Professional Documents
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House Bill 1247
House Bill 1247
01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1247
of North Dakota
Introduced by
1 A BILL for an Act to amend and reenact subsection 3 of section 4.1-26-20, sections 5-01-08 and
2 6-03-76, subsection 8 of section 6-08.1-03, sections 6-08.5-02 and 6-08.5-03, subsection 2 of
3 section 6-09.15-01, section 10-04-08.5, subsection 16 of section 11-16-01, subdivision n of
4 subsection 5 of section 11-19.1-01, subsection 2 of section 11-19.1-07, subsection 2 of section
5 11-19.1-16, subsection 2 of section 11-23-01, subdivision e of subsection 1 of section
6 12-44.1-28, subdivision b of subsection 1 of section 12-44.1-29, subsection 5 of section
7 12-47-36, section 12-52-02, subsection 2 of section 12-60-24, subsection 5 of section 12-60-26,
8 subsection 26 of section 12.1-01-04, subsection 4 of section 12.1-20-24, subsection 16 of
9 section 12.1-32-15, subsection 4 of section 12.1-41-17, section 13-05-02.2, subsection 8 of
10 section 14-02.1-02, sections 14-02.1-02.1 and 14-02.1-02.2, subsection 4 of section
11 14-02.1-03.4, sections 14-02.1-07, 14-02.1-07.1, 14-02.1-09, 14-07.1-01, and 14-07.1-17,
12 subdivision f of subsection 2 of section 14-07.1-20, section 14-09-08.21, subsection 1 of section
13 14-09-09.7, subsection 4 of section 14-09-09.10, sections 14-09-09.31, 14-09-12, and
14 14-10-05, subsection 2 of section 14-12.2-02, subsection 1 of section 14-12.2-22, sections
15 14-12.2-47.3 and 14-12.2-47.4, subsection 4 of section 14-12.2-47.5, subdivision b of
16 subsection 3 of section 14-12.2-47.8, section 14-13-03, subsection 6 of section 14-15-01,
17 subsection 4 of section 14-15.1-01, sections 14-19-01 and 14-19-05, subdivision d of
18 subsection 1 of section 14-19-06, section 14-19-08, subsection 3 of section 14-19-12,
19 paragraph 1 of subdivision d of subsection 1 of section 14-20-10, subdivision a of subsection 2
20 of section 14-20-12, subsection 3 of section 14-20-14, sections 14-20-15, 14-20-16, 14-20-18,
21 and 14-20-19, subsection 1 of section 14-20-22, sections 14-20-23, 14-20-24, 14-20-57, and
22 15-05-16, subsection 2 of section 15-52-03, section 15.1-02-19, subsection 3 of section
23 15.1-24-01, sections 15.1-32-03, 15.1-32-05, and 15.1-32-19, subsection 2 of section
24 15.1-34-01, section 15.1-34-04, subsection 1 of section 15.1-37-02, sections 18-01-03.1 and
25 18-01-03.2, subsection 1 of section 19-01-01, section 19-01-07, subsection 6 of section
1 section 50-19-01, sections 50-19-04, 50-19-10, 50-19-14, 50-21-02, 50-21-03, and 50-21-04,
2 subsection 1 of section 50-24.1-00.1, section 50-24.1-01.3, subdivision a of subsection 1 of
3 section 50-24.1-29, sections 50-24.1-34, 50-24.1-37, and 50-24.1-38, subsection 2 of section
4 50-24.1-40, sections 50-24.3-01, 50-24.3-03, and 50-24.3-03.1, subsection 3 of section
5 50-24.4-01, section 50-24.4-12, subsection 1 of section 50-24.4-19, subsection 4 of section
6 50-24.5-01, sections 50-24.5-02.2 and 50-24.5-10, subsection 3 of section 50-24.6-01,
7 subsection 3 of section 50-24.7-01, subsection 3 of section 50-24.8-01, subsection 9 of section
8 50-25.1-02, subsection 17 of section 50-25.1-02, section 50-25.1-04.2, subsection 10 of section
9 50-25.1-15, subsection 5 of section 50-25.2-01, sections 50-27-01 and 50-27-03, subsection 5
10 of section 50-28-01, subsection 3 of section 50-29-01, subsection 2 of section 50-30-01,
11 subsection 1 of section 50-31-01, subsection 2 of section 50-32-01, section 50-32-02.1,
12 subsection 7 of section 50-33-01, subsection 1 of section 50-35-01, subsection 3 of section
13 52-01-03, subsection 5 of section 53-12.1-12, subsection 1 of section 54-06-04, subsection 3 of
14 section 54-12-08, section 54-23.3-10, subsection 1 of section 54-23.3-12, subsection 3 of
15 section 54-38-01, paragraph 2 of subdivision b of subsection 1 of section 54-44.1-12, sections
16 54-44.3-30, 54-44.3-31, and 54-44.3-32, subsection 3 of section 54-44.8-03, sections
17 54-44.8-06 and 54-46-13, subsection 1 of section 54-59-25, subdivision i of subsection 2 of
18 section 54-59-26, subdivision g of subsection 1 of section 54-59-33, subdivision a of
19 subsection 1 of section 54-60-19, section 57-38-01.16, subsection 1 of section 57-38.3-02,
20 subsection 3 of section 57-38.3-04, subsection 24 of section 57-39.2-04, subdivision f of
21 subsection 4 of section 57-40.6-10, section 57-63-03, subdivision n of subsection 2 of section
22 59-09-02, section 61-38-03, paragraph 3 of subdivision a of subsection 16 of section 65-01-02,
23 and section 65-05.1-06.3 of the North Dakota Century Code, relating to merging of the state
24 department of health and the department of human services; to provide a statement of
25 legislative intent; to provide for a legislative management report; to provide a penalty; and to
26 provide a continuing appropriation.
1 3. Before a dairy farmer may be licensed by the board, as required by this chapter, the
2 dairy farmer shall provide proof of inspection by the agriculture commissioner or the
3 state department of health and human services, as provided for in accordance with
4 section 23-01-16.
5 SECTION 2. AMENDMENT. Section 5-01-08 of the North Dakota Century Code is amended
6 and reenacted as follows:
7 5-01-08. Individuals under twenty-one years of age prohibited from using alcoholic
8 beverages or entering licensed premises - Penalty.
9 1. Except as permitted in this section and section 5-02-06, an individual under
10 twenty-one years of age may not manufacture or attempt to manufacture, purchase or
11 attempt to purchase, consume or have recently consumed other than during a
12 religious service, be under the influence of, be in possession of, or furnish money to
13 any individual for the purchase of an alcoholic beverage.
14 2. An individual under twenty-one years of age may not enter any licensed premises
15 where alcoholic beverages are being sold or displayed, except:
16 a. A restaurant if accompanied by a parent or legal guardian;
17 b. In accordance with section 5-02-06;
18 c. If the individual is an independent contractor or the independent contractor's
19 employee engaged in contract work and is not engaged in selling, dispensing,
20 delivering, or consuming alcoholic beverages;
21 d. If the individual is a law enforcement officer or other public official who enters the
22 premises in the performance of official duty; or
23 e. If the individual enters the premises for training, education, or research purposes
24 under the supervision of an individual twenty-one or more years of age with prior
25 notification of the local licensing authority.
26 3. A violation of this section is a class B misdemeanor. For a violation of subsection 1
27 or 2, the court also shall sentence a violator to an evidence-based alcohol and drug
28 education program operated under rules adopted by the department of health and
29 human services under section 50-06-44.
1 4. The court, under this section, may refer the individual to an outpatient addiction facility
2 licensed by the department of health and human services for evaluation and
3 appropriate counseling or treatment.
4 5. The offense of consumption occurs in the county of consumption or the county where
5 the offender is arrested.
6 6. An individual under twenty-one years of age is immune from criminal prosecution
7 under this section if that individual contacted law enforcement or emergency medical
8 services and reported that another individual under twenty-one years of age was in
9 need of medical assistance due to alcohol consumption, provided assistance to the
10 individual in need of medical assistance until assistance arrived and remained on the
11 scene, or was the individual in need of medical assistance and cooperated with
12 medical assistance and law enforcement personnel on the scene. The maximum
13 number of individuals that may be immune for any one occurrence is five individuals.
14 SECTION 3. AMENDMENT. Section 6-03-76 of the North Dakota Century Code is amended
15 and reenacted as follows:
16 6-03-76. Records search reimbursement.
17 Any financial institution authorized to do business in this state must be reimbursed as
18 follows for all records searches done at the request of any state agency or any branch of the
19 state government except the department of health and human services. Further, any federal
20 agency or any branch of the federal government must also make such reimbursement if
21 authorized to do so:
22 1. For search and processing time at the rate of thirty dollars per hour per person,
23 computed on the basis of seven dollars and fifty cents per quarter hour, limited to the
24 total amount of personnel time spent in locating, retrieving, reproducing, packaging,
25 and preparing for shipment documents or information requested.
26 2. For making copies of duplicates of required or requested documents at the rate of
27 fifteen cents per page.
28 3. For making copies of photographs, films, and other materials at the actual cost
29 incurred by the financial institution.
1 The financial institution must be reimbursed for all actual mailing or transportation expenses
2 incurred in conveying the requested or required materials to the requesting agency. The
3 reimbursement provisions of this section shall not apply to standard confirmations.
4 SECTION 4. AMENDMENT. Subsection 8 of section 6-08.1-03 of the North Dakota Century
5 Code is amended and reenacted as follows:
6 8. For purposes of reporting suspected financial exploitation of an eligible adult under
7 chapter 6-08.5 to a law enforcement agency or the department of health and human
8 services. This subsection may not be construed to impose a duty on a financial
9 institution to investigate a suspected financial exploitation of an eligible adult or to
10 make a report to the department of health and human services or law enforcement
11 agency.
12 SECTION 5. AMENDMENT. Section 6-08.5-02 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 6-08.5-02. Eligible adult financial exploitation prevention - Duration of refusal or
15 hold - Notification and reporting - Immunity.
16 1. If a financial service provider has a good faith belief to suspect financial exploitation
17 occurred, was attempted, or is being attempted, the financial service provider may
18 refuse a financial transaction or hold a financial transaction on an account:
19 a. Belonging to the eligible adult;
20 b. On which the eligible adult is a beneficiary, including a trust, guardianship, or
21 conservatorship account; or
22 c. Belonging to a person suspected of perpetrating financial exploitation.
23 2. A financial service provider may refuse a financial transaction or hold a financial
24 transaction under this section if the department of health and human services or a law
25 enforcement agency provides information to the financial service provider
26 demonstrating it is reasonable to believe financial exploitation occurred, was
27 attempted, or is being attempted.
28 3. Subsection 2 does not require a financial service provider to refuse a financial
29 transaction or hold a financial transaction if provided with information by the
30 department of health and human services or a law enforcement agency alleging
31 financial exploitation occurred, was attempted, or is being attempted. Except as
1 (b) Notifies the department of health and human services and the
2 commissioner within two days after the requested transaction or
3 disbursement; and
4 (c) Continues its internal review of the suspected or attempted financial
5 exploitation of the eligible adult as necessary.
6 b. Any delay of a transaction or disbursement authorized by this section expires
7 upon the earlier of:
8 (1) A determination by the broker-dealer or investment adviser that the
9 transaction or disbursement will not result in financial exploitation of the
10 eligible adult; or
11 (2) Fifteen business days after the date on which the broker-dealer or
12 investment adviser first delayed the transaction or disbursement of the
13 funds or securities, unless the department of health and human services or
14 the commissioner requests the broker-dealer or investment adviser extend
15 the delay, in which case the delay expires within twenty-five business days
16 after the date the broker-dealer or investment adviser first delayed the
17 transaction or disbursement of the funds or securities unless the delay is
18 terminated by either of the agencies or an order of a court of competent
19 jurisdiction.
20 c. A court of competent jurisdiction or the commissioner may enter an order
21 extending the delay of the transaction or disbursement of funds or securities or
22 may order other protective relief based on the broker-dealer, investment adviser,
23 or other interested party's petition that initiated the delay under this section.
24 6. A broker-dealer or investment adviser who in good faith and exercising reasonable
25 care complies with this section is immune from any administrative or civil liability that
26 may otherwise arise from a delay in the transaction or disbursement in accordance
27 with this section.
28 7. A broker-dealer or investment adviser shall provide access to or copies of records that
29 are relevant to the suspected or attempted financial exploitation of an eligible adult to
30 the department of health and human services and to law enforcement, either as part of
31 a referral to the department or to law enforcement, or upon request of the department
1 the age of one year of the right to the performance of an autopsy, at state expense, as
2 provided by this chapter.
3 SECTION 12. AMENDMENT. Subsection 2 of section 11-19.1-16 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 2. The state department of health and human services shall audit, and if found correct,
6 certify for payment by the state treasurer duly itemized and verified claims of the
7 coroner, the coroner's medical deputy, and pathologist for the necessary expenses
8 incurred or paid in the performance of an autopsy of a child whose cause of death was
9 suspected to have been the sudden infant death syndrome.
10 SECTION 13. AMENDMENT. Subsection 2 of section 11-23-01 of the North Dakota Century
11 Code is amended and reenacted as follows:
12 2. a. The departmental budget submitted by the human service zone may not exceed
13 an amount determined by the department of health and human services and the
14 human service zone director pursuant to section 50-35-04 and must include the
15 county's cost allocation of indirect costs based on a formula established by the
16 department of health and human services.
17 b. The county share of the human service zone's indirect costs must be funded
18 entirely from the county's general fund.
19 c. The department of health and human services shall develop a process to review
20 a request from a human service zone for any proposed increase in staff. As part
21 of its review process, the department of health and human services shall review
22 pertinent factors, which may include caseload information. If the department of
23 health and human services approves a request for a proposed increase in staff,
24 the human service zone budget may be increased by the amount determined
25 necessary by the department of health and human services to fund the approved
26 additional staff. The human service zone director shall submit the proposed
27 increase in staff to the human service zone board for review. The human service
28 zone director shall work with the department to achieve equitable compensation
29 and salary increases for all human service zone team members within the human
30 service zone. The human service zone director shall notify appropriate host
31 county staff of all staffing changes for administrative purposes.
1 aftercare program under conditions approved by the superintendent. Nothing in this chapter
2 prevents the placing of any person into the person's own home or into a licensed foster home
3 under any program administered by the department of health and human services.
4 SECTION 18. AMENDMENT. Subsection 2 of section 12-60-24 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 2. The bureau of criminal investigation shall provide to each agency, official, or entity
7 listed in this subsection who has requested a statewide and nationwide criminal history
8 record check, the response of the federal bureau of investigation and any statewide
9 criminal history record information that may lawfully be made available under this
10 chapter:
11 a. The governing body of a city or a county, by ordinance or resolution, for a final
12 applicant for a specified occupation with the city or county.
13 b. The agriculture commissioner for each applicant for a license to grow or process
14 hemp under section 4.1-18.1-02.
15 c. The education standards and practices board for initial, re-entry, and reciprocal
16 teacher licenses under sections 15.1-13-14 and 15.1-13-20 and school guidance
17 and counseling services under section 15.1-13-23.
18 d. The North Dakota board of medicine for licenses or disciplinary investigations
19 under section 43-17-07.1, except that criminal history record checks need not be
20 made unless required by the board.
21 e. The private investigative and security board for licenses or registrations under
22 section 43-30-06.
23 f. The department of health and human services for foster care licenses, approvals,
24 and identified relatives under chapter 50-11, appointments of legal guardians
25 under chapter 50-11.3, and petitions for adoptions under chapter 50-12, except
26 that the criminal history record investigation must be conducted in accordance
27 with those chapters. A criminal history record investigation completed under
28 chapter 50-11, 50-11.3, or 50-12 may be used to satisfy the requirements of a
29 criminal history record investigation under either of the other two chapters.
30 g. The department of health and human services for criminal history record checks
31 authorized under section 50-06-01.9.
1 h. The chief information officer of the information technology department for certain
2 individuals under section 54-59-20.
3 i. A public peace officer training school that has been approved by the peace officer
4 standards and training board for enrollees in the school. The school may only
5 disclose the criminal history record information as authorized by law. The school
6 shall pay the costs for securing the fingerprints, any criminal history record
7 information made available under this chapter, and for the nationwide criminal
8 history record check. This subdivision does not apply to the highway patrol law
9 enforcement training center and enrollees who have a limited license under
10 section 12-63-09.
11 j. The North Dakota public employees retirement board for individuals first
12 employed by the public employees retirement board after July 31, 2005, who
13 have unescorted physical access to the office or any security-sensitive area of
14 the office as designated by the executive director.
15 k. The executive director of the retirement and investment office for individuals first
16 employed by the retirement and investment office after July 31, 2005, who have
17 unescorted physical access to the office or any security-sensitive area of the
18 office as designated by the executive director.
19 l. The Bank of North Dakota for a final applicant for a specified occupation with the
20 Bank as designated by the president.
21 m. Job service North Dakota for all employees, final applicants for employment with
22 job service, and contractors with access to federal tax information.
23 n. The state department of health and human services for a final applicant for or an
24 employee in a specified occupation with the department as designated by the
25 state health officer; an individual being investigated by the department; or, when
26 requested by the department, an applicant for registration, certification, or
27 licensure by the department.
28 o. The state board of nursing for applicants, licensees, registrants, or disciplinary
29 investigations under chapter 43-12.1, except that criminal history record checks
30 need not be made unless required by the board.
1 x. (1) The board of a school district, for employees designated by the board,
2 provided the board is responsible for paying the costs associated with
3 obtaining a criminal history record check;
4 (2) The board of a multidistrict special education unit, for employees designated
5 by the board, provided the board is responsible for paying the costs
6 associated with obtaining a criminal history record check;
7 (3) The board of an area career and technology center, for employees
8 designated by the board, provided the board is responsible for paying the
9 costs associated with obtaining a criminal history record check;
10 (4) The board of a regional education association, for employees designated by
11 the board, provided the board is responsible for paying the costs associated
12 with obtaining a criminal history record check; and
13 (5) The superintendent of public instruction in the case of a nonpublic school or
14 a state school with a superintendent appointed by or reporting to the
15 superintendent of public instruction, for employees designated by the
16 nonpublic or state school, provided the nonpublic or state school is
17 responsible for paying the costs associated with obtaining a criminal history
18 record check.
