Title 23, Title 23 and Safety

When any serious injury or any death occurs in connection with the operation of any amusement ride or attraction, the owner of the ride or attraction shall immediately report the serious injury or death to the commissioner or his or her designee. Within twenty-four (24) hours aft…

There shall be an annual registration fee of fifty dollars ($50.00) per ride for which an annual inspection registration seal shall be provided upon certification that such ride meets the safety requirements as determined by a qualified licensed engineer. There is no fee for init…

A person may not operate an amusement device or amusement attraction unless at the time of operation there is in existence: (1) An insurance policy in an amount of not less than one million dollars ($1,000,000) per occurrence insuring the owner or lessee against liability for inj…

No certificate to operate or operation permit shall be issued under the provisions of this chapter to any owner not a resident of this state until such owner has appointed, in writing, the secretary of state and his or her successors in office to be his or her attorney, upon whom…

(a) Any violation of the provision of this chapter shall result in a revocation of the permit or certificate to operate, or both until all violations are abated. (b) Any person who willfully violates the provision of this chapter, or any order or regulation made pursuant to the p…

Bazaars, fairs, and circuses shall not be inspected under these regulations unless, and only to the extent that such bazaars, fairs and circuses have amusement rides or devices associated with them. When a bazaar, fair or circus contains any amusement ride or device, the provisio…

To assist in the adoption of rules and regulations with regard to the operation of amusement rides and devices, there is hereby created an amusement ride advisory committee. The committee shall consist of seven (7) members, one (1) of whom shall be a carnival owner, one (1) of wh…

(a) The advisory committee shall establish procedures for the appointment of authorized inspectors in addition to at least one of the following requirements: (1) Applicants must have at least ten (10) years of work experience in the field of amusement ride assembly, repair and in…

The purpose of this chapter is to guard against personal injuries in the assembly, disassembly, and use of amusement devices, amusement attractions, and temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, and permanent facilities. Su…

As used in this chapter: (1) “Altered ride” means a ride or device that has been altered with the approval of the manufacturer. (2) “Amusement attraction” means any building or structure around, over, or through which persons may move to walk, without the aid of any moving device…

No amusement ride or device shall be placed in service unless an inspection registration seal of the commissioner is affixed to it by the administrator or his or her agent. The inspection registration seal shall contain: (1) The name of the owner of the ride; (2) The serial numbe…

(a)(1) A permanent amusement device or amusement attraction may not be operated in the state without a permit issued by the department. Temporary amusement devices and amusement attractions must also have a certificate to operate. The permits and certificates are not transferable…

(a) If an amusement ride or device is materially rebuilt or so modified as to change its original action, it shall be re-identified by a different name and a different serial number. (b) Repairs will be carried out in accordance with the manufacturer’s instructions and shall util…

(a) Each permanent or temporary device shall be inspected and tested by the department each season before operation so as to test the full operation of all control devices, speed-limiting devices, brakes, and other equipment provided for safety before a permit is issued. A copy o…

(a) All electrical equipment, wiring and installation shall comply with State Electric Code, SBC-5. (b) It shall be the responsibility of the owner or manager of the amusement company to obtain written approval of the electrical service and equipment hookup from the building offi…

(a) Blocking, when used, must be placed on a sound foundation. Concrete blocks, hollow blocks, hollow boxes or other hollow core items shall not be allowed. Cribbing and crossing of blocks is required, when stacking two (2) or more blocks. (b) All passenger carrier and safety res…

(a) The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care. (b) In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions …

The following definitions govern the construction of this chapter: (1) “Advance directive protocol” means a standardized, state-wide method developed for emergency service personnel by the department of health and approved by the ambulance service advisory board, of providing pal…

A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a durable power of attorney complies with the requirements of this chapter and is valid.

