Title 23 — Health and Safety
97 chapters · 659 sections in this title.
N.D.C.C. § 23-01-01 Health division - Officers
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Repealed by S.L. 2023, ch. 229, § 136. 23-01-01.1. Department of health and human services to replace state department of health and consolidated laboratories. The legislative council shall replace, where appropriate, "North Dakota state department of health", "department of heal…
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. § 23-01-03.2 Duties of the health council
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Repealed by S.L. 2017, ch. 184, § 1.
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. § 23-01-04.1 Rulemaking authority and procedure
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Repealed by S.L. 2017, ch. 199, §74.
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. 23-01-04.3. Alternative health care services pilot projec…
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. § 23-01-05.3 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. § 23-01-06 Biennial report - Contents
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Repealed by S.L. 2023, ch. 229, § 136.
N.D.C.C. § 23-01-07 Structure of department
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Repealed by S.L. 1993, ch. 218, § 10.
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. § 23-01-09 Duties of director of consolidated laboratories branch
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Repealed by S.L. 1993, ch. 218, § 10.
N.D.C.C. § 23-01-09.1 Duties of state toxicologist
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Repealed by S.L. 2003, ch. 469, § 13.
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. 23-01-11. Acceptance of funds and right to qualify for ben…
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. § 23-01-13 Blood plasma - Obtaining, storing, and distributing
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Repealed by S.L. 1991, ch. 263, § 1. 23-01-14. Department of health and human services authorized to transfer future accumulated fees. As a continuing policy, the department of health and human services may automatically from time to time transfer unclaimed fees on deposit with t…
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. § 23-01-18 State department of health responsible for control of rabies
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Repealed by S.L. 1999, ch. 243, § 2.
N.D.C.C. § 23-01-19 Extermination of rabies
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Repealed by S.L. 1999, ch. 243, § 2.
N.D.C.C. § 23-01-20 Traumatic head injury defined
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Repealed by S.L. 1999, ch. 231, § 1.
N.D.C.C. § 23-01-21 Central registry of traumatic head injury - Establishment - Reports
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Repealed by S.L. 1999, ch. 231, § 1.
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. § 23-01-26 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. § 23-01-29 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. § 23-01-31 North Dakota health information technology steering committee
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Repealed by S.L. 2009, ch. 519, § 6.
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. § 23-01-36 Appeal from permit proceedings
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Repealed by S.L. 2017, ch. 199, §74. 23-01-37. Survey program - Health care facilities construction or renovation projects - Innovation waivers - Continuing appropriation. 1. The department of health and human services shall conduct a life safety survey process for all health car…
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. § 23-01-40 Diabetes goals and plans - Report to legislative management
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Repealed by S.L. 2025, ch. 235, § 1.
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. § 23-01-43 Mammogram results
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Expired by S.L. 2015, ch. 186, §2.
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 Right to dispose of one's own body
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Repealed by S.L. 1969, ch. 255, § 12.
N.D.C.C. § 23-06-01.1 Immunity from liability
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Repealed by S.L. 1989, ch. 303, § 5.
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…