19 y. (1) The board of a school district, for a final applicant seeking employment with
20 the district or otherwise providing services to the district, if that individual
21 has unsupervised contact with students, provided the board is responsible
22 for paying the costs associated with obtaining a criminal history record
23 check;
24 (2) The board of a multidistrict special education unit, for a final applicant
25 seeking employment with the unit or otherwise providing services to the unit,
26 if that individual has unsupervised contact with students, provided the board
27 is responsible for paying the costs associated with obtaining a criminal
28 history record check;
29 (3) The board of an area career and technology center, for a final applicant
30 seeking employment with the center or otherwise providing services to the
31 center, if that individual has unsupervised contact with students, provided
1 the board is responsible for paying the costs associated with obtaining a
2 criminal history record check;
3 (4) The board of a regional education association, for a final applicant seeking
4 employment with the association or otherwise providing services to the
5 association if that individual has unsupervised contact with students,
6 provided the board is responsible for paying the costs associated with
7 obtaining a criminal history record check; and
8 (5) The superintendent of public instruction in the case of a nonpublic school or
9 a state school with a superintendent appointed by or reporting to the
10 superintendent of public instruction, for a final applicant seeking
11 employment with the school or otherwise providing services to the school, if
12 that individual has unsupervised contact with students, provided the board is
13 responsible for paying the costs associated with obtaining a criminal history
14 record check.
15 (6) For purposes of this subdivision, "unsupervised contact" with students
16 means being in proximity to one or more students, on school grounds or at
17 school functions, outside the presence of an individual who has been
18 subject to a criminal history record check.
19 z. The racing commission for applicants for licenses under chapter 53-06.2, except
20 that criminal history record checks need not be made unless required by the
21 commission.
22 aa. A district court for a petition to change a name under chapter 32-28.
23 bb. The state board of pharmacy for a wholesale drug distributor seeking licensure
24 under chapter 43-15.3.
25 cc. The board of dental examiners for investigations of applicants or dentists under
26 section 43-28-11.2, except that criminal history record checks need not be made
27 unless required by the board.
28 dd. The department of financial institutions for each applicant for a specified
29 occupation with the department as specified by the commissioner and principal
30 owners and managing officers of applicants for a license from the department of
31 financial institutions.
1 ee. The office of tax commissioner for all employees, final applicants for employment
2 with the tax commissioner, and contractors with access to federal tax information.
3 ff. The state board of examiners for nursing home administrators for applicants for
4 licensure or licensees under chapter 43-34, except that criminal history record
5 checks for licensees need not be made unless required by the board.
6 gg. The marriage and family therapy licensure board for applicants, licensees, or
7 investigations under chapter 43-53, except that criminal history record checks
8 need not be made unless required by the board.
9 hh. The state board of chiropractic examiners for applicants, licensees, certificates,
10 or investigations under chapter 43-06, except that criminal history record checks
11 need not be made unless required by the board.
12 ii. Workforce safety and insurance for a final applicant for a specified occupation
13 with workforce safety and insurance as designated by the director, or for
14 contractors who may have access to confidential information as designated by
15 the director.
16 jj. The board of counselor examiners for applicants for licensure or licensees under
17 chapter 43-47, except that criminal history record checks for licensees need not
18 be made unless required by the board.
19 kk. The state board of respiratory care for applicants, licensees, or investigations
20 under chapter 43-42, except that criminal history record checks need not be
21 made unless required by the board.
22 ll. The North Dakota real estate appraiser qualifications and ethics board for
23 applicants for permits or registration or permittees, registrants, owners, or
24 controlling persons under chapters 43-23.3 and 43-23.5, except that criminal
25 history record checks for permittees, registrants, owners, or controlling persons
26 need not be made unless required by the board.
27 mm. The insurance department for criminal history record checks authorized under
28 chapters 26.1-26 and 26.1-26.8.
29 nn. The office of the adjutant general for employees and volunteers working with the
30 recruiting and retention, sexual assault, and youth programs.
1 oo. The parks and recreation department for volunteers and final applicants for
2 employment, as determined by the director of the parks and recreation
3 department.
4 pp. The North Dakota medical imaging and radiation therapy board of examiners for
5 licensure and licensees under chapter 43-62, except that criminal history record
6 checks for licensees need not be made unless required by the board.
7 qq. The game and fish department for volunteers and final applicants for
8 employment, as determined by the director of the game and fish department.
9 rr. The North Dakota board of massage for applicants, licensees, or investigations
10 under chapter 43-25.
11 ss. The North Dakota board of physical therapy for physical therapist and physical
12 therapist assistant applicants and for licensees under investigation, except that
13 criminal history record checks need not be made unless required by the board.
14 tt. The department of commerce for volunteers and employees providing services
15 through eligible organizations, as determined by the commissioner of commerce.
16 uu. The state court administrator for a guardian ad litem who provides direct services
17 to youth.
18 vv. The department of environmental quality for a final applicant for or an employee
19 specified in occupation with the department; an individual being investigated by
20 the department; or, when requested by the department, an applicant for
21 registration, certification, or licensure by the department.
22 ww. The housing finance agency for criminal history record checks authorized under
23 section 54-17-07.13.
24 xx. The office of state treasurer for each individual who has access to federal tax
25 information.
26 SECTION 19. AMENDMENT. Subsection 5 of section 12-60-26 of the North Dakota
27 Century Code is amended and reenacted as follows:
28 5. When the division of vital records of the state department of health and human
29 services receives a notice from a law enforcement authority that a child is reported as
30 lost, missing, or runaway, the division of vital records shall:
31 a. Flag the records of the individual; and
1 b. Notify the bureau and a local law enforcement authority if a request for records is
2 received from any source.
3 SECTION 20. AMENDMENT. Subsection 26 of section 12.1-01-04 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 26. "Risk assessment" means an initial phase with a secondary process approved by the
6 department of health and human services for the evaluation of the likelihood a person
7 that committed an offense will commit another similar offense. The initial phase is an
8 assessment tool that is administered by a trained probation and parole officer. A
9 predetermined score on the initial phase initiates the secondary process that includes
10 a clinical interview, psychological testing, and verification through collateral information
11 or psychophysiological testing, or both. The department of health and human services
12 shall perform the secondary process of the risk assessment.
13 SECTION 21. AMENDMENT. Subsection 4 of section 12.1-20-24 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 4. The state department of health and human services or the state's attorney having
16 jurisdiction may bring an action to enjoin a pattern of violations of this section.
17 SECTION 22. AMENDMENT. Subsection 16 of section 12.1-32-15 of the North Dakota
18 Century Code is amended and reenacted as follows:
19 16. If a juvenile is adjudicated delinquent and required or ordered to register as a sexual
20 offender or as an offender against a child under this section, the juvenile shall comply
21 with the registration requirements in this section. Notwithstanding any other provision
22 of law, a law enforcement agency shall register a juvenile offender in the same manner
23 as adult offenders and may release any relevant and necessary information on file to
24 other law enforcement agencies, the department of health and human services, or the
25 public if disclosure is necessary to protect public health or safety. The law enforcement
26 agency shall release any relevant and necessary information on file to the
27 superintendent or principal of the school the juvenile attends. The school
28 administration shall notify others in similar positions if the juvenile transfers to another
29 learning institution in or outside the state.
30 SECTION 23. AMENDMENT. Subsection 4 of section 12.1-41-17 of the North Dakota
31 Century Code is amended and reenacted as follows:
1 4. For purposes of this section, "a benefit or service available through the state" does not
2 include a benefit or service of a program administered by the department of health and
3 human services using federal or special funds, if the victim or minor does not meet
4 program eligibility requirements including an eligibility requirement that is based on
5 immigration status.
6 SECTION 24. AMENDMENT. Section 13-05-02.2 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 13-05-02.2. Child support collection agencies.
9 1. Notwithstanding sections 13-05-02 and 13-05-02.3, a collection agency attempting in
10 any manner to collect child support as defined in section 14-09-09.10 must be licensed
11 under this chapter if either the child support debtor or creditor reside within this state, if
12 the child support debt arises under an order issued by a court of this state, or if a
13 record of the child support debt is being maintained on the statewide automated data
14 processing system under section 50-09-02.1.
15 2. A collection agency licensed under this section may not:
16 a. Impose a fee or charge for any child support collected primarily through the
17 efforts of a governmental agency;
18 b. Impose a fee or charge for collection of a current child support payment; or
19 c. Designate a current child support payment as past-due support or other amount
20 owed.
21 3. If the child support debt arises under an order issued by a court of this state, or if a
22 record of the child support debt is being maintained on the statewide automated data
23 processing system under section 50-09-02.1, all child support payments collected by a
24 collection agency must be paid to the department of health and human services within
25 five business days for disbursement under section 14-09-25. Child support payments
26 disbursed under section 14-09-25 may not be redirected to a collection agency unless
27 specifically permitted by rules adopted by the department of health and human
28 services.
29 4. A collection agency failing to pay child support payments to the department of health
30 and human services as required in this section is liable to the obligor for three times
31 the amount improperly withheld by the collection agency or five hundred dollars,
1 for public assistance benefits, except that those benefits may not be used to
2 obtain an abortion. The materials also must state that any physician who
3 performs an abortion upon a woman without her informed consent may be liable
4 to her for damages in a civil action and that the law permits adoptive parents to
5 pay costs of prenatal care, childbirth, and neonatal care. The materials must
6 include the following statement: There are many public and private agencies
7 willing and able to help you to carry your child to term and to assist you and your
8 child after your child is born, whether you choose to keep your child or to place
9 your child for adoption. The state of North Dakota strongly urges you to contact
10 one or more of these agencies before making a final decision about abortion. The
11 law requires that your physician or your physician's agent give you the
12 opportunity to call agencies like these before you undergo an abortion.
13 b. Materials, published in a booklet format, designed to inform the woman of the
14 probable anatomical and physiological characteristics of the unborn child at
15 two-week gestational increments from the time when a woman can be known to
16 be pregnant to full term, including any relevant information on the possibility of
17 the survival of the unborn child and color photographs of the development of an
18 unborn child at two-week gestational increments. The descriptions must include
19 information about brain and heart function, the presence of external members
20 and internal organs during the applicable states of development, and any
21 relevant information on the possibility of the unborn child's survival. The materials
22 must be objective, nonjudgmental, and designed to convey only accurate
23 scientific information about the unborn child at the various gestational ages. The
24 materials required under this subsection must be reviewed, updated, and
25 reprinted as needed.
26 c. Materials that include information on the support obligations of the father of a
27 child who is born alive, including the father's legal duty to support his child, which
28 may include child support payments and health insurance, and the fact that
29 paternity may be established by the father's signature on an acknowledgment of
30 paternity or by court action. The printed material must also state that more
31 information concerning paternity establishment and child support services and
1 4. The state department of health and human services shall make the signs required by
2 this section available for download in a printable format on its internet website.
3 SECTION 29. AMENDMENT. Section 14-02.1-07 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 14-02.1-07. Records required - Reporting of practice of abortion.
6 1. Records:
7 a. All abortion facilities and hospitals in which abortions are performed shall keep
8 records, including admission and discharge notes, histories, results of tests and
9 examinations, nurses' worksheets, social service records, and progress notes,
10 and shall further keep a copy of all written certifications provided for in this
11 chapter as well as a copy of the constructive notice forms, consent forms, court
12 orders, abortion data reports, adverse event reports, abortion compliance reports,
13 and complication reports. All abortion facilities shall keep the following records:
14 (1) The number of women who availed themselves of the opportunity to receive
15 and view an ultrasound image of their unborn children pursuant to section
16 14-02.1-04, and the number who did not; and of each of those numbers, the
17 number who, to the best of the reporting abortion facility's information and
18 belief, went on to obtain the abortion.
19 (2) Postfertilization age:
20 (a) If a determination of probable postfertilization age was not made, the
21 basis of the determination that a medical emergency existed.
22 (b) If the probable postfertilization age was determined to be twenty or
23 more weeks and an abortion was performed, the basis of the
24 determination that a medical emergency existed.
25 b. The medical records of abortion facilities and hospitals in which abortions are
26 performed and all information contained therein must remain confidential and
27 may be used by the state department of health and human services only for
28 gathering statistical data and ensuring compliance with the provisions of this
29 chapter.
30 c. Records must be maintained in the permanent files of the hospital or abortion
31 facility for a period of not less than seven years.
1 2. Reporting:
2 a. An individual abortion compliance report and an individual abortion data report for
3 each abortion performed upon a woman must be completed by her attending
4 physician. The abortion data report must be confidential and may not contain the
5 name of the woman. The abortion data report must include the data called for in
6 the United States standard report of induced termination of pregnancy as
7 recommended by the national center for health statistics.
8 b. All abortion compliance reports must be signed by the attending physician within
9 twenty-four hours and submitted to the state department of health and human
10 services within ten business days from the date of the abortion. All abortion data
11 and complication reports must be signed by the attending physician and
12 submitted to the state department of health and human services within thirty days
13 from the date of the abortion. If a physician provides an abortion-inducing drug to
14 another for the purpose of inducing an abortion and the physician knows that the
15 individual experiences during or after the use an adverse event, the physician
16 shall provide a written report of the adverse event within thirty days of the event
17 to the state department of health and human services and the federal food and
18 drug administration via the medwatch reporting system. For purposes of this
19 section, "adverse event" is defined based upon the federal food and drug
20 administration criteria given in the medwatch reporting system. If a determination
21 of probable postfertilization age was not made, the abortion compliance report
22 must state the basis of the determination that a medical emergency existed. If the
23 probable postfertilization age was determined to be twenty or more weeks and an
24 abortion was performed, the abortion compliance report must state the basis of
25 the determination that a medical emergency existed.
26 c. A copy of the abortion report, any complication report, and any adverse event
27 report must be made a part of the medical record of the patient at the facility or
28 hospital in which the abortion was performed. In cases when post-abortion
29 complications are discovered, diagnosed, or treated by physicians not associated
30 with the facility or hospital where the abortion was performed, the state
1 department of health and human services shall forward a copy of the report to
2 that facility or hospital to be made a part of the patient's permanent record.
3 d. The state department of health and human services is responsible for collecting
4 all abortion compliance reports, abortion data reports, complication reports, and
5 adverse event reports and collating and evaluating all data gathered from these
6 reports and shall annually publish a statistical report based on data from
7 abortions performed in the previous calendar year. All abortion compliance
8 reports received by the state department of health and human services are public
9 records. Except for disclosure to a law enforcement officer or state agency, the
10 department may not disclose an abortion compliance report without first removing
11 any individually identifiable health information and any other demographic
12 information, including race, marital status, number of previous live births, and
13 education regarding the woman upon whom the abortion was performed.
14 e. The state department of health and human services shall report to the attorney
15 general any apparent violation of this chapter.
16 SECTION 30. AMENDMENT. Section 14-02.1-07.1 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 14-02.1-07.1. Forms.
19 The state department of health and human services shall make available to physicians,
20 hospitals, and all abortion facilities the forms required by this chapter.
21 SECTION 31. AMENDMENT. Section 14-02.1-09 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 14-02.1-09. Humane disposal of nonviable unborn child.
24 The physician performing the abortion, if performed outside of a hospital, must see to it that
25 the unborn child is disposed of in a humane fashion under regulations established by the state
26 department of health and human services. A licensed hospital in which an abortion is performed
27 must dispose of a dead unborn child in a humane fashion in compliance with regulations
28 promulgated by the state department of health and human services.
29 SECTION 32. AMENDMENT. Section 14-07.1-01 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 14-07.1-01. Definitions.
2 1. "Department" means the state department of health and human services.
3 2. "Domestic violence" includes physical harm, bodily injury, sexual activity compelled by
4 physical force, assault, or the infliction of fear of imminent physical harm, bodily injury,
5 sexual activity compelled by physical force, or assault, not committed in self-defense,
6 on the complaining family or household members.
7 3. "Domestic violence sexual assault organization" means a private, nonprofit
8 organization whose primary purpose is to provide emergency housing,
9 twenty-four-hour crisis lines, advocacy, supportive peer counseling, community
10 education, and referral services for victims of domestic violence and sexual assault.
11 4. "Family or household member" means a spouse, family member, former spouse,
12 parent, child, persons related by blood or marriage, persons who are in a dating
13 relationship, persons who are presently residing together or who have resided
14 together in the past, persons who have a child in common regardless of whether they
15 are or have been married or have lived together at any time, and, for the purpose of
16 the issuance of a domestic violence protection order, any other person with a sufficient
17 relationship to the abusing person as determined by the court under section
18 14-07.1-02.
19 5. "Health officer" means the state health officer of the department.
20 6. "Law enforcement officer" means a public servant authorized by law or by a
21 government agency to enforce the law and to conduct or engage in investigations of
22 violations of law.
23 7.6. "Predominant aggressor" means an individual who is the most significant, not
24 necessarily the first, aggressor.
25 8.7. "Willfully" means willfully as defined in section 12.1-02-02.
26 SECTION 33. AMENDMENT. Section 14-07.1-17 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 14-07.1-17. Duties of health officerthe department.
29 The health officerdepartment shall:
30 1. Respond to all applicants within sixty days after the deadline for receipt of
31 applications, whether or not the applicant is eligible for funds.
1 2. Ensure that no more than ten percent of the moneys allocated to the domestic
2 violence prevention fund in any biennium is expended for departmental administration
3 of the grant program.
4 3. Distribute grants to eligible applicants in accordance with the purposes of sections
5 14-07.1-15 through 14-07.1-18.