A durable power of attorney executed in another state in compliance with the law of that state is validly executed for purposes of this chapter.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

The statutory form of durable power of attorney is as follows: STATUTORY FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important legal document which is authorized by the general laws of this state. Before executing this docum…

(a) A durable power of attorney may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or any health care provider…

The attending physician who had knowledge of the existence of a durable power of attorney shall note in the medical record the existence of the durable power of attorney. In the instance where the durable power of attorney includes a DNR (do not resuscitate) order, that should al…

(a) A patient has the right to make decisions regarding use of life sustaining procedures as long as the patient is able to do so. If a patient is not able to make those decisions, the durable power of attorney governs decisions regarding use of life sustaining procedures. (b) Th…

An attending physician or health-care provider who refuses to comply with the durable power of attorney of a patient pursuant to this chapter shall make the necessary arrangements to effect the transfer of the patient to another physician who will effectuate the durable power of …

(a) In the absence of actual notice of the revocation of a durable power of attorney, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or charges of unprofessional conduct: (1) A physician who acts pur…

(a) Failure of a physician to transfer a patient pursuant to § 23-4.10-6 shall constitute “unprofessional conduct” as that term is used in § 5-37-5.1. (b) Any person who willfully conceals, cancels, defaces, or obliterates the durable power of attorney of another absent the decla…

(a) Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a durable power of attorney and in accordance with this chapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a durable power of attorney pursuant to …

(a) The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have life sustaining procedures withheld or withdrawn in instances of a terminal condition. (b) In order…

(a) Death resulting from the withholding or withdrawal of life sustaining procedures pursuant to a declaration and in accordance with this chapter does not constitute, for any purpose, a suicide or homicide. (b) The making of a declaration pursuant to § 23-4.11-3 does not affect …

A physician or health care provider or emergency medical services personnel may presume, in the absence of actual notice to the contrary, that a declaration complies with the requirements of this chapter and is valid.

A declaration executed in another state in compliance with the law of that state is validly executed for purposes of this chapter.

(a) Upon the request of a physician, acting on behalf of a qualified patient who does not wish to be resuscitated, the department of health shall issue a nontransferable, nonremovable bracelet to a specific qualified patient, which will be marked “DNR”, meaning “do not resuscitat…

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisio…

The following definitions govern the construction of this chapter: (1) “Advance directive protocol” means a standardized, state-wide method developed for emergency medical services personnel by the department of health and approved by the ambulance service advisory board, of prov…

(a) A competent individual eighteen (18) years of age or older may at any time execute a declaration governing the withholding or withdrawal of life sustaining procedures. The declaration must be signed by the declarant, or another at the declarant’s direction in the presence of …

(a) The department of health shall establish rules and regulations, consistent with the provisions of this section, for the establishment of Medical Orders for Life Sustaining Treatment and the structure and content of Medical Orders for Life Sustaining Treatment forms. (b)(1) A …

(a)(1) A declaration may be revoked at any time and in any manner by which the declarant is able to communicate an intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or any health care provider upon commu…

Upon determining that the declarant is in a terminal condition, the attending physician who has notice of a declaration shall record the determination and the substance of the declaration in the declarant’s medical record.

(a) A qualified patient has the right to make decisions regarding use of life sustaining procedures as long as the patient is able to do so. If a qualified patient is not able to make those decisions, the declaration governs decisions regarding use of life sustaining procedures. …

An attending physician or health care provider who refuses to comply with the declaration of a qualified patient pursuant to this chapter shall make the necessary arrangements to effect the transfer of the qualified patient to another physician who will effectuate the declaration…

(a) In the absence of actual notice of the revocation of a declaration, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or charges of unprofessional conduct: (1) A physician who causes the withholding…

(a) Failure of a physician to transfer a patient pursuant to § 23-4.11-7 shall constitute “unprofessional conduct” as that term is used in § 5-37-5.1. (b) Failure of a physician to record the determination of terminal condition pursuant to § 23-4.11-5 shall constitute “unprofessi…

This chapter shall be known and may be cited as the “Reproductive Privacy Act.”

(a) Neither the state, nor any of its agencies, or political subdivisions shall: (1) Restrict an individual person from preventing, commencing, continuing, or terminating that individual’s pregnancy prior to fetal viability; (2) Interfere with an individual person’s decision to c…