donated dental services program through which volunteer dentists provide comprehensive dental care fo…
N.D.C.C. § 23-01-28 Combined purchasing with local public health units - Continuing appropriation
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The department of health and human services may make combined or joint purchases with or on behalf of local public health units for items or services. Payments received by the department of health and human services from local public health units pursuant to a combined or joint p…
N.D.C.C. § 23-01-29 Bone marrow donor education
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The department of health and human services shall provide information and educational materials to the public regarding bone marrow donation through the national marrow donor program. The department shall seek assistance from the national marrow donor program to establish a syste…
N.D.C.C. § 23-01-32 Viral hepatitis program - Vaccination - Study
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1. The department of health and human services shall establish and administer a viral hepatitis program with the goal of distributing to residents of the state who are at an increased risk for exposure to viral hepatitis information that addresses the higher incidence of hepatiti…
N.D.C.C. § 23-01-33 Human papilloma virus - Information
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The department of health and human services shall educate the public about the human papilloma virus and the availability of a human papilloma virus vaccine; promote immunization against the human papilloma virus; and distribute informational material regarding the human papillom…
N.D.C.C. § 23-01-34 Children with special health care needs - Program administration
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The department of health and human services shall administer programs for children with special health care needs as may be necessary to conform to 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…
N.D.C.C. § 23-01-35 Tattooing, body piercing, branding, subdermal implants, or scarification - License - Fee - Adoption of rules - Exemptions - Injury reports - Penalty
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1. As used in this section: a. "Body piercing" means any method of piercing the skin or mucosa to place jewelry through the skin or mucosa. b. "Branding" means the process in which a mark or marks are burned into human skin tissue with the intention of leaving a permanent mark. c…
N.D.C.C. § 23-01-37 Survey program - Health care facilities construction or renovation projects - Innovation waivers - Continuing appropriation
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1. The department of health and human services shall conduct a life safety survey process for all health care facilities licensed by the department of health and human services during and at the conclusion of a construction, renovation, or construction and renovation project. a. …
N.D.C.C. § 23-01-38 Electronic drug prior authorization and transmission - Limitations
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1. Except as otherwise provided under this subsection, effective August 1, 2015, a drug prior authorization request must be accessible to a health care provider with the provider's electronic prescribing software system and must be accepted electronically, through a secure electr…
N.D.C.C. § 23-01-39 Immunization program - Provider choice - Purchasing
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1. As used in this section: a. "Department" means the department of health and human services. b. "North Dakota immunization advisory committee" means the group of private health care providers, local public health units, department staff, and other applicable individuals which m…
N.D.C.C. § 23-01-41 Autism spectrum disorder database - Rulemaking - Confidentiality
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1. The department of health and human services shall establish and administer an autism spectrum disorder database. The database must include a record of all reported cases of autism spectrum disorder in the state and any other information determined relevant and appropriate by t…
N.D.C.C. § 23-01-42 Opioid antagonist prescription, distribution, possession, or use - Immunity from liability
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1. As used in this section: a. "Health care professional" means a licensed or certified health care professional who is working within the scope of practice for that profession. The term may include a physician, physician assistant, advanced practice registered nurse, and pharmac…
N.D.C.C. § 23-01-44 Syringe or needle exchange program - Authorization
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1. As used in this section: a. "Program" means a syringe exchange program established and operated under this section. b. "Qualified entity" means: (1) A local health department; (2) A city that operates a program within the boundaries of the city; or (3) An organization that has…
N.D.C.C. § 23-06-01.2 Application of other laws
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Sections 23-06-03, 23-06-04, 23-06-05, 23-06-06, 23-06-07, 23-06-08, 23-06-09, 23-06-10, 23-06-11, 23-06-12, 23-06-16, 23-06-17, and 23-06-19 do not apply to any body or parts thereof disposed of after death pursuant to the authorization for disposal of a body or parts thereof pr…
N.D.C.C. § 23-06-02 Custody of body
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The person charged with the duty of final disposition of the body of a deceased person is entitled to the custody of such body for the purpose of arranging for final disposition. When the coroner is required to hold an inquest, however, the coroner is entitled to the custody of t…
N.D.C.C. § 23-06-03 Duty of final disposition - Final disposition of individuals who are indigent - Decedent's instructions
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1. The duty of final disposition of the body of a deceased individual devolves upon the following individual in the order of priority: a. Any legally competent adult given the duty of final disposition by the deceased individual in a statement conforming with section 23-06-31, ex…
N.D.C.C. § 23-06-04 Time within which final disposition must be made - Exceptions
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1. The dead body of a human being must be disposed of by the person charged with that duty within eight days after the death of such person except when any of the following occur: a. The right to dissect the body is expressly conferred by law. b. The body is being carried through…
N.D.C.C. § 23-06-05 Failure to dispose within required time - Penalty
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Any person that fails to comply with or who violates any of the provisions of section 23-06-04, or that refuses or neglects promptly to obey any order or instruction of the local board of health, is guilty of a class B misdemeanor.
N.D.C.C. § 23-06-06 Neglect of final disposition - Penalty
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Every person upon which the duty of making final disposition of the remains of a deceased person is imposed by law that omits to perform that duty as required in this chapter is guilty of a class B misdemeanor.
N.D.C.C. § 23-06-07 Regulation of final disposition - Issuance of final disposition-transit permit regulated
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The body of any individual whose death occurs in this state may not be interred, deposited in a vault or tomb, cremated, donated to a school of medicine, or otherwise disposed as authorized by law, until a final disposition-transit permit has been properly issued by a subregistra…
N.D.C.C. § 23-06-08 Final disposition-transit permit - Contents
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The final disposition-transit permit must be on the form prescribed by the state registrar of vital statistics, must be signed by the subregistrar issuing it, and may be limited to a statement by the subregistrar showing: 1. That a satisfactory death record has been filed with th…