6 SECTION 34. AMENDMENT. Subdivision f of subsection 2 of section 14-07.1-20 of the
7 North Dakota Century Code is amended and reenacted as follows:
8 f. Employees of the state department of health and human services and county
9 social services;
10 SECTION 35. AMENDMENT. Section 14-09-08.21 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 14-09-08.21. Termination of parental rights - Duty of support.
13 A termination of parental rights does not terminate the duty of either parent to support the
14 child before the child's adoption unless that duty is specially terminated by order of the court
15 after notice of a proposed termination or relinquishment is given to the department of health and
16 human services in the manner appropriate for the service of process in a civil action in this
17 state. A termination of a child support obligation under this section does not relieve a parent of
18 the duty to pay any unpaid child support.
19 SECTION 36. AMENDMENT. Subsection 1 of section 14-09-09.7 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 1. The department of health and human services shall establish child support guidelines
22 to assist courts in determining the amount a parent should be expected to contribute
23 toward the support of the child under this section. The guidelines must:
24 a. Include consideration of gross income. For purposes of the guidelines, gross
25 income does not include an employee benefit over which the employee does not
26 have significant influence or control over the nature or amount unless:
27 (1) That benefit may be liquidated; and
28 (2) Liquidation of that benefit does not result in the employee incurring an
29 income tax penalty.
30 b. Authorize an expense deduction for determining net income.
31 c. Designate other available resources to be considered.
1 from the parent's estate by civil action, and for this purpose may have the same remedies as
2 any creditor against that estate and against the heirs, devisees, and next of kin of the parent.
3 SECTION 40. AMENDMENT. Section 14-10-05 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 14-10-05. Assignment of children prohibited - Penalty.
6 No person, other than the parents, may assume the permanent care and custody of a child,
7 unless authorized so to do by an order or decree of a court having jurisdiction, except that a
8 parent, upon giving written notice to the department of health and human services and human
9 service zone, may place that person's own child in the home of the child's grandparent, uncle,
10 or aunt for adoption or guardianship by the person receiving the child. The child must be
11 considered abandoned if proceedings for the adoption or guardianship of the child are not
12 initiated by such relative within one year following the date of notice of placement. No parent
13 may assign or otherwise transfer the parent's rights or duties with respect to the care and
14 custody of the parent's child. Any such transfer or assignment, written or otherwise, is void. This
15 section does not affect the right of the parent to consent in writing to the legal adoption of the
16 parent's child, but such written consent does not operate to transfer any right in the child in the
17 absence of a decree by a court having jurisdiction. Any person who violates the provisions of
18 this section is guilty of a class A misdemeanor.
19 SECTION 41. AMENDMENT. Subsection 2 of section 14-12.2-02 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 2. The department of health and human services is the support enforcement agency of
22 this state.
23 SECTION 42. AMENDMENT. Subsection 1 of section 14-12.2-22 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 1. The department of health and human services is the state information agency under
26 this chapter.
27 SECTION 43. AMENDMENT. Section 14-12.2-47.3 of the North Dakota Century Code is
28 amended and reenacted as follows:
1 4. An individual filing a direct request is not entitled to assistance from the department of
2 health and human services.
3 SECTION 46. AMENDMENT. Subdivision b of subsection 3 of section 14-12.2-47.8 of the
4 North Dakota Century Code is amended and reenacted as follows:
5 b. The department of health and human services shall take all appropriate
6 measures to request a child support order for the obligee if the application for
7 recognition and enforcement was received under section 14-12.2-47.4.
8 SECTION 47. AMENDMENT. Section 14-13-03 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 14-13-03. Definitions.
11 In this chapter, unless the context or subject matter otherwise requires:
12 1. "Appropriate authority in the receiving state" as used in paragraph 1 of article V of the
13 compact with reference to this state means the executive director of the department of
14 health and human services.
15 2. "Appropriate public authorities" as used in article III of the compact with reference to
16 this state means the department of health and human services, and the department
17 shall receive and act with reference to notices required by article III.
18 SECTION 48. AMENDMENT. Subsection 6 of section 14-15-01 of the North Dakota
19 Century Code is amended and reenacted as follows:
20 6. "Department" means the department of health and human services.
21 SECTION 49. AMENDMENT. Subsection 4 of section 14-15.1-01 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 4. "Department" means the department of health and human services.
24 SECTION 50. AMENDMENT. Section 14-19-01 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 14-19-01. Definitions.
27 In this chapter, unless the context otherwise requires:
28 1. "Birthing hospital" means a hospital licensed under chapter 23-16 which provides
29 obstetrical services.
30 2. "Department" means the department of health and human services.
1 3. "Donor" means a woman whose body produced an egg for the purposes of assisted
2 conception but does not include a woman whose body produces an egg used for the
3 purpose of conceiving a child for that woman.
4 4. "Gestational carrier" means a woman who enters into an agreement to have an
5 embryo implanted in her and bear the resulting child for intended parents, when the
6 embryo is conceived by using the egg and sperm of the intended parents.
7 5. "Married woman" includes a woman who attempted to marry by a marriage
8 solemnized in apparent compliance with law, although the attempted marriage is or
9 could be declared invalid.
10 6. "Mother" means a woman who gives birth to a child or, if pregnancy resulted from
11 assisted conception, the woman who is the donor but not the woman who is the
12 gestational carrier.
13 7. "Party" means the man with whom the relationship of father and child is sought or
14 established, the child's mother, and, for purposes of proceedings to relieve a party of
15 the relationship of father and child, the child.
16 8. "Relationship of father and child" means the legal relationship existing between a
17 father and the father's natural or adoptive child incident to which the law confers or
18 imposes rights, privileges, duties, and obligations.
19 9. "Voluntary paternity establishment service entity" means the state department of
20 health and human services and any child support agency, as that term is defined in
21 section 14-09-09.10.
22 SECTION 51. AMENDMENT. Section 14-19-05 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 14-19-05. Filing of acknowledgment.
25 An acknowledgment of paternity made under chapter 14-20 must be filed with the state
26 department of health on a form approved by the department, which must include the social
27 security number of the parents and any other information required by the secretary of the United
28 States department of health and human services. Upon request of the department, the state
29 department of health shall furnish a certified copy of an acknowledgment of paternity to the
30 department.
1 (1) The assertion is in a record filed with the state department of health and
2 human services;
3 SECTION 56. AMENDMENT. Subdivision a of subsection 2 of section 14-20-12 of the North
4 Dakota Century Code is amended and reenacted as follows:
5 a. States that another man is a presumed father, unless a denial of paternity signed
6 or otherwise authenticated by the presumed father is filed with the state
7 department of health and human services;
8 SECTION 57. AMENDMENT. Subsection 3 of section 14-20-14 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 3. Subject to subsection 1, an acknowledgment of paternity or denial of paternity takes
11 effect on the birth of the child or the filing of the document with the state department of
12 health and human services, whichever occurs later.
13 SECTION 58. AMENDMENT. Section 14-20-15 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 14-20-15. (305) Effect of acknowledgment or denial of paternity.
16 1. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid
17 acknowledgment of paternity filed with the state department of health and human
18 services is equivalent to an adjudication of paternity of a child and confers upon the
19 acknowledged father all of the rights and duties of a parent and must be recognized as
20 a basis for a support order in any proceeding to establish, enforce, or modify a support
21 order.
22 2. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid denial of
23 paternity by a presumed father filed with the state department of health and human
24 services in conjunction with a valid acknowledgment of paternity is equivalent to an
25 adjudication of the nonpaternity of the presumed father and discharges the presumed
26 father from all rights and duties of a parent.
27 SECTION 59. AMENDMENT. Section 14-20-16 of the North Dakota Century Code is
28 amended and reenacted as follows:
29 14-20-16. (306) No filing fee.
30 The state department of health and human services may not charge for filing an
31 acknowledgment of paternity or denial of paternity.
1 SECTION 60. AMENDMENT. Section 14-20-18 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 14-20-18. (308) Challenge after expiration of period for rescission.
4 1. After the period for rescission under section 14-20-17 has expired, a signatory of an
5 acknowledgment of paternity or denial of paternity may commence a proceeding to
6 challenge the acknowledgment or denial only:
7 a. On the basis of fraud, duress, or material mistake of fact; and
8 b. Within two years after the acknowledgment or denial is filed with the state
9 department of health and human services.
10 2. A party challenging an acknowledgment of paternity or denial of paternity has the
11 burden of proof.
12 SECTION 61. AMENDMENT. Section 14-20-19 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 14-20-19. (309) Procedure for rescission or challenge.
15 1. Every signatory to an acknowledgment of paternity and any related denial of paternity
16 must be made a party to a proceeding to rescind or challenge the acknowledgment or
17 denial.
18 2. For the purpose of rescission of, or challenge to, an acknowledgment of paternity or
19 denial of paternity, a signatory submits to personal jurisdiction of this state by signing
20 the acknowledgment or denial, effective upon the filing of the document with the state
21 department of health and human services.
22 3. Except for good cause shown, during the pendency of a proceeding to rescind or
23 challenge an acknowledgment of paternity or denial of paternity, the court may not
24 suspend the legal responsibilities of a signatory arising from the acknowledgment,
25 including the duty to pay child support.
26 4. A proceeding to rescind or to challenge an acknowledgment of paternity or denial of
27 paternity must be conducted in the same manner as a proceeding to adjudicate
28 parentage under sections 14-20-36 through 14-20-58.
29 5. At the conclusion of a proceeding to rescind or challenge an acknowledgment of
30 paternity or denial of paternity, the court shall order the state department of health and
31 human services to amend the birth record of the child, if appropriate.
1 order for future support and, subject to section 14-09-09.6, custody of and visitation
2 with the child.
3 5. Except as otherwise provided in subsection 6, the court may assess filing fees,
4 reasonable attorney's fees, fees for genetic testing, other costs, and necessary travel
5 and other reasonable expenses incurred in a proceeding under sections 14-20-36
6 through 14-20-58. The court may award attorney's fees, which may be paid directly to
7 the attorney, who may enforce the order in the attorney's own name.
8 6. The court may not assess fees, costs, or expenses against the support enforcement
9 agency of this state or another state, except as provided by other law.
10 7. On request of a party and for good cause shown, the court may order that the name of
11 the child be changed.
12 8. If the order of the court is at variance with the child's birth certificate, the court shall
13 order the state department of health and human services to issue an amended birth
14 registration.
15 9. An order adjudicating parentage must be filed with the state department of health and
16 human services.
17 SECTION 66. AMENDMENT. Section 15-05-16 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 15-05-16. Reports - State geologist - State departmentDepartment of health and
20 human services - Department of environmental quality.
21 The state geologist, state department of health and human services, or department of
22 environmental quality, on the request of the board of university and school lands, shall visit any
23 land leased under section 15-05-09 and shall make a report of the visit to the board. The state
24 geologist, state department of health and human services, or department of environmental
25 quality may not receive a fee for making the examination and report but must be paid necessary
26 expenses incurred in connection with the examination.
27 SECTION 67. AMENDMENT. Subsection 2 of section 15-52-03 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 2. The council consists of sixteen members:
1 a. (1) Two members of the senate, one of whom must be from the majority party
2 and one of whom must be from the minority party, selected by the chairman
3 of the legislative management; and
4 (2) Two members of the house of representatives, one of whom must be from
5 the majority party and one of whom must be from the minority party, to be
6 selected by the chairman of the legislative management; and
7 (3) Two members of the department of health and human services, of which
8 one member is appointed by the state health officer;
9 b. One member selected by each of the following:
10 (1) The department of human services;
11 (2) The state board of higher education;
12 (3) The state department of health;
13 (4)(2) The North Dakota medical association;
14 (5)(3) The North Dakota hospital association;
15 (6)(4) The veterans administration hospital in Fargo;
16 (7)(5) The North Dakota center for nursing; and
17 (8)(6) The university of North Dakota center for rural health; and
18 c. Four members selected by the dean of the university of North Dakota school of
19 medicine and health sciences, one from each of the four campuses of the school
20 of medicine and health sciences with headquarters in Bismarck, Fargo, Grand
21 Forks, and Minot.
22 SECTION 68. AMENDMENT. Section 15.1-02-19 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 15.1-02-19. Health insurance programs - Joint enrollment program.
25 The superintendent of public instruction and the department of health and human services
26 jointly shall develop a system under which families of children enrolling in the public school
27 system are provided with information regarding state and federally funded health insurance
28 programs and encouraged to apply for such coverage if determined to be eligible.
29 SECTION 69. AMENDMENT. Subsection 3 of section 15.1-24-01 of the North Dakota
30 Century Code is amended and reenacted as follows:
1 3. The superintendent shall develop a plan for the coordination of services with other
2 agencies, including the department of health and human services, the state
3 department of health, the department of transportation, and law enforcement
4 agencies.
5 SECTION 70. AMENDMENT. Section 15.1-32-03 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 15.1-32-03. Interagency cooperative agreements - Development and implementation.
8 The superintendent of public instruction shall develop and implement interagency
9 agreements with the department of corrections and rehabilitation, the department of health and
10 human services, the state department of health, and other public and private entities to
11 maximize the state resources available for fulfilling the educationally related service
12 requirements of Public Law No. 94-142 [89 Stat. 773] and section 504 of the Rehabilitation Act
13 of 1973, as amended.
14 SECTION 71. AMENDMENT. Section 15.1-32-05 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 15.1-32-05. Special education - Cooperation among agencies.
17 The superintendent of public instruction, the state department of health, and the department
18 of health and human services shall cooperate in planning and coordinating early intervention
19 programs for individuals under the age of three.
20 SECTION 72. AMENDMENT. Section 15.1-32-19 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 15.1-32-19. Boarding care costs - Reimbursement of school district.
23 The superintendent of public instruction shall reimburse a student's school district of
24 residence an amount equal to eighty percent of the room and board costs paid by the district for
25 a student with disabilities who is placed in a facility that is located either within or outside of the
26 student's school district of residence in order to receive special education services. The
27 student's school district of residence is liable for any room and board costs in excess of those
28 reimbursed as provided in this section. The placement of a student with disabilities in a public or
29 private facility will be made by a school district. The placement of a student with disabilities in
30 congregate care will be made in a facility designated by the department of health and human
31 services.
1 which requires the name and address of the real manufacturer or other persons
2 responsible for placing the product upon the market, I, the undersigned, do bind
3 the company listed above by agreeing to assume all responsibility for the product
4 named in this certificate which is being sold, or offered for sale under such name
5 and brand name within the area consisting of _________________ in the State
6 of North Dakota.
7 Note: The area must be designated by counties or other legal subdivisions of the
8 city, county, or state.
9 Firm _____________________________
10 Signed ___________________________
11 Title ____________________________
12 Address __________________________
13 Note: If signed by a person other than an officer of the company, authorization for
14 signature must accompany this form. This certificate must be acknowledged.
15 Provided, that under subdivision b reasonable variations must be permitted, and
16 exemptions as to small packages must be established, by regulations prescribed by
17 the department.
18 SECTION 83. AMENDMENT. Section 19-02.1-10.1 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 19-02.1-10.1. Eggs - Labeling and temperature rules.
21 The state department of health may adopt appropriate rules under chapter 28-32 to
22 establish standards for proper labeling and temperature during the retail storage and sale of
23 shell eggs. As used in this section, "eggs" means eggs in the shell which are the product of a
24 domesticated chicken.
25 SECTION 84. AMENDMENT. Subsection 2 of section 19-02.1-16 of the North Dakota
26 Century Code is amended and reenacted as follows:
27 2. An application provided for in subdivision b of subsection 1 becomes effective on the
28 one hundred eightieth day after the filing thereof, except that if the department finds,
29 after due notice to the applicant and giving the applicant an opportunity for a hearing,
30 that the drug is not safe or not effective for use under the conditions prescribed,
31 recommended, or suggested in the proposed labeling thereof, the state department of
1 health shall, prior to the effective date of the application, issue an order refusing to
2 permit the application to become effective.
3 SECTION 85. AMENDMENT. Subsection 3 of section 19-03.1-17 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 3. Practitioners must be registered to dispense any controlled substances or to conduct
6 research with controlled substances in schedules II through V if they are authorized to
7 dispense or conduct research under the laws of this state. The board need not require
8 separate registration under this chapter for practitioners engaging in research with
9 non-narcotic controlled substances in schedules II through V where the registrant is
10 already registered under this chapter in another capacity. Practitioners registered
11 under federal law to conduct research with schedule I substances may conduct
12 research with schedule I substances within this state upon furnishing the state
13 department of health evidence of that federal registration.
14 SECTION 86. AMENDMENT. Subsection 3 of section 19-03.1-45 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 3. If the licensed addiction counselor recommends treatment, the court shall require the
17 person to participate in an addiction program licensed by the department of human
18 services as a condition of the probation. The court shall commit the person to
19 treatment through a licensed addiction program until determined suitable for discharge
20 by the court. The term of treatment may not exceed eighteen months and may include
21 an aftercare plan. During the commitment and while subject to probation, the
22 department shall supervise the person.
23 SECTION 87. AMENDMENT. Subdivision e of subsection 3 of section 19-03.5-03 of the
24 North Dakota Century Code is amended and reenacted as follows:
25 e. The department of human services for purposes regarding the utilization of
26 controlled substances by a Medicaid recipient or establishment and enforcement
27 of child support and medical support;
28 SECTION 88. AMENDMENT. Subdivision e of subsection 2 of section 19-03.5-07 of the
29 North Dakota Century Code is amended and reenacted as follows:
30 e. A designee of the department of human services;
1 SECTION 89. AMENDMENT. Section 19-05.1-05 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 19-05.1-05. Inspection of food.
4 Upon the request made by a bona fide charitable or nonprofit organization receiving
5 perishable food under this chapter, a representative from the county health district where the
6 organization is located or the state department of health shall provide inspection of the food
7 received to determine whether the food may be used for human consumption. This chapter
8 does not restrict the authority of any appropriate agency to inspect, regulate, or ban the use of
9 perishable food.
10 SECTION 90. AMENDMENT. Section 19-06.1-05 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 19-06.1-05. Enforcement authority.
13 The state department of health shall enforce the provisions of this chapter.
14 SECTION 91. AMENDMENT. Section 19-17-05 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 19-17-05. Penalty.
17 Any person who violates any of the provisions of this chapter or the orders, rules, or
18 regulations promulgated by the state department of health under authority thereof, is, unless a
19 specific penalty has been provided, guilty of a class B misdemeanor.
20 SECTION 92. AMENDMENT. Subsection 3 of section 19-21-01 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 3. "Department" means the state department of health and human services.
23 SECTION 93. AMENDMENT. Subsection 16 of section 19-24.1-01 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 16. "Department" means the state department of health and human services.
26 SECTION 94. AMENDMENT. Subdivision a of subsection 1 of section 19-24.1-14 of the
27 North Dakota Century Code is amended and reenacted as follows:
28 a. A nonrefundable application fee, not to exceed five thousand dollars, made
29 payable to the "North Dakota State Department of Health and Human Services,
30 Medical Marijuana Program".
1 required to report, and actions the reporter shall take to secure the marijuana or
2 usable marijuana.
3 4. The health councildepartment shall adopt rules to establish requirements for law
4 enforcement officials and health care professionals to report to the department
5 incidents involving overdose or adverse reaction related to the use of usable
6 marijuana.
7 SECTION 99. AMENDMENT. Section 20.1-01-26.1 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 20.1-01-26.1. Hunting, trapping, or fishing prohibited while privileges are suspended -
10 Penalty.
11 No person may directly or indirectly hunt, trap, or fish or assist in any way in hunting,
12 trapping, or fishing while the person's privileges have been suspended by a court or by the
13 department of health and human services under section 50-09-08.6. Any person violating this
14 section is guilty of a class A misdemeanor.
15 SECTION 100. AMENDMENT. Subsection 4 of section 20.1-03-04 of the North Dakota
16 Century Code is amended and reenacted as follows:
17 4. Life skills and transition center patients, North Dakota youth correctional center
18 students, school for the deaf students, North Dakota vision services - school for the
19 blind students, state hospital patients, clients of regional human service centers under
20 direct therapeutic care, and residents of facilities licensed by the state department of
21 health and the department of human services may fish without a resident fishing
22 license. Patients of these institutions must be identified. The department shall issue
23 authority to each institution.
24 SECTION 101. AMENDMENT. Section 23-01-01 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 23-01-01. State department of healthHealth division - Officers.
27 The state department of health and human services' health division consists of a health
28 council, a state health officer, section chiefs, directors of divisions, and other designated
29 employees of the department.
30 SECTION 102. AMENDMENT. Section 23-01-01.1 of the North Dakota Century Code is
31 amended and reenacted as follows:
1 license is required from the department pursuant to rules adopted under chapter
2 23-16.
3 5. Hold hearings on all matters brought before it by applicants and licensees of medical
4 hospitals with reference to the denial, suspension, or revocation of licenses and make
5 appropriate determination as specified herein.
6 The council may direct the state health officer to do or cause to be done any or all of the things
7 which may be required in the proper performance of the various duties placed upon the state
8 department of health and human services.
9 SECTION 104. AMENDMENT. Subsection 1 of section 23-01-03.1 of the North Dakota
10 Century Code is amended and reenacted as follows:
11 1. The health councildepartment of health and human services shall adopt rules relating
12 to the storage, maintenance, and disposal of blood spots or other newborn screening
13 specimens.
14 SECTION 105. AMENDMENT. Subsection 1 of section 23-01-03.3 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 1. The state health council, in cooperation with the North Dakota long term care
17 association, shall administer the long-term care nursing scholarship and loan
18 repayment grant program. The purpose of the program is to provide matching funds to
19 nursing facilities for the facilities to use in recruiting and retaining nurses by providing
20 scholarships to nursing facility staff and other individuals to obtain a nursing education
21 and by assisting in the repayment of student loans for licensed nurses employed in a
22 nursing facility. The statedepartment of health counciland human services shall adopt
23 rules necessary to administer the program, including rules establishing criteria
24 regarding eligibility for and distribution of program grants.
25 SECTION 106. AMENDMENT. Section 23-01-04 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 23-01-04. Effect of rules and regulations.
28 All rules and regulations promulgatedadopted by the health councildepartment of health and
29 human services under the powers granted by any provisions of this title are binding upon all
30 county and municipal health officers, and upon all county, municipal, and private medical
31 hospitals and upon related institutions, and have the force and effect of law.
1 SECTION 107. AMENDMENT. Section 23-01-05 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-01-05. Health officer - Qualifications, salary, term, duties - Advisory committee.
4 The governorexecutive director of the department of health and human services shall
5 appoint a physician licensed in this state as the state health officer who must have had
6 substantive private or public administrative experience and demonstrated experience in the
7 management of people. The state health officer is entitled to receive a salary commensurate
8 with that person's training and experience. The governorexecutive director of the department of
9 health and human services shall set the salary of the state health officer within the limits of
10 legislative appropriations to the department. The state health officer is entitled to receive all
11 necessary traveling expenses incurred in the performance of official business. The state health
12 officer may not engage in any other occupation or business that may conflict with the statutory
13 duties of the state health officer and holds office for a term of four years beginning January 1,
14 1993. The state health officer is the administrative officer of the state department of health. If
15 the governor does not appoint as state health officer a physician licensed in this state, the
16 governor shall appoint at least three licensed physicians recommended by the state medical
17 association to serve as an advisory committee to the state health officer. Each member of the
18 advisory committee is entitled to receive reimbursement of expenses in performing official
19 duties in amounts provided by law for other state officers. The term of the advisory committee
20 coincides with the term of the state health officer. A committee member serves at the pleasure
21 of the governor. The duties of the state health officer are as follows:
22 1. Enforce all rules and regulations as promulgated by the health council and all rules
23 adopted by the department of health and human services.
24 2. Hold public health unit boards of health responsible for enforcement of state rules,
25 serve in an advisory capacity to public health unit boards of health, and provide for
26 coordination of health activities.
27 3. Establish and enforce minimum standards of performance of the work of the local
28 department of health.
29 4. Study health problems and plan for their solution as may be necessary.
30 5. Collect, tabulate, and publish vital statistics for each important political or health
31 administrative unit of the state and for the state as a whole.
1 6. Promote the development of local health services and recommend the allocation of
2 health funds to local jurisdictions subject to the approval of the health council.
3 7. Collect and distribute health education material.
4 8. Maintain a central public health laboratory and where necessary, branch laboratories
5 for the standard function of diagnostic, sanitary and chemical examinations, and
6 production and procurement of therapeutic and biological preparations for the
7 prevention of disease and their distribution for public health purposes.
8 9. Establish a service for medical hospitals and related institutions to include licensing of
9 such institutions according to the standards promulgated by the health council and
10 consultation service to communities planning the construction of new hospitals and
11 related institutions.
12 10. Comply with the state merit system policies of personnel administration.
13 11. Establish a program to provide information to the surviving family of a child whose
14 cause of death is suspected to have been the sudden infant death syndrome.
15 12.11. Issue any orders relating to disease control measures deemed necessary to prevent
16 the spread of communicable disease. Disease control measures may include special
17 immunization activities and decontamination measures. Written orders issued under
18 this section shall have the same effect as a physician's standing medical order. The
19 state health officer may apply to the district court in a judicial district where a
20 communicable disease is present for an injunction canceling public events or closing
21 places of business. On application of the state health officer showing the necessity of
22 such cancellation, the court may issue an ex parte preliminary injunction, pending a
23 full hearing.
24 13.12. Make bacteriological examination of bodily secretions and excretions and of waters
25 and foods.
26 14.13. Make preparations and examinations of pathological tissues submitted by the state
27 health officer, by any county superintendent of public health, or by any physician who
28 has been regularly licensed to practice in this state.
29 15.14. Make all required analyses and preparations, and furnish the results thereof, as
30 expeditiously and promptly as possible.
1 16.15. Cause sanitary statistics to be collected and tabulated, and cause to be ascertained by
2 research work such methods as will lead to the improvement of the sanitation of the
3 various parts of the state.
4 17.16. From time to time, cause to be issued bulletins and reports setting forth the results of
5 the sanitary and pathological work done in the laboratories embodying all useful and
6 important information resulting from the work carried on in the laboratories during the
7 year, the substance of such bulletins and reports to be incorporated in the annual
8 report of the state health officer.
9 18.17. Establish by rule a schedule of reasonable fees that may be charged for laboratory
10 analysis. No charge may be made for any analysis conducted in connection with any
11 public health incident affecting an entire region, community, or neighborhood.
12 19.18. a. Establish a review process for instances in which the department is requested to
13 conduct an epidemiological assessment of a commercial building. The
14 epidemiological assessment must include:
15 (1) A statement of whether there are known environmental causes;
16 (2) If there are known environmental causes identified, a recommendation of
17 how they can be remediated or mitigated; and
18 (3) If there are no known environmental causes identified, a statement that no
19 known causes exist.
20 b. Costs for remediation, mitigation, and consultant services are the responsibility of
21 the building owner. Proof of remediation of any identified environmental concern
22 related to the epidemiological assessment is the burden of the building owner.
23 SECTION 108. AMENDMENT. Section 23-01-05.1 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 23-01-05.1. Organ or tissue transplant assistance administration - Standing
26 appropriation.
27 The state health officerexecutive director of the department of health and human services
28 shall select a private nonprofit patient-oriented organization incorporated in this state for the
29 purpose of administering financial assistance to organ or tissue transplant patients who are
30 residents of this state. The state health officerdepartment of health and human services shall
31 adopt rules governing administration of this section. The organization selected shall administer
1 and provide grants from available funds to alleviate demonstrated financial needs of transplant
2 patients for any costs associated with transplant operations, under guidelines based on current
3 social service eligibility requirements. There is hereby created as a special fund in the state
4 treasury an organ transplant support fund, the principal and income of which is hereby
5 appropriated to the organization selected under this section. The organization administering the
6 fund may solicit contributions from private or governmental sources and such contributions may
7 be deposited in the fund.
8 SECTION 109. AMENDMENT. Section 23-01-05.2 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 23-01-05.2. Administration of epinephrine - Liability.
11 1. The state health officerdepartment of health and human services shall adopt rules to
12 authorize a layperson to administer epinephrine to an individual who has a severe
13 allergic reaction.
14 2. An individual authorized to administer epinephrine by the state health officer may
15 obtain premeasured doses of epinephrine and the necessary paraphernalia for
16 epinephrine administration from any licensed physician or pharmacist.
17 3. An individual authorized to administer epinephrine by the state health officer, and the
18 employer of such an individual, is not civilly or criminally liable for any act or omission
19 of that individual when acting in good faith while rendering emergency treatment to an
20 individual who has a severe adverse reaction, except when the conduct amounts to
21 gross negligence.
22 SECTION 110. AMENDMENT. Section 23-01-05.3 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 23-01-05.3. Immunization data.
25 1. The state department of health and human services may establish an immunization
26 information system and may require the childhood immunizations specified in
27 subsection 1 of section 23-07-17.1 and other information be reported to the
28 department. The state department of health and human services may only require the
29 reporting of childhood immunizations and other data upon completion of the
30 immunization information reporting system. A health care provider who administers a
31 childhood immunization shall report the patient's identifying information, the
1 3. Conduct investigations into the cause of death of and perform autopsies on any
2 deceased human body whenever requested to do so by the acting local county
3 coroner or the local state's attorney;
4 4. Provide training and educational materials to local county coroners, law enforcement,
5 and any other person the state forensic examiner deems necessary;
6 5. Maintain complete records of the cause, manner, and mode of death necessary for
7 accurate health statistics and for public health purposes; and
8 6. Perform other duties assigned by the state health officer.
9 SECTION 112. AMENDMENT. Section 23-01-06 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 23-01-06. Biennial report - Contents.
12 The state health officerdepartment of health and human services shall submit a biennial
13 report to the governor and the secretary of state in accordance with section 54-06-04. In
14 addition to any requirements established pursuant to section 54-06-04, the report must cover
15 the following subjects:
16 1. The activities of the various divisionshealth division, the work accomplished during the
17 two years covered by the report, and an analysis of the program of each of the
18 divisionshealth division.
19 2. The expenditures of the state department of health division.
20 3. The expenditures in each county board of health or the district board of health.
21 4. Any reports relating to the hospital program as required by the health council.
22 SECTION 113. AMENDMENT. Section 23-01-08 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 23-01-08. Directors of divisions - Deputy - Appointment, salary, duties.
25 The state health officerexecutive director of the department of health and human services or
26 designee shall appoint directors of the various divisions of the department and shall determine
27 the salary, within the limits of legislative appropriations to the department and in conformity with
28 the state merit system, to be received by such persons. The duties of such director must be
29 those prescribed by the state health officerexecutive director of the department of health and
30 human services or designee. The state health officerexecutive director of the department of
31 health and human services or designee may appoint a deputy state health officer. A deputy
1 state health officer who does not hold a health-related degree may not individually issue an
2 order regarding public health unless the order is cosigned by a physician who is employed by
3 the department or cosigned by the state epidemiologist. The deputy state health officer serves
4 at the pleasure of the state health officerexecutive director of the department of health and
5 human services.
6 SECTION 114. AMENDMENT. Section 23-01-10 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 23-01-10. Office space.
9 The state shall provide suitable office space in Bismarck for housing and maintaining the
10 state department of health and human services. Special fireproof vaults must be provided for
11 the storage of birth and death certificates.
12 SECTION 115. AMENDMENT. Section 23-01-11 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 23-01-11. Acceptance of funds and right to qualify for benefits under federal laws
15 authorized.
16 The state department of health and human services may:
17 1. Accept funds from cities, counties, the federal government, private organizations, and
18 individuals for infancy and maternal hygiene, for other public health work and for the
19 purpose of conducting a survey of existing medical hospitals and related institutions,
20 planning of needed hospital construction and for construction and maintenance of
21 such medical hospitals and related institutions. When approved by the governor of this
22 state, the state department of health and human services may match the same from
23 any unexpended portion of its appropriation in accordance with specifications agreed
24 to or required by congressional act. All infancy and maternal hygiene and public health
25 work must be done under the supervision of the state department of health and human
26 services.
27 2. Adopt rules necessary to enable the state to be in compliance with any federal laws in
28 order to qualify for any federal funds related to medical facilities or agencies licensed
29 by the state department of health and human services.
30 SECTION 116. AMENDMENT. Section 23-01-14 of the North Dakota Century Code is
31 amended and reenacted as follows:
1 home, or other person or agency furnishing such information, to any action for
2 damages or other relief.
3 SECTION 118. AMENDMENT. Section 23-01-16 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 23-01-16. Dairy products - Joint standards.
6 The state department of health and human services and the dairy department of the
7 department of agriculture shall jointly adopt a set of uniform standards in relation to all matters
8 falling within their joint jurisdiction regarding dairy products. The state department of health and
9 human services, district health units, municipal health departments or units, and the dairy
10 department shall each be permitted to accept any inspection report of the other department or
11 unit regarding the inspection of dairy products and the producers and processors of such
12 products, when such report is based substantially upon standards conforming with the milk
13 ordinance and code recommended by the United States public health service.
14 SECTION 119. AMENDMENT. Section 23-01-22 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 23-01-22. Department to employ waste management facility inspectors.
17 The state department of health and human services shall employ and establish the
18 qualifications, duties, and compensation of at least one full-time inspector for each commercial,
19 nonpublicly owned waste management disposal or incineration facility that accepts more than
20 twenty-five thousand tons [22679.5 kilograms] per year of hazardous waste, industrial waste,
21 nuclear waste, or ash resulting from the incineration of municipal solid waste. This section does
22 not apply to any energy conversion facility or coal mining operation that disposes of its solid
23 waste onsite. The department may require inspectors for those facilities that accept less than
24 twenty-five thousand tons [22679.5 kilograms] per year. The facility inspector shall conduct
25 regular inspections of the operating procedure and conditions of the facility and report the
26 findings to the department on a regular basis. If an inspector discovers a condition at a facility
27 that is likely to cause imminent harm to the health and safety of the public or environment, the
28 inspector shall notify the department. The department shall proceed as provided by sections
29 23-29-10 and 23-29-11.
30 The department shall assess the owner or operator of a waste management facility that
31 accepts hazardous waste, industrial waste, nuclear waste, or ash resulting from the incineration
1 of municipal solid waste an annual fee to pay the salaries, wages, and operating expenses
2 associated with employing an inspector for the facility. The owner or operator of the facility shall
3 submit the fee to the department by July first of each year. Any fees collected must be
4 deposited in the department's operating fund in the state treasury and any expenditures from
5 the fund are subject to appropriation by the legislative assembly. If a facility begins operation
6 after July first of any year, the owner or operator of the facility shall pay to the department a
7 prorated fee for the fiscal year before the facility may begin accepting waste. Moneys in the
8 waste management facility account may be spent by the department within the limits of
9 legislative appropriation.
10 SECTION 120. AMENDMENT. Section 23-01-24 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 23-01-24. Health care cost and quality review program - Penalty.
13 The department of health and human services shall conduct a continuous program to
14 review and improve the quality of health care in the state. The department may contract with a
15 qualified person or organization to develop and implement the program. The department shall
16 use the program to compile relevant information about the quality of health care in this state
17 which will allow the department to evaluate the cost, quality, and outcomes of health care. The
18 department shall establish and consult a provider advisory committee composed of health care
19 providers regarding the data that is a cost-effective process for collecting and evaluating the
20 information. The state health officerdepartment may assess against a provider a penalty of one
21 hundred dollars per day for each day the provider willfully refuses to provide the department
22 with information requested for use with the program, but the penalty may not exceed one
23 thousand dollars for each request. A provider against whom a fee is assessed may appeal that
24 assessment to the state health councildepartment. If the provider fails to pay the penalty, the
25 health councildepartment may, in the county where the provider's principal place of business is
26 located, initiate a civil action against the provider to collect the penalty. As used in this section,
27 "provider" means a person who is licensed, certified, or otherwise authorized by the law of this
28 state to administer health care in the ordinary course of business or professional practice. The
29 department shall ensure that patient privacy is protected throughout the compilation and use of
30 the information. The department shall evaluate data management capabilities in the state and
1 shall organize its capabilities to provide information about the cost of care on an individual
2 provider basis as well as a collective basis.
3 SECTION 121. AMENDMENT. Section 23-01-25 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 23-01-25. Commercial feed, insecticide, fungicide, rodenticide, fertilizer, and soil
6 conditioner laws - Laboratory function.
7 Notwithstanding any other provision of law, any laboratory test or analysis required under
8 chapter 4.1-34, 4.1-40, or 4.1-41 must be performed by the state department of health and
9 human services for the agriculture commissioner at no charge.
10 SECTION 122. AMENDMENT. Section 23-01-26 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 23-01-26. State department of healthDepartment - Indirect cost recoveries.
13 Notwithstanding section 54-44.1-15, the state department of health and human services
14 may deposit indirect cost recoveries in its operating account.
15 SECTION 123. AMENDMENT. Section 23-01-27 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 23-01-27. Donated dental services program.
18 The state department of health and human services shall contract with the North Dakota
19 dental association, or other appropriate and qualified organizations, to develop and administer a
20 donated dental services program through which volunteer dentists provide comprehensive
21 dental care for needy, disabled, aged, or medically compromised individuals. The volunteers will
22 treat individuals through the program and, with the exception of certain dental laboratory costs,
23 will fully donate their services and supplies. The contract must specify the responsibilities of the
24 administering organization and include:
25 1. Establishment of a network of volunteer dentists, including dental specialists, volunteer
26 dental laboratories, and other appropriate volunteer professionals to donate dental
27 services to eligible individuals;
28 2. Establishment of a system to refer eligible individuals to appropriate volunteers;
29 3. Development and implementation of a public awareness campaign to educate eligible
30 individuals about the availability of the program;
31 4. Provision of appropriate administrative and technical support to the program; and
1 5. Submission of an annual report to the state department of health and human services
2 that:
3 a. Accounts for all program funds;
4 b. Reports the number of individuals served by the program and the number of
5 dentists and dental laboratories participating as providers in the program;
6 c. Includes any other information required by the state department of health and
7 human services; and
8 d. Performs, as required by the state department of health and human services, any
9 other duty relating to the program.
10 SECTION 124. AMENDMENT. Section 23-01-28 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 23-01-28. Combined purchasing with local public health units - Continuing
13 appropriation.
14 The state department of health and human services may make combined or joint purchases
15 with or on behalf of local public health units for items or services. Payments received by the
16 state department of health and human services from local public health units pursuant to a
17 combined or joint purchase must be deposited in the operating fund and are appropriated as a
18 standing and continuing appropriation to the state department of health and human services for
19 the purpose of this section.
20 SECTION 125. AMENDMENT. Section 23-01-29 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 23-01-29. Bone marrow donor education.
23 The state department of health and human services shall provide information and
24 educational materials to the public regarding bone marrow donation through the national
25 marrow donor program. The department shall seek assistance from the national marrow donor
26 program to establish a system to distribute materials, ensure that the materials are updated
27 periodically, and address the education and recruitment of minority populations.
28 SECTION 126. AMENDMENT. Section 23-01-32 of the North Dakota Century Code is
29 amended and reenacted as follows:
1 SECTION 128. AMENDMENT. Section 23-01-34 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-01-34. Children with special health care needs - Program administration.
4 The state department of health and human services shall administer programs for children
5 with special health care needs as may be necessary to conform to title 5, part 2, of the federal
6 Social Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C.
7 701 et seq.], including providing services and assistance to children with special health care
8 needs and their families and developing and operating clinics for the identification, screening,
9 referral, and treatment of children with special health care needs.
10 SECTION 129. AMENDMENT. Section 23-01-35 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 23-01-35. Tattooing, body piercing, branding, subdermal implants, or scarification -
13 Permit - Fee - Adoption of rules - Exemptions - Injury reports.
14 1. A person may not operate a facility providing tattooing, body piercing, branding,
15 subdermal implant, or scarification services without a permit issued by the department
16 under this section. The holder of a permit shall display the permit in a conspicuous
17 place at the facility for which the permit is issued. A permit issued under this section
18 expires annually. An applicant for a permit shall submit an application for a permit to
19 the department, on a form provided by the department, with a permit fee established
20 by the department. The application must include the name and complete mailing
21 address and street address of the facility and any other information reasonably
22 required by the department for the administration of this section.
23 2. The health councildepartment of health and human services shall adopt rules to
24 regulate any person that receives compensation for engaging in the practice of
25 tattooing, body piercing, branding, subdermal implants, or scarification. The rules must
26 establish health and safety requirements and limitations with respect to the age of an
27 individual who may receive a tattoo, body piercing, or scarification and may prohibit
28 any practice that the health councildepartment of health and human services deems
29 unsafe or a threat to public health.
30 3. A facility is exempt from subsection 1 if the facility provides body piercing that is limited
31 to the piercing of the noncartilaginous perimeter or lobe of the ear and the facility does
1 based on the size of the project. Revenues derived from the fees collected under this
2 subsection must be deposited in the department's operating fund in the state treasury.
3 3. The state department of health and human services shall make a determination on a
4 construction, renovation, or construction and renovation project of no more than one
5 million dollars within sixty days of receipt of a complete application.
6 4. The state department of health and human services may approve a request for a
7 waiver of a state law or rule relating to an innovative construction, renovation, or
8 construction and renovation project if the lack of compliance does not adversely affect
9 health or safety.
10 5. The department shall design and operate the program in a manner that will provide
11 that the surveyor that performs a life safety survey under this section does not violate
12 the federal requirements associated with Medicare-certified life safety surveys.
13 SECTION 131. AMENDMENT. Subdivision a of subsection 1 of section 23-01-39 of the
14 North Dakota Century Code is amended and reenacted as follows:
15 a. "Department" means the state department of health and human services.
16 SECTION 132. AMENDMENT. Section 23-01-40 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 23-01-40. Diabetes goals and plans - Report to legislative management.
19 1. The department of health and human services, state department of health, Indian
20 affairs commission, and public employees retirement system shall collaborate to
21 identify goals and benchmarks while also developing individual agency plans to
22 reduce the incidence of diabetes in the state, improve diabetes care, and control
23 complications associated with diabetes.
24 2. Before June first of each even-numbered year the department of health and human
25 services, state department of health, Indian affairs commission, and public employees
26 retirement system shall submit a report to the legislative management on the following:
27 a. The financial impact and reach diabetes is having on the agency, the state, and
28 localities. Items included in this assessment must include the number of lives with
29 diabetes impacted or covered by the agency, the number of lives with diabetes
30 and family members impacted by prevention and diabetes control programs
31 implemented by the agency, the financial toll or impact diabetes and diabetes
1 complications places on the agency's programs, and the financial toll or impact
2 diabetes and diabetes complications places on the agency's programs in
3 comparison to other chronic diseases and conditions.
4 b. An assessment of the benefits of implemented programs and activities aimed at
5 controlling diabetes and preventing the disease. This assessment must document
6 the amount and source for any funding directed to the agency from the legislative
7 assembly for programs and activities aimed at reaching those with diabetes.
8 c. A description of the level of coordination existing between the agencies on
9 activities, programmatic activities, and messaging on managing, treating, or
10 preventing diabetes and diabetes complications.
11 d. The development or revision of detailed action plans for battling diabetes with a
12 range of actionable items for consideration by the legislative assembly. The plans
13 must identify proposed action steps to reduce the impact of diabetes,
14 prediabetes, and related diabetes complications. The plan must identify expected
15 outcomes of the action steps proposed in the following biennium while also
16 establishing benchmarks for controlling and preventing relevant forms of
17 diabetes.
18 e. The development of a detailed budget blueprint identifying needs, costs, and
19 resources required to implement the plan identified in subdivision d. This
20 blueprint must include a budget range for all options presented in the plan
21 identified in subdivision d for consideration by the legislative assembly.
22 SECTION 133. AMENDMENT. Section 23-01-41 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 23-01-41. Autism spectrum disorder database - Rulemaking - Confidentiality.
25 1. The state department of health and human services shall establish and administer an
26 autism spectrum disorder database. The database must include a record of all
27 reported cases of autism spectrum disorder in the state and any other information
28 determined relevant and appropriate by the department in order to complete
29 epidemiologic surveys of the autism spectrum disorder, enable research and analysis
30 of the autism spectrum disorder, and provide services to individuals with an autism
31 spectrum disorder.
1 2. The state department of health and human services shall establish criteria regarding
2 who is qualified to report a case of autism spectrum disorder to the database. In
3 establishing this criteria, the department shall require that the reporter be a physician
4 or psychologist or any other licensed or certified health care professional who is
5 qualified by training and by licensure or certification to make the diagnosis of autism
6 spectrum disorder.
7 3. The database established under this section must:
8 a. Include the reported individual's diagnoses under the most recent edition of the
9 American psychiatric association's diagnostic and statistical manual of mental
10 disorders; and
11 b. Indicate whether a complete physical evaluation was performed by a licensed
12 independent practitioner as part of the diagnostic process for autism spectrum
13 disorder.
14 4. The health councildepartment of health and human services shall adopt rules to
15 provide for mandatory reporting to the autism spectrum disorder database and to
16 establish reporting requirements, including timeliness requirements. A reporter who
17 makes the diagnosis an individual is affected with autism spectrum disorder, or the
18 reporter's designee, shall report this diagnosis in the form or manner prescribed by the
19 state department of health and human services.
20 5. The state department of health and human services shall keep confidential all records
21 of the database which could be used to identify a reported individual; however, the
22 department may provide these records to other state agencies as necessary to effect
23 the purposes of this database without regard to the confidential nature of the records.
24 If the department provides confidential records of the database to a state agency, the
25 department shall notify the receiving agency of the confidential nature of the records
26 and the receiving agency shall treat these records as confidential.
27 SECTION 134. AMENDMENT. Paragraph 1 of subdivision b of subsection 1 of section
28 23-01-42 of the North Dakota Century Code is amended and reenacted as follows:
29 (1) That is approved by the United States food and drug administration for the
30 treatment of a drug overdose and is recognized by the state department of
31 health and human services for the treatment of a drug overdose; and
1 SECTION 135. AMENDMENT. Section 23-01-44 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-01-44. Syringe or needle exchange program - Authorization.
4 1. As used in this section:
5 a. "Program" means a syringe exchange program established and operated under
6 this section.
7 b. "Qualified entity" means:
8 (1) A local health department;
9 (2) A city that operates a program within the boundaries of the city; or
10 (3) An organization that has been authorized to operate a program by the state
11 department of health and human services, the board of county
12 commissioners, or the governing body for the operation of a program within
13 the boundaries of the city.
14 2. The state department of health, in collaboration with the department of and human
15 services behavioral health division, shall design and administer a syringe exchange
16 program. The state department of health shall administer the program.
17 3. The state department of health and human services may authorize a qualified entity to
18 operate a program in a county if:
19 a. The area to be served is at risk of an increase or potential increase in prevalence
20 of viral hepatitis or human immunodeficiency virus;
21 b. A syringe exchange program is medically appropriate as part of a comprehensive
22 public health response; and
23 c. The qualified entity conducted a public hearing and submitted a report of the
24 findings and an administration plan for the program to the state health officer.
25 4. A qualified entity operating a program under this chapter shall:
26 a. Register the program annually in the manner prescribed by the state department
27 of health and human services;
28 b. Have a pharmacist, physician, or advanced practice registered nurse who is
29 licensed in the state to provide oversight for the program;
30 c. Store and dispose of all syringes and needles collected in a safe and legal
31 manner;
1 23-02.1-01. Definitions.
2 As used in this chapter:
3 1. "Authorized representative" means a person that has the legal authority to act on
4 behalf of the person named on a record, including a personal representative or
5 guardian.
6 2. "Certified" means a copy of the original record on file with the state department of
7 health and human services which is signed and sealed by the state registrar or deputy
8 state registrar.
9 3. "Dead body" means a lifeless human body or parts of such body or bones thereof from
10 the state of which it may reasonably be concluded that death recently occurred.
11 4. "Electronic birth registration system" means the electronic birth registration system
12 maintained by the state department of health and human services.
13 5. "Electronic death registration system" means the electronic death registration system
14 maintained by the state department of health and human services.
15 6. "Facts of death" means the demographic and personal information pertaining to an
16 individual's death.
17 7. "Fetal death" or "birth resulting in stillbirth" means death occurring before the complete
18 expulsion or extraction from its mother of a product of human conception. The death is
19 indicated by the fact that after such expulsion or extraction the fetus does not breathe
20 or show any evidence of life such as beating of the heart, pulsation of the umbilical
21 cord, or definite movement of voluntary muscles.
22 8. "Filing" means the presentation of a record, report, or other information provided for in
23 this chapter of a birth, death, fetal death, adoption, marriage, divorce, or other event
24 as specified by the state health officer for registration by the state registrar.
25 9. "Final disposition" means the entombment, burial, interment, cremation, whole-body
26 donation to a school of medicine, removal from the state, or other disposition of a dead
27 body or fetus.
28 10. "Health statistics" means data derived from records of birth, death, fetal death,
29 marriage, divorce, or other records relating to the health of the populace or the state of
30 the environment.
1 11. "Institution" means any establishment, public or private, which provides inpatient
2 medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary
3 care to two or more individuals unrelated by blood, or to which individuals are
4 committed by law.
5 12. "Live birth" means the complete expulsion or extraction from its mother of a product of
6 human conception, irrespective of the duration of pregnancy, which after such
7 expulsion or extraction, breathes or shows any other evidence of life such as beating
8 of the heart, pulsation of the umbilical cord, or definite movement of voluntary
9 muscles, whether or not the umbilical cord has been cut or the placenta is attached.
10 13. "Medical certification" means the medical information pertaining to an individual's
11 death, including the cause and manner of death.
12 14. "Miscarriage of birth" means the expulsion of a fetus from the womb, spontaneously or
13 as a result of an accident, before twenty weeks gestation.
14 15. "Personal or real property interests" means ownership or other legal rights or duties
15 concerning personal or real property.
16 16. "Physician" means an individual authorized or licensed to practice medicine or
17 osteopathy under chapter 43-17.
18 17. "Registration" means the acceptance by the state registrar and incorporation into
19 official records, reports, or other records provided for in this chapter, of birth, death,
20 fetal death, marriage, divorce, or other records as may be determined by the state
21 health officer.
22 18. "Relative" means an individual's current or surviving spouse, a parent or legal
23 guardian, a child, a grandparent, or a grandchild. The state registrar may require proof
24 of the relationship.
25 19. "Subregistrar" means a funeral practitioner or other suitable individual from a licensed
26 funeral home who is appointed by the state registrar for the purpose of issuing final
27 disposition-transit permits.
28 20. "System of health statistics tabulation and analysis" includes the tabulation, analysis,
29 and presentation or publication of statistical data derived from health statistics.
30 21. "System of vital records registration" includes the registration, collection, preservation,
31 amendment, and certification of birth, death, fetal death, marriage, divorce, or other
1 records as may be determined necessary by the state health officer or the state health
2 officer's designee.
3 SECTION 142. AMENDMENT. Section 23-02.1-02 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 23-02.1-02. Office of statistical services.
6 There is hereby established in the state department of health and human services an office
7 of statistical services which shall install, maintain, and operate a system of health statistics
8 tabulation and analysis and a system of vital records registration throughout the state. The state
9 health officerexecutive director of the department of health and human services or designee
10 may create within the office of statistical services such working divisions as may be necessary
11 to comply with the provisions of this chapter and shall appoint the directors of such divisions in
12 accordance with the merit system laws and regulations of the state of North Dakota.
13 SECTION 143. AMENDMENT. Section 23-02.1-03 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 23-02.1-03. Director of the office of statistical services and associative duties, state
16 and deputy state registrars.
17 The state health officerexecutive director of the department of health and human services or
18 designee shall appoint a director of the office of statistical services, in accordance with the merit
19 system laws and regulations of the state of North Dakota, who must be the ex officio state
20 registrar of vital statistics. The deputy state registrar of vital statistics must also be appointed by
21 the state health officerexecutive director of the department of health and human services or
22 designee. The director of the office of statistical services shall administer and enforce this
23 chapter and the rules and regulations issued hereunder, and issue instructions for the efficient
24 administration of a statewide system of health statistics tabulation and analysis and a statewide
25 system of vital records registration. The director of the office of statistical services may delegate
26 such functions and duties vested in the director to the officers and employees of the office of
27 statistical services as the director deems necessary and expedient.
28 SECTION 144. AMENDMENT. Section 23-02.1-04 of the North Dakota Century Code is
29 amended and reenacted as follows:
1 6. If, in accordance with subsections 4 and 5, the name of the father of the child is not
2 entered on the birth record, the child's surname must be shown on the birth record as
3 the current legal surname of the mother at the time of birth unless an affidavit or an
4 acknowledgment of paternity signed by both parents is filed with the state department
5 of health and human services.
6 SECTION 148. AMENDMENT. Section 23-02.1-15 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 23-02.1-15. Delayed registration of birth.
9 1. When the birth of an individual born in this state has not been registered, a record may
10 be filed in accordance with the regulations of the state department of health and
11 human services. Such record must be registered subject to such evidentiary
12 requirements as the state department of health and human services shall prescribe to
13 substantiate the alleged facts of birth.
14 2. Records of birth registered one year or more after the date of occurrence must be
15 marked "delayed" and show on the face of the record the date of delayed registration.
16 3. A summary statement of the evidence submitted in support of the delayed registration
17 must be endorsed on the record.
18 4. a. When an applicant does not submit the minimum documentation required in the
19 regulations for delayed registration or when the state registrar finds reason to
20 question the validity or adequacy of the record or documentary evidence, the
21 state registrar may not register the delayed record and shall advise the applicant
22 of the reasons for this action. In the event that the deficiencies are not corrected,
23 the state registrar shall advise the applicant of the right of appeal to a court of
24 competent jurisdiction for a judicial determination of the birth facts.
25 b. The state department of health and human services may by regulation provide for
26 the dismissal of an application that is more than one year old and is not being
27 actively pursued.
28 5. A report of live birth may not be registered for a deceased individual one year or more
29 after that individual's date of birth.
30 SECTION 149. AMENDMENT. Section 23-02.1-16 of the North Dakota Century Code is
31 amended and reenacted as follows:
1 registration and issuing of copies of death records will be completed by the state
2 department of health and human services.
3 2. The funeral director shall obtain the facts of death from the next of kin or the best
4 qualified individual or source available and must file the facts of death information
5 using the electronic death registration system within three days after assuming
6 custody of the dead body. The funeral director shall obtain the medical certification of
7 death from the individual responsible for the medical certification.
8 3. The medical certification must be completed and filed using the electronic death
9 registration system within ten days after death by the physician, physician assistant, or
10 nurse practitioner in charge of the patient's care for the illness or condition which
11 resulted in death except when inquiry is required by the local health officer or coroner.
12 4. When death occurred without medical attendance or when inquiry is required by the
13 local health officer or coroner, the county coroner shall investigate the cause of death,
14 and shall obtain medical information about the individual from the individual's medical
15 records or last-known physician or physician assistant, and shall complete and file the
16 medical certification within ten days after taking charge of the case using the electronic
17 death registration system.
18 5. If the cause of death cannot be determined within ten days after death, the medical
19 certification may be filed after the prescribed period, in accordance with rules adopted
20 by the state department of health and human services. The attending physician,
21 physician assistant, nurse practitioner, or coroner shall give the funeral director in
22 custody of the body notice of the reason for the delay and final disposition may not be
23 made until authorized by the attending physician, physician assistant, nurse
24 practitioner, or coroner.
25 6. When a death is presumed to have occurred within this state but the body cannot be
26 located, a death record may be prepared by the state registrar upon receipt of findings
27 of a court of competent jurisdiction, including the facts of death and medical
28 certification required to complete the death record. The death record must be marked
29 "presumptive" and must show on the face of the death record the date of registration
30 and must identify the court and the date of the decree.
1 7. Each death registration must include the social security number of the decedent, if the
2 information is available. A social security number included on a death record is
3 confidential and may be disclosed only to a relative or authorized representative of the
4 individual named on the record, to a person with personal or real property interests
5 that depend upon information contained in the death record, or by an order of a court
6 of competent jurisdiction.
7 SECTION 153. AMENDMENT. Section 23-02.1-20 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 23-02.1-20. Fetal death registration.
10 1. A fetal death record for each fetal death that occurs in this state after a gestation
11 period of twenty completed weeks or more must be filed with the state registrar.
12 2. When a fetal death occurs in an institution, the person in charge of the institution or a
13 designated representative shall use the state department of health'shealth and human
14 services' electronic fetal death registration system to report the fetal death, including
15 all personal and medical facts, to the state registrar within ten days after the delivery. If
16 a fetal death occurs outside of an institution, a funeral director or other individual in
17 attendance at or after delivery shall file the fetal death record.
18 3. When inquiry is required by the local health officer or coroner or in the absence of
19 medical attendance, the county coroner shall investigate the cause of fetal death, and
20 shall obtain medical information about the individual from that individual's medical
21 records or last-known physician or physician assistant and file the medical certification
22 within ten days after taking charge of the case using the electronic death registration
23 system.
24 4. If the cause of fetal death cannot be determined within ten days after death, the
25 medical certification may be filed after the prescribed period of time in accordance with
26 rules adopted by the state department of health and human services. The attending
27 physician, physician assistant, nurse practitioner, or coroner shall give the funeral
28 director in custody of the fetus the notice of the reason for the delay and final
29 disposition may not be made until authorized by the attending physician, physician
30 assistant, nurse practitioner, or coroner.
1 5. The provision for entering the name of the father of the fetus on the fetal death record
2 and the reporting of out-of-wedlock fetal deaths concur exactly with those set forth in
3 section 23-02.1-13.
4 SECTION 154. AMENDMENT. Section 23-02.1-20.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 23-02.1-20.1. Fetal loss.
7 The state registrar may issue a certified copy of a fetal loss to an individual who
8 experiences a documented miscarriage of birth, if the individual provides to the state registrar a
9 completed fetal loss request form established by the state department of health and human
10 services which is signed by the mother or the father and a letter signed by a hospital, physician,
11 or other medical attendant documenting proof of pregnancy and fetal loss.
12 SECTION 155. AMENDMENT. Section 23-02.1-22 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 23-02.1-22. Extension of time.
15 1. The state department of health and human services may, by regulation and upon such
16 conditions as it may prescribe to assure compliance with the purposes of this chapter,
17 provide for the extension of the periods of time prescribed in sections 23-02.1-19,
18 23-02.1-20, and 23-02.1-21 for the filing of death records, fetal death records, medical
19 certification of death, and for the obtaining of final disposition-transit permits in cases
20 in which compliance with the applicable prescribed period would result in undue
21 hardship.
22 2. Regulations of the state department of health and human services may provide for the
23 issuance of a final disposition-transit permit under section 23-02.1-21 before the filing
24 of a record of death or fetal death upon conditions designed to assure compliance with
25 the purposes of this chapter in cases in which compliance with the requirement that
26 the records be filed before the issuance of the permit would result in undue hardship.
27 SECTION 156. AMENDMENT. Section 23-02.1-25 of the North Dakota Century Code is
28 amended and reenacted as follows:
1 human services necessary for the purpose of completing their respective official
2 duties.
3 SECTION 158. AMENDMENT. Subsection 7 of section 23-02.1-27 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 7. The state department of health and human services may issue, through electronic
6 means determined by the state department of health and human services, verifications
7 of information contained on birth or death records filed with the state registrar when
8 such information is provided and a verification is requested by a governmental agency,
9 whether foreign or domestic, in the conduct of the agency's official duties. The state
10 department of health and human services may also issue these electronic verifications
11 for a negotiated and agreed-upon fee to:
12 a. Benefit-paying parties, such as annuity companies, pension plans, and life
13 insurance companies, that demonstrate a need for such information to determine
14 whether the benefits the benefit-paying party are paying should be terminated or
15 distributed to a beneficiary;
16 b. Physicians licensed to practice in the United States who demonstrate such
17 information is needed to determine whether a patient the physician is treating has
18 been lost to care;
19 c. Attorneys licensed to practice in the United States who demonstrate that the
20 information is necessary to administer the attorneys' client's estate; or
21 d. Other entities for fraud prevention as determined by the state registrar.
22 SECTION 159. AMENDMENT. Subsection 3 of section 23-02.1-28 of the North Dakota
23 Century Code is amended and reenacted as follows:
24 3. Data or copies may be furnished for statistical purposes to federal, state, local, or
25 other public or private agencies, including the federal agency responsible for national
26 vital statistics, upon such terms and conditions as may be prescribed by the state
27 department of health and human services through rules and regulations adopted
28 pursuant to this chapter.
29 SECTION 160. AMENDMENT. Section 23-02.1-29 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 23-02.1-29. Fees.
2 1. The state department of health and human services shall prescribe the fees, if any, not
3 to exceed fifteen dollars, to be paid for the following:
4 a. Each certified copy of a record.
5 b. Each certified statement of the facts of birth other than a copy of the original birth
6 record.
7 c. Each filing of a new record of birth or fetal death following adoption.
8 d. Each filing of a delayed record of birth or death except as provided for in
9 subsection 4 of section 23-02.1-18.
10 e. Each filing of an amendment to a birth or death record.
11 f. A search of the files or records when no copy is made.
12 g. A noncertified informational copy of a death or marriage record.
13 The fee for each additional copy of a death or fetal death record, requested at the
14 same time, may not exceed ten dollars.
15 2. Except as otherwise provided in subsection 3, fees collected under this section by the
16 state registrar must be deposited in the operating fund of the state department of
17 health and human services, according to procedures established by the state
18 treasurer.
19 3. The state department of health and human services shall quarterly pay fees in the
20 amount of two dollars for the issuance of each certified copy of a birth record,
21 authorized by subsection 1, into the children's trust fund created by section 50-27-01.
22 4. All fees collected in excess of the fees appropriated must be transferred to the general
23 fund of this state at the end of each biennium.
24 SECTION 161. AMENDMENT. Subsection 3 of section 23-02.1-30 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 3. A funeral director, embalmer, or other person who removed from the place of death or
27 transports or finally disposes of a dead body or fetus, in addition to filing any record or
28 other form required by this chapter, shall keep a record which must identify the body,
29 and the information pertaining to receipt, removal, and delivery of the body as may be
30 prescribed in regulations adopted by the state department of health and human
31 services.
1 burial or cremation. Funds adequate to allow for burial instead of cremation are
2 considered nominal under this section.
3 SECTION 163. AMENDMENT. Subsection 1 of section 23-06-04 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 1. The dead body of a human being must be disposed of by the person charged with that
6 duty within eight days after the death of such person except when any of the following
7 occur:
8 a. The right to dissect the body is expressly conferred by law.
9 b. The body is being carried through this state.
10 c. The body is being removed from this state for the purpose of final disposition in
11 some other state.
12 d. A permit is obtained from the local health officer or the state department of health
13 and human services allowing a longer time during which the body need not be
14 disposed. The permit shall state the additional length of time during which the
15 body need not be disposed.
16 e. The body is being stored for an extended period of time in a vault determined
17 suitable by the state department of health and human services, but the body may
18 not be stored in a vault for a period of more than eight days during the months of
19 June through October unless a permit is obtained from the local health officer or
20 the state department of health.
21 SECTION 164. AMENDMENT. Section 23-06-07 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 23-06-07. Regulation of final disposition - Issuance of final disposition-transit permit
24 regulated.
25 The body of any individual whose death occurs in this state may not be interred, deposited
26 in a vault or tomb, cremated, donated to a school of medicine, or otherwise disposed as
27 authorized by law, until a final disposition-transit permit has been properly issued by a
28 subregistrar. If the certificate is incorrect or incomplete, the subregistrar may not issue the
29 permit until it is corrected or completed. In the case of any death outside of this state, a final
30 disposition-transit permit issued in accordance with the law and the health regulations in force in
31 the state where the death occurred, when accompanying a body shipped through or into this
1 state, may be accepted with the same effect as a permit from a subregistrar. If the death
2 occurred from some disease that is held to be communicable by the state department of health
3 and human services, the subregistrar shall refuse to issue a permit for the removal or other
4 disposition of the body except under the conditions prescribed by the state department of health
5 and human services and the local board of health.
6 SECTION 165. AMENDMENT. Section 23-06-20 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 23-06-20. Where body may be buried.
9 No dead human body may be buried in this state except in a properly registered cemetery
10 or in some other place requested by the relatives and friends of the deceased if the same is
11 authorized by the state department of health and human services and all rules and regulations
12 promulgated by the department in that connection have been complied with.
13 SECTION 166. AMENDMENT. Section 23-06-21 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 23-06-21. Regulation of cemeteries.
16 All persons, corporations, municipalities, associations, and organizations owning,
17 conducting, or maintaining a cemetery or plot for the burial of dead human bodies shall:
18 1. Provide for a sexton or secretary.
19 2. Cause the lot or parcel of ground used and designated as a cemetery to be platted
20 into orderly blocks and lots, alleys and streets or driveways, giving to each a distinctive
21 name or number that must be a permanent designation of its location.
22 3. File the original plat with the recorder of the county in which the cemetery or place of
23 burial is located and the copy or blueprint thereof with the sexton or secretary.
24 4. Register with the state department of health and human services the name and
25 location of the cemetery or place of burial, the name and address of the sexton, and
26 the name and address of other officers of the cemetery association, corporation, or
27 organization.
28 5. Furnish such information and reports as the state department of health and human
29 services may require including the submission of plans and specifications for review
30 and approval before constructing, erecting, or placing on the burial site for the burial or
1 historical society to prevent the destruction of the human burial sites by actions
2 including the construction of highways, dams, reservoirs, coal mines, power
3 generation and transmission facilities, pipelines, farming practices, and other
4 developments. Where feasible, the developments should avoid disturbance of the
5 human burial sites. In these situations the disinterred human remains and burial goods
6 must be studied and reinterred pursuant to rules adopted by the state department of
7 health and human services and the state historical society.
8 SECTION 170. AMENDMENT. Section 23-06-30 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 23-06-30. Abandoned cemeteries to be maintained by counties.
11 The board of county commissioners of each county may provide for the identification,
12 cataloguing, recording, and shall provide for the general maintenance and upkeep of each
13 abandoned cemetery located within such county using revenues derived from its general fund
14 levy authority. The board shall, at least once each year, proceed to have the weeds and grass
15 cut, restore gravestones to their original placement, and perform any other general
16 maintenance necessary to maintain the dignity and appearance of the grounds. For the
17 purposes of this section, a cemetery means any tract of land used as a burial plot and which is
18 filed with the recorder of the county as a public burying place. The board of county
19 commissioners of each county shall provide for the registration, with the state department of
20 health and human services, of each abandoned cemetery within such county unless such
21 cemetery has been previously registered. Such registration must take place within one year of
22 notification being made to the board, by any interested party of the existence of such
23 abandoned cemetery.
24 SECTION 171. AMENDMENT. Subsection 1 of section 23-06.6-19 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 1. The state department of health and human services may establish or contract for the
27 establishment of a donor registry.
28 SECTION 172. AMENDMENT. Section 23-07-01 of the North Dakota Century Code is
29 amended and reenacted as follows:
1 SECTION 176. AMENDMENT. Section 23-07-02.2 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-07-02.2. Confidentiality of reports.
4 A report required by section 23-07-02.1 and held by the state department of health and
5 human services is confidential information. The information may not be disclosed, shared with
6 any agency or institution, or made public, upon subpoena, search warrant, discovery
7 proceedings, or otherwise, except that:
8 1. Disclosure may be made of medical or epidemiological information for statistical
9 purposes in a manner such that no individual person can be identified;
10 2. Disclosure may be made of medical or epidemiological information to the extent
11 necessary to enforce section 23-07-02.1 and this section and related rules concerning
12 the treatment, control, and investigation of human immunodeficiency virus infection by
13 public health officials; or
14 3. Disclosure may be made of medical or epidemiological information to medical
15 personnel to the extent necessary to protect the health or life of any individual.
16 No officer or employee of the state department of health and human services may be examined
17 in any judicial, executive, legislative, or other proceeding regarding the existence or content of
18 any individual's report retained by the department under section 23-07-02.1.
19 SECTION 177. AMENDMENT. Subsection 3 of section 23-07-02.3 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 3. The temporary order may be issued and is effective without regard to chapter 28-32
22 for a period of ninety days, unless earlier revoked by the state health officer.
23 Emergency rulemaking must be initiated under chapter 28-32 within ninety days of the
24 order or the order expires. The temporary order and any emergency rulemaking under
25 this section are effective without the necessity of approval from the health
26 councildepartment of health and human services.
27 SECTION 178. AMENDMENT. Section 23-07-03 of the North Dakota Century Code is
28 amended and reenacted as follows:
29 23-07-03. Report of cases of sexually transmitted disease.
30 The superintendent of a hospital, dispensary, or charitable or penal institution, in which
31 there is a case of sexually transmitted disease, or the superintendent's designee, shall report
1 such case to the nearest health officer having jurisdiction. The report must be made in the form
2 and manner directed by the state department of health and human services.
3 SECTION 179. AMENDMENT. Section 23-07-05 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 23-07-05. Local health officers to report reportable disease to state department of
6 health and human services.
7 At such time as may be required by the state department of health and human services,
8 each local health officer shall submit to such department, on blanks furnished by the department
9 for that purpose, a summarized report of the reportable diseases reported to the health officer
10 during the week. When no cases have been reported during the week, the report must be made
11 with the notation "No cases reported".
12 SECTION 180. AMENDMENT. Subsection 2 of section 23-07-07.5 of the North Dakota
13 Century Code is amended and reenacted as follows:
14 2. The results of any positive or reactive test must be reported to the state department of
15 health and human services in the manner prescribed by the department and to the
16 individual tested. Subsection 1 does not require the testing of an individual before
17 sentencing or the testing of an individual held in a jail or correctional facility awaiting
18 transfer to the state penitentiary.
19 SECTION 181. AMENDMENT. Section 23-07-07.6 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 23-07-07.6. Report of testing result of imprisoned individuals.
22 Notwithstanding any other provision of law, the state department of health and human
23 services or any other agency shall release the results of any testing for any reportable disease
24 performed on an individual convicted of a crime who is imprisoned if the request is made by any
25 individual and the individual provides written proof from the administrator of the facility with
26 control over the individual imprisoned which states that the individual has had a significant
27 exposure as defined in section 23-07.3-01.
28 SECTION 182. AMENDMENT. Section 23-07-15 of the North Dakota Century Code is
29 amended and reenacted as follows:
1 philosophical, or moral beliefs are opposed to such immunization. The minor child is
2 then exempt from the provisions of this section.
3 4. The enforcement of subsections 1, 2, and 3 is the responsibility of the designated
4 institution authority.
5 5. The immunizations required, and the procedure for their administration, as prescribed
6 by the state department of health and human services, must conform to recognized
7 standard medical practices in the state. The state department of health and human
8 services shall administer the provisions of this section and shall promulgate rules and
9 regulations in the manner prescribed by chapter 28-32 for the purpose of
10 administering this section.
11 6. When, in the opinion of the health officer, danger of an epidemic exists from any of the
12 communicable diseases for which immunization is required under this section, the
13 exemptions from immunization against such disease may not be recognized and
14 children not immunized must be excluded from an institution listed in subsection 1
15 until, in the opinion of the health officer, the danger of the epidemic is over. The
16 designated institution authority shall notify those parents or guardians taking legal
17 exception to the immunization requirements that their children are excluded from
18 school during an epidemic as determined by the state department of health and
19 human services.
20 7. When, in the opinion of the health officer, extenuating circumstances make it difficult or
21 impossible to comply with immunization requirements, the health officer may authorize
22 children who are not immunized to be admitted to an institution listed in subsection 1
23 until the health officer determines that the extenuating circumstances no longer exist.
24 Extenuating circumstances include a shortage of vaccine and other temporary
25 circumstances.
26 SECTION 184. AMENDMENT. Section 23-07-21 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 23-07-21. Penalties.
29 Except as otherwise provided in this section, a person is guilty of an infraction:
1 1. Who violates or fails to obey any provision of this chapter, any lawful rule made by the
2 state department of health and human services, or any order issued by any state,
3 district, county, or municipal health officer;
4 2. Who violates any quarantine law or regulation, or who leaves a quarantined area
5 without being discharged; or
6 3. Who, knowing that the person is infected with a sexually transmitted disease, willfully
7 exposes another person to infection.
8 Any person required to make a report under section 23-07-02.1 who releases or makes public
9 confidential information or otherwise breaches the confidentiality requirements of section
10 23-07-02.2 is guilty of a class C felony.
11 SECTION 185. AMENDMENT. Subsection 2 of section 23-07.1-01.1 of the North Dakota
12 Century Code is amended and reenacted as follows:
13 2. "Department" means the state department of health and human services, including
14 local public health units.
15 SECTION 186. AMENDMENT. Section 23-07.1-04 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 23-07.1-04. State health officer - Designee - Responsibility.
18 The state health officer or designee is responsible for the inpatient and outpatient care of
19 persons afflicted or suspected of being afflicted with tuberculosis. If the state health officer
20 determines that suspected or actual tuberculous patients may be adequately cared for on an
21 inpatient basis by contract with general hospitals or other appropriate facilities, authority for
22 contracting with such facilities is granted to the state health officerdepartment of health and
23 human services. In addition, the state health officerdepartment of health and human services is
24 authorized to establish and maintain the necessary outpatient clinics for diagnostic workup and
25 evaluation on all suspected or actual tuberculous patients in the state. The state health
26 officerdepartment of health and human services shall pay the contract fee to general hospitals
27 or other appropriate facilities and provide funds to the outpatient evaluation clinics from funds to
28 be appropriated for this purpose by the legislative assembly. The state's claim on patient
29 benefits as provided in section 23-07.1-03 applies insofar as applicable to tuberculous patients
30 in general hospitals and for services rendered in outpatient clinics. The state health officer or a
31 designee has the power to:
1 1. Do any act necessary and proper in the performance of the functions imposed upon
2 the state health officer by the provisions of this chapter.
3 2. Issue orders and compel obedience thereto.
4 3. Administer oaths.
5 SECTION 187. AMENDMENT. Section 23-07.1-14 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 23-07.1-14. Care of tubercular patients - Acceptance of federal funds - General
8 hospital.
9 The state health officer, or a designee, is hereby authorized todepartment may contract with
10 public or private agencies for the care of persons having tuberculosis. The state health
11 officerdepartment is hereby authorized to accept any federal funds or to enter into any federal
12 programs on behalf of persons having tuberculosis in North Dakota. The state health
13 officerdepartment may also utilize general hospitals or other appropriate facilities in the
14 placement of recalcitrant persons having tuberculosis.
15 SECTION 188. AMENDMENT. Section 23-07.2-02 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 23-07.2-02. Blood disorder assistance program.
18 The state health officerdepartment of health and human services shall establish a program
19 of financial assistance to persons suffering from hemophilia and other related congenital
20 bleeding disorders. The program shall assist those persons to purchase the blood derivatives
21 and supplies necessary for home care.
22 SECTION 189. AMENDMENT. Section 23-07.2-03 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 23-07.2-03. Recovery from other sources.
25 The state health officerdepartment of health and human services may enter into
26 agreements with third parties, including any insurer or private sources, for recovery of payments
27 for blood products and supplies used in home care by persons participating in the program.
28 SECTION 190. AMENDMENT. Section 23-07.2-04 of the North Dakota Century Code is
29 amended and reenacted as follows:
30 23-07.2-04. Rulemaking authority.
31 The state health officerdepartment of health and human services shall:
1 1. Establish a reasonable cost for blood products and supplies used in home care as a
2 basis of reimbursement under this chapter.
3 2. Determine when reimbursement may not be made under this chapter for any blood
4 products or supplies which are not purchased in compliance with regulations
5 promulgated pursuant to this chapter. Reimbursement may not be made under this
6 chapter for any portion of the costs of blood products or supplies which are payable
7 under any other state or federal program or under any grant, contract, or any other
8 contractual arrangement.
9 3. Define what constitutes "home care".
10 4. Define what constitutes "income", "net worth", and "patient eligibility" for assistance.
11 5. Provide guidelines to determine individual liability.
12 6. Adopt all rules necessary to implement subsections 1 through 5 pursuant to chapter
13 28-32.
14 SECTION 191. AMENDMENT. Subsection 4 of section 23-07.4-01 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 4. Upon issuance of any order under subsection 2 or 3, the state health officer or a
17 designee of the state health officer shall promptly, personally, and confidentially notify
18 the person who is the subject of the order, stating the grounds and provisions of the
19 order and the right to contest the order, the right to be present at a judicial hearing in
20 the district court serving the county in which the person resides to review the order,
21 and the right to be represented by counsel during the hearing. If the person who is the
22 subject of the order refuses to comply with the order and refuses to cooperate
23 voluntarily with the state health officer or a designee of the state health officer, the
24 state health officer or designee may petition the district court serving the county in
25 which the person resides for an order of compliance. The state health officer or
26 designee shall request the state's attorney in the county in which the person resides to
27 file the petition in the district court. If an order of compliance is requested, the court
28 shall hear the matter within ten days after the request. Notice of the place, date, and
29 time of the court hearing must be made by personal service or, if the person is not
30 available, must be mailed to the person who is the subject of the order by certified mail
31 at the person's last-known address. Proof of mailing by the state health officer or
1 designee is sufficient notice under this section. The burden of proof is on the state
2 health officer or designee to show by clear and convincing evidence that the specified
3 grounds exist for the issuance of the order and for the need for compliance and that
4 the terms and conditions imposed in the order are no more restrictive than necessary
5 to protect the public health. Upon conclusion of the hearing, the court shall issue
6 appropriate orders affirming, modifying, or dismissing the order. If the court dismisses
7 the order, the fact that the order was issued must be expunged from the records of the
8 state department of health and human services. If the court affirms or modifies the
9 order and the person subject to the order is infected with the human immunodeficiency
10 virus, the court shall require the person to disclose the names and addresses, if
11 known, of persons with whom the person has had contact that poses an
12 epidemiologically demonstrated risk of transmission of the human immunodeficiency
13 virus. Failure to comply with court-ordered disclosure constitutes contempt of court.
14 SECTION 192. AMENDMENT. Subsection 3 of section 23-07.4-02 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 3. Any order issued by the district court under subsection 2 is subject to review in a court
17 hearing. Prompt, personal, and confidential notice of the place, date, and time of the
18 court hearing and of the person's right to be present at the hearing and the right to
19 representation by counsel during the hearing must be given to the person who is the
20 subject of the court order. The hearing must be conducted by the court within
21 forty-eight hours after the order is issued. The burden of proof is on the state health
22 officer or designee to show by clear and convincing evidence that grounds exist for the
23 order issued by the court under subsection 2 and that the terms and conditions
24 imposed in the order are no more restrictive than necessary to protect the public
25 health. Upon conclusion of the hearing, the court shall issue appropriate orders
26 affirming, modifying, or dismissing the order. If the court dismisses the order, the fact
27 that the order was issued must be expunged from the records of the state department
28 of health and human services. If the court affirms or modifies the order and the person
29 subject to the order is infected with the human immunodeficiency virus, the court shall
30 require the person to disclose the names and addresses, if known, of persons with
31 whom the person subject to the order has had contact that poses an epidemiologically
1 SECTION 198. AMENDMENT. Section 23-09.1-02 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-09.1-02. Bed and breakfast facilities - Powers of state department of health.
4 The department shall establish by rule the procedures for licensing, qualifying, classifying,
5 inspecting, and regulating persons providing bed and breakfast facilities in private homes,
6 including rules affecting the health and safety of the facility and the persons using the facility. No
7 political subdivision, including a home rule city or county, may impose health and safety,
8 licensure, or inspection requirements that exceed the requirements of this chapter or rules
9 adopted by the department.
10 SECTION 199. AMENDMENT. Subsection 1 of section 23-09.2-01 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 1. "Department" means the state department of health and human services.
13 SECTION 200. AMENDMENT. Subsection 2 of section 23-09.3-01 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 2. "Department" means the state department of health and human services.
16 SECTION 201. AMENDMENT. Section 23-09.3-01.1 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 23-09.3-01.1. Moratorium on expansion of basic care bed capacity.
19 1. Basic care beds may not be added to the state's licensed bed capacity during the
20 period between August 1, 2019, and July 31, 2021, except if:
21 a. A nursing facility converts nursing facility beds to basic care;
22 b. An entity licenses bed capacity transferred as basic care bed capacity under
23 section 23-16-01.1;
24 c. An entity demonstrates to the state department of health and the department of
25 human services that basic care services are not readily available within a
26 designated area of the state or that existing basic care beds within a fifty-mile
27 [80.47-kilometer] radius have been occupied at ninety percent or more for the
28 previous twelve months. In determining whether basic care services will be
29 readily available if an additional license is issued, preference may be given to an
30 entity that agrees to any participation program established by the department of
1 human services for individuals eligible for services under the medical assistance
2 program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; or
3 d. The state department of health and the department of human services grant
4 approval of new basic care beds to an entity. The approved entity shall license
5 the beds within forty-eight months from the date of approval.
6 2. Transfers of basic care beds from one basic care facility to another entity is permitted.
7 Transferred basic care beds must become licensed within seventy-two months of
8 transfer. The entity receiving the transferred beds or any new facility may seek to
9 participate in the basic care assistance program. If the entity can demonstrate that
10 individuals can be cared for at a more independent level and that this service will delay
11 entry into the nursing facility, the entity may be approved for basic care assistance
12 funds.
13 3. If an Indian tribe acquires basic care beds, the tribal facility must meet state licensing
14 requirements for those beds within seventy-two months of acquisition. A tribal facility
15 may seek to participate in the basic care assistance program. Basic care assistance
16 payments may only be made to a tribal facility that agrees to participate and adhere to
17 all federal and state requirements of the basic care assistance program including
18 participation, screening, ratesetting, and licensing requirements.
19 SECTION 202. AMENDMENT. Section 23-09.3-05.1 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 23-09.3-05.1. Application for license - License fee.
22 Applicants for a license shall file applications under oath with the state department of health
23 upon forms prescribed. An application for a license for facilities not owned by the state or its
24 political subdivisions must be accompanied by a fee of ten dollars per bed. License fees
25 collected pursuant to this section must be deposited in the state department of health services
26 operating fund in the state treasury and any expenditure from the fund is subject to
27 appropriation by the legislative assembly.
28 SECTION 203. AMENDMENT. Subsection 2 of section 23-09.4-01 of the North Dakota
29 Century Code is amended and reenacted as follows:
30 2. "Department" means the state department of health and human services.
1 those for unmarried mothers maintained and operated by the department of health and human
2 services are not required to obtain a license under this chapter.
3 In the case of emergency or transfer beds attached to and forming a part of a licensed
4 medical doctor's office, the state department of health and human services has the right of
5 inspection, but no license may be required under the provisions of this chapter when the
6 number of such beds does not exceed four.
7 SECTION 212. AMENDMENT. Subsection 6 of section 23-16-01.1 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 6. A nursing facility, upon prior written notice to the state department of health and
10 human services, may delicense a maximum of twenty-five percent of its licensed
11 nursing facility bed capacity and have the delicensed nursing facility held for a period
12 of forty-eight months. The total delicensed nursing facility bed capacity that may be
13 held for a nursing facility at no time may be greater than fifty percent of the number of
14 currently licensed beds in the nursing facility. Delicensed nursing facility bed capacity
15 in excess of fifty percent of the nursing facility's licensed capacity may not be held and
16 is not eligible for the provisions of subsection 7. Delicensed bed capacity not sold or
17 relicensed at the conclusion of the forty-eight-month holding period ceases to exist.
18 SECTION 213. AMENDMENT. Section 23-16-03 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 23-16-03. Application for license - License fee.
21 Applicants for license shall file applications under oath with the state department of health
22 and human services upon forms prescribed. Applications must be signed by the owner, or in the
23 case of a corporation by two of its officers, or in the case of a county or municipal unit by the
24 head of the governmental department having jurisdiction over it. Applications must set forth the
25 full name and address of the owner of the institution for which license is sought, the names of
26 the persons in control thereof, and such additional information as the state department of health
27 and human services may require, including affirmative evidence of ability to comply with such
28 minimum standards, rules, and regulations as may be lawfully prescribed pursuant to this
29 section. An application for a license for facilities not owned by the state or its political
30 subdivisions must be accompanied by the following fees:
31 1. For each licensed acute care bed, ten dollars.
1 health, may disclose individually identifiable health information of such an institution obtained in
2 the course of a survey or inspection except in a judicial or administrative proceeding in
3 response to an order of a court or administrative tribunal.
4 SECTION 219. AMENDMENT. Subsection 2 of section 23-16-11 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 2. In addition to any criminal sanctions that may be imposed pursuant to law, any person
7 maintaining or operating a nursing facility licensed by the department who is found
8 guilty of knowingly violating any provision of this title or any rules adopted under this
9 title, or any person maintaining or operating a nursing facility found to have
10 deficiencies during a survey of the nursing facility, may be assessed a civil penalty not
11 to exceed one thousand dollars for each violation and for each day the violation
12 continues plus interest and any costs incurred by the department to enforce this
13 penalty. This civil penalty may be imposed by a court in a civil proceeding or by the
14 state health officer through an administrative hearing under chapter 28-32. If a civil
15 penalty levied by the department after an administrative hearing is not paid within thirty
16 days after a final determination that a civil penalty is owed, unless the determination of
17 a civil penalty is appealed to a district court, the civil penalty and any costs incurred by
18 the department to enforce the penalty may be withheld from payments due to the
19 person or nursing facility from the department of health and human services. Any
20 funds received as penalties must be applied to protect residents of the nursing facility,
21 to relocate residents, to maintain operation of the nursing facility, and to reimburse
22 residents for loss of personal funds.
23 SECTION 220. AMENDMENT. Section 23-16-12 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 23-16-12. Injunction.
26 The state department of health and human services, in accordance with the laws of the
27 state governing injunctions and other process, may maintain an action in the name of the state
28 against any person, partnership, association, corporation, or limited liability company for
29 establishing, conducting, managing, or operating any hospital within the meaning of the chapter
30 without first having a license therefor as herein provided or without first obtaining from the state
1 department of health and human services written approval of plans and specifications for major
2 alterations of, additions to, or construction of health facilities.
3 SECTION 221. AMENDMENT. Subsection 1 of section 23-16.1-01 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 1. "Department" means the state department of health and human services.
6 SECTION 222. AMENDMENT. Section 23-17-08 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 23-17-08. Establishment of advisory committee.
9 The chiropractic board of examiners shall request the governor to appoint an advisory
10 committee consisting of the executive director of the department of health and human services,
11 one chiropractic hospital superintendent, and one person interested in chiropractic hospitals.
12 One member is to serve for three years, one for two, and one is to serve for one year from the
13 date of their appointment or until their successors are duly appointed. Following this first
14 appointment, the term of office must be for three years. This advisory committee shall act in an
15 advisory capacity to the chiropractic board of examiners in dealing with matters pertaining to
16 particular problems of chiropractic hospitals and sanatoriums and other related institutions.
17 SECTION 223. AMENDMENT. Subsection 2 of section 23-17.3-01 of the North Dakota
18 Century Code is amended and reenacted as follows:
19 2. "Department" means the state department of health and human services.
20 SECTION 224. AMENDMENT. Section 23-17.3-08 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 23-17.3-08. Rules - State department of health.
23 The department shall adopt necessary rules relating to the home health agencies licensed
24 pursuant to section 23-17.3-02, including rules governing:
25 1. Qualifications of professional and ancillary personnel in order to furnish adequately
26 home health services.
27 2. Standards for the organization and quality of patient care.
28 3. Procedures for maintaining records.
29 4. Provision for contractual arrangements for professional and ancillary health services.
30 5. Procedures for application, issuance, and renewal of license.
31 6. Procedures for denial, suspension, or revocation of license.
1 within which the cemetery is located, unless the board of county commissioners designates a
2 different official. The license must be renewed by or before July first of each year. Prior to
3 issuance or renewal of a license, the recorder, or designated official, shall determine if the
4 applicant is in full compliance with the provisions of this chapter. When applying for a license
5 renewal, the applicant shall report to the recorder, or designated official, the number of spaces
6 sold, the gross amount of receipts from the sale of spaces, and the amount of money
7 transferred to the perpetual care trust fund during the organization's previous fiscal year. The
8 license fee must be five dollars per year, except that any perpetual care cemetery which has
9 sold less than ten spaces during the previous fiscal year may not be required to pay a license
10 fee.
11 SECTION 229. AMENDMENT. Subsection 1 of section 23-21.1-03 of the North Dakota
12 Century Code is amended and reenacted as follows:
13 1. Any organization subject to this chapter which is organized or commences business in
14 this state and desires to operate as a perpetual care cemetery, before selling or
15 disposing of any interment space or lots, shall establish a minimum perpetual care and
16 maintenance guarantee fund of twenty-five thousand dollars in cash, except that the
17 minimum perpetual care and maintenance guarantee fund for organizations in
18 operation on July 1, 1963, must be five thousand dollars. The perpetual care and
19 maintenance guarantee fund must be permanently set aside in trust to be
20 administered under the jurisdiction of the district court of the county wherein the
21 cemetery is located. The district court shall have jurisdiction over the approval of
22 trustees, reports and accounting of trustees, amount of surety bond required, and
23 investment of funds as provided by chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14,
24 59-15, 59-16, 59-17, 59-18, and 59-19 relating to the administration of trust estates.
25 Only the income from such fund may be used for the care and maintenance of the
26 cemetery for which it was established. All such organizations shall submit at least
27 annually, to the district court, such reports as are required. The clerks of each of the
28 district courts shall transmit copies of all reports, and rules and regulations enacted by
29 the organization, to the state department of health and human services and the
30 commissioner of financial institutions.
1 SECTION 230. AMENDMENT. Section 23-23-03 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-23-03. Enforcement by health officer - Seizure - Inspection - Injunction.
4 It is the duty of the state health officer to enforce the provisions of this chapter, and for that
5 purpose the investigators, inspectors, representatives, and agents of the state department of
6 health and human services shall have the full power and authority of peace officers in this state,
7 and shall have the power and authority to administer oaths, to enter upon premises at all times
8 for the purpose of making inspections, to seize evidence, to interrogate all persons, and to
9 require the production of books, papers, documents, or other evidence. The state health officer
10 may institute, in its own name, proceedings to enjoin and restrain violations of this chapter,
11 regardless of whether the defendant has been convicted of violation of the penal provisions
12 thereof, and may not be required to pay any costs or filing fees or furnish any bond in
13 connection therewith.
14 SECTION 231. AMENDMENT. Section 23-27-01 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 23-27-01. License required - Licensing of emergency medical services operations -
17 Exception - Waiver.
18 1. The state department of health and human services shall license emergency medical
19 services operations and may designate their service areas. The department shall limit
20 the issuance of a license for any new emergency medical services operation based on
21 the needs of the service area. A license for an emergency medical services operation
22 is nontransferable.
23 2. Emergency medical services may not be advertised, offered, or provided to the public
24 except by an emergency medical services operator that provides the emergency
25 medical services through emergency medical services personnel.
26 3. Except as otherwise provided under subsection 4, an emergency medical services
27 operator must be separately licensed for each of the operator's emergency medical
28 services operations and an operation that is headquartered from a separate location
29 must be considered a separate operation. Under this subsection, an operation with a
30 single headquarters site may dispatch vehicles and emergency medical services
1 personnel from more than one location if calls requesting services are received and
2 orders for vehicle dispatch are made at the single headquarters site.
3 4. Notwithstanding subsection 3, an operator of an emergency medical services
4 operation may operate one or more substation ambulance services operations under a
5 single license if:
6 a. The headquarters ambulance services operation is not a substation ambulance
7 services operation of another emergency medical services operation;
8 b. The substation ambulance services operation area borders the headquarters
9 ambulance services operation area or borders another substation of the
10 headquarters ambulance services operation;
11 c. The headquarters ambulance services operation and the substation ambulance
12 services operation are dispatched by the same entity; and
13 d. The operator of the emergency medical services operation pays a license fee for
14 each of its substation ambulance services operations.
15 5. The provisions of this chapter do not apply to an operator from another state which is
16 headquartered at a location outside of this state and transports patients across state
17 lines, but the operator may not treat patients within this state or pick up patients within
18 this state for transportation to locations within this state, except as provided by rule.
19 6. The statedepartment of health counciland human services shall adopt rules for special
20 licenses and waiver provisions for an operator of an emergency medical services
21 operation intended for industrial sites not available to the general public.
22 SECTION 232. AMENDMENT. Subsection 1 of section 23-27-02 of the North Dakota
23 Century Code is amended and reenacted as follows:
24 1. "Department" means the state department of health and human services.
25 SECTION 233. AMENDMENT. Section 23-27-03 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 23-27-03. License fees.
28 The fee for an emergency medical services operation license to operate an emergency
29 medical services operation or a substation ambulance services operation must be set by the
30 state health council at a sum of not more than twenty-five dollars annually, as may be required
31 to defray the costs of administration of the licensing program. This operation license fee does
1 not apply to licensure or certification of emergency medical services personnel. All license fees
2 must be paid to the state department of health and human services and deposited with the state
3 treasurer and credited to the state general fund.
4 SECTION 234. AMENDMENT. Subsection 1 of section 23-27-04 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 1. An emergency medical services operation within this state may not operate unless the
7 operation is licensed in accordance with this chapter and rules adopted by the
8 statedepartment of health counciland human services. The rules must include:
9 a. Time when operator's services must be available.
10 b. Type of motor vehicle operator's license needed for drivers of ground vehicles.
11 c. Training standards for operation personnel.
12 d. Equipment and ground vehicle standards.
13 e. Annual license fees.
14 f. Number of personnel required for each run.
15 g. The scope of practice for uncertified drivers, certified personnel, and emergency
16 medical services professionals.
17 h. Performance standards, which may include response time standards.
18 i. Other requirements as may be found necessary to carry out the intent of this
19 chapter.
20 SECTION 235. AMENDMENT. Section 23-27-04.2 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 23-27-04.2. Emergency medical services - State assistance.
23 The state department of health and human services shall assist in the training of emergency
24 medical services personnel of certain emergency medical services operations as determined by
25 the department and financially shall assist certain emergency medical services operations as
26 determined by the department in obtaining equipment. Assistance provided under this section
27 must be within the limits of legislative appropriation. The department shall adopt criteria for
28 eligibility for assistance in the training of emergency medical services personnel of various
29 types of emergency medical services operations. To qualify for financial assistance for
30 equipment an emergency medical services operation shall certify, in the manner required by the
31 department, that the operation has fifty percent of the amount of funds necessary for identified
1 equipment acquisitions. The department shall adopt a schedule of eligibility for financial
2 assistance for equipment. The schedule must provide for a direct relationship between the
3 amount of funds certified and the number of responses during the preceding calendar year for
4 the purpose of rendering medical care, transportation, or both, to individuals who were sick or
5 incapacitated. The schedule must require that as the number of responses increases, a greater
6 amount of funds certified is required. The schedule must classify responses and the financial
7 assistance available for various classifications. The department may establish minimum and
8 maximum amounts of financial assistance to be provided to an emergency medical services
9 operation under this section. If applications for financial assistance exceed the amount of
10 allocated and available funds, the department may prorate the funds among the applicants in
11 accordance with criteria adopted by the department. No more than one-half of the funds
12 appropriated by the legislative assembly each biennium and allocated for training assistance
13 may be distributed in the first year of the biennium.
14 SECTION 236. AMENDMENT. Section 23-27-04.3 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 23-27-04.3. Emergency medical services personnel training, testing, certification,
17 licensure, and quality review - Penalty.
18 The statedepartment of health counciland human services shall adopt rules prescribing
19 minimum training, testing, certification, licensure, and quality review standards for emergency
20 medical services personnel, instructors, and training institutions. Rules adopted must include a
21 definition of minimum applicable standards, a definition of emergency medical services
22 personnel, provide for a mechanism for certifying or licensing persons who have met the
23 required standards, provide a mechanism to review and improve the quality of care rendered by
24 emergency medical services personnel, and define minimum standards for emergency medical
25 services training institutions. Licensing as an emergency medical services training institution is
26 optional. It is a class B misdemeanor for an individual to willfully misrepresent that individual's
27 certification or licensing status as emergency medical services personnel. Quality review and
28 improvement information, data, records, and proceedings are not subject to subpoena or
29 discovery or introduction into evidence in any civil action.
30 SECTION 237. AMENDMENT. Section 23-27-04.7 of the North Dakota Century Code is
31 amended and reenacted as follows:
1 or state law for the survey and certification of a health care facility or for trauma center
2 designation and as authorized under any rules issued under section 23-01.2-01 or
3 23-01-11 to enable the state to be in compliance with any federal laws to qualify for
4 any federal funds related to medical facilities or agencies licensed by the state
5 department of health and human services.
6 SECTION 240. AMENDMENT. Section 23-34-02.1 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 23-34-02.1. Peer review organization reports - Admissibility.
9 Any report, data, data compilation, analyses, or summary that is generated by a peer review
10 organization and made available to the state department of health and human services or the
11 public by the state department of health and human services, the North Dakota hospital
12 association, or the North Dakota hospital foundation, may not be introduced into evidence, for
13 any purpose, in any civil or administrative proceeding.
14 SECTION 241. AMENDMENT. Subsection 2 of section 23-35-01 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 2. "Department" means the state department of health and human services.
17 SECTION 242. AMENDMENT. Section 23-35-02 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 23-35-02. Public health units.
20 All land in the state must be in a public health unit before January 1, 2001. The health
21 councildepartment of health and human services may issue rules defining the core functions a
22 public health unit shall undertake.
23 SECTION 243. AMENDMENT. Subsection 4 of section 23-36-01 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 4. "Department" means the state department of health and human services.
26 SECTION 244. AMENDMENT. Section 23-38.1-01 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 23-38.1-01. Cardiac ready community grant program.
29 The state department of health and human services shall establish a cardiac ready
30 community grant program. The primary purpose of the program is to support bystander,
31 emergency responder, and community private public partnerships for strengthening
1 community-based capacity for cardiac and stroke emergency response and risk reduction
2 programs throughout the state. The program must build on and may not duplicate existing
3 programs. The department shall award grants on a competitive basis based on criteria
4 established by an advisory committee. To facilitate volume purchasing savings, the department
5 may procure vendor rates and purchases, and grant the acquired elements to community
6 programs.
7 SECTION 245. AMENDMENT. Subsection 1 of section 23-38.1-02 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 1. The state department of health and human services shall establish a cardiac ready
10 community grant program advisory committee with members appointed by the state
11 health officerexecutive director of the department of health and human services or
12 designee. The advisory committee shall advise the department of health and human
13 services in the development of the cardiac ready community grant program and the
14 membership must include a representative of the department of health and human
15 services, one cardiac ready community member, one representative of the emergency
16 medical services association, one representative of the American heart association,
17 one representative of the cardiac task force, one representative of the stroke task
18 force, one representative of the emergency services advisory committee, one survivor
19 advocate, and the state department of health and human services emergency medical
20 services and trauma medical director.
21 SECTION 246. AMENDMENT. Subsection 3 of section 23-38.1-02 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 3. The state department of health and human services, with the advisory committee's
24 involvement, shall provide assistance to:
25 a. Evaluate programs;
26 b. Promote public awareness of core program elements;
27 c. Facilitate the coordination of program components with the local level;
28 d. Involve state agencies, law enforcement, and local government in the
29 administration and management of the program; and
30 e. Assist the department in screening and implementing the grants.
1 SECTION 247. AMENDMENT. Section 23-38.1-03 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-38.1-03. Gifts, grants, and donations - Continuing appropriation.
4 The state department of health and human services may accept any gifts, grants, or
5 donations, whether conditional or unconditional. The department or local grantees may contract
6 public or private entities and may expend any available moneys to obtain matching funds for the
7 purposes of this chapter. All moneys received by the state department of health and human
8 services as gifts, grants, or donations under this section are appropriated on a continuing basis
9 to the department's operations fund for the purpose of funding the grant program.
10 SECTION 248. AMENDMENT. Subsection 1 of section 23-39-01 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 1. "Department" means the state department of health and human services.
13 SECTION 249. AMENDMENT. Section 23-39-06 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 23-39-06. Injury reports.
16 If a customer of a tanning facility reports a sunburn injury to that facility resulting from the
17 use of its tanning device, the owner shall provide the customer with written information on how
18 to report the alleged injury to the state department of health and human services. If a health
19 care provider treats a patient for a sunburn injury and determines, in the exercise of
20 professional judgment, that the injury occurred as a result of using a tanning device at a tanning
21 facility, the health care provider shall report the circumstances of the injury to the state
22 department of health and human services. A health care provider making or not making a report
23 in good faith pursuant to this section is immune from liability for making or not making a report.
24 SECTION 250. AMENDMENT. Section 23-39-07 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 23-39-07. Enforcement - Rules - Penalty.
27 The department shall enforce this chapter. The state health council and shall adopt rules
28 necessary to implement this chapter. The department may deny issuance of a permit to an
29 applicant or suspend or revoke any permit issued under this chapter if the applicant or
30 permitholder, or an employee of the applicant or permitholder, violates this chapter or any rule
1 adopted to implement this chapter. Violation of this chapter or any rule adopted to implement
2 this chapter is a class B misdemeanor.
3 SECTION 251. AMENDMENT. Section 23-41-01 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 23-41-01. Definitions.
6 In this chapter unless the context or subject matter otherwise requires:
7 1. "Department" means the state department of health and human services.
8 2. "Human service zone" means a county or consolidated group of counties
9 administering human services within a designated area in accordance with an
10 agreement or plan approved by the department of human services.
11 3. "Human services" means:
12 a. A service or assistance provided to an individual or an individual's family in need
13 of services or assistance, including child welfare services, economic assistance
14 programs, medical service programs, and aging service programs, to assist the
15 individual or the individual's family in achieving and maintaining basic
16 self-sufficiency, including physical health, mental health, education, welfare, food
17 and nutrition, and housing.
18 b. A service or assistance provided, administered, or supervised by the department
19 of human services in accordance with chapter 50-06.
20 c. Licensing duties as administered or supervised by the department of human
21 services or delegated by the department of human services to a human service
22 zone.
23 SECTION 252. AMENDMENT. Subsection 1 of section 23-41-06 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 1. Cooperate with the department in administering this chapter in its human service zone,
26 subject to rules adopted by the state health councildepartment.
27 SECTION 253. AMENDMENT. Section 23-43-02 of the North Dakota Century Code is
28 amended and reenacted as follows:
1 2. A person may not advertise to the public, by way of any medium, that a hospital is a
2 comprehensive stroke center, primary stroke center, or acute stroke ready hospital
3 unless the hospital is designated as such by the state department of health and
4 human services.
5 3. The department of health counciland human services may adopt rules to implement
6 this chapter.
7 SECTION 258. AMENDMENT. Subsection 2 of section 23-44-01 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 2. "Department" means the state department of health and human services.
10 SECTION 259. AMENDMENT. Subsection 2 of section 23-44-02 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 2. The health councildepartment shall adopt rules to regulate and register an individual
13 who receives compensation for engaging in the provision of nursing or nursing-related
14 services to an individual in a health care facility or other setting. The rules do not apply
15 to a licensed health care professional practicing within the scope of that profession, an
16 unlicensed assistive person under chapter 43-12.1, or a volunteer in the course of
17 providing services without pay. In developing the rules, the health councildepartment
18 shall consult with the state board of nursing and other key stakeholders.
19 SECTION 260. AMENDMENT. Subsection 2 of section 23-45-01 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 2. The method a health care professional uses to provide the information under
22 subsection 1 may include verbally or in writing or by providing the patient with a
23 publication prepared by the state department of health and human services under
24 section 23-45-02.
25 SECTION 261. AMENDMENT. Subsection 1 of section 23-45-02 of the North Dakota
26 Century Code is amended and reenacted as follows:
27 1. By January 1, 2012, the stateThe department of health and human services shall
28 prepare a pamphlet that includes information regarding the following:
29 a. The medical processes involved in the collection of umbilical cord blood.
30 b. The medical risks of umbilical cord blood collection to the mother and her
31 newborn child.
1 c. The current and potential future medical uses, risks, and benefits of umbilical
2 cord blood collection to a mother, her newborn child, and the mother's biological
3 family.
4 d. The current and potential future medical uses, risks, and benefits of umbilical
5 cord blood collection to individuals who are not biologically related to a mother or
6 her newborn child.
7 e. Any costs that may be incurred by a patient who chooses to make an umbilical
8 cord blood donation.
9 f. Options for ownership and future use of the donated material.
10 g. The average cost of public and private umbilical cord blood banking.
11 SECTION 262. AMENDMENT. Section 23-46-02 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 23-46-02. Emergency medical services advisory council.
14 The state department of health and human services shall establish an emergency medical
15 services advisory council. The council must include at least three representatives appointed by
16 an emergency medical services organization, one individual to represent basic life support and
17 one individual to represent advanced life support, both appointed by the state health
18 officerexecutive director of the department of health and human services or designee, and other
19 members designated by the state health officerexecutive director of the department of health
20 and human services or designee, not to exceed a total of fourteen members. The department of
21 health and human services and state health officer shall consider the recommendations of the
22 council on the plan for integrated emergency medical services in the state, development of
23 emergency medical services funding areas, development of the emergency medical services
24 funding areas application process and budget criteria, and other issues relating to emergency
25 medical services as determined by the executive director of the department of health and
26 human services or state health officer. Council members are entitled to reimbursement for
27 expenses in the manner provided in section 44-08-04. The department of health and human
28 services shall establish by policy the length of terms and the method for rotation of membership.
29 SECTION 263. AMENDMENT. Section 23-46-03 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 2. The proceedings and records of the program are not subject to subpoena, discovery,
2 or introduction into evidence in any civil action arising out of any matter that is the
3 subject of consideration by the program.
4 SECTION 267. AMENDMENT. Subsection 1 of section 23-47-03 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 1. The state health officerexecutive director of the department of health and human
7 services or designee shall appoint the members of the acute cardiovascular
8 emergency medical system of care advisory committee. The state health officer, or the
9 officer's designee, is an ex officio member of the advisory committee. The state health
10 officerexecutive director of the department of health and human services or designee
11 shall appoint to the committee members who represent referring and receiving
12 hospitals, physicians who treat patients, and members who represent emergency
13 medical services operations that provide services in rural and urban areas of the state.
14 Members of the acute cardiovascular emergency medical system of care advisory
15 committee serve at the pleasure of the state health officerexecutive director of the
16 department of health and human services.
17 SECTION 268. AMENDMENT. Section 23-50-01 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 23-50-01. Drug fatalities review panel.
20 1. The forensic pathology department of the university of North Dakota school of
21 medicine and health sciences shall appoint individuals to serve as members on the
22 drug fatalities review panel. To encompass disciplines needed for evaluation and
23 balance of members' viewpoints, panel membership must include representation from
24 multiple disciplines and services. Membership may include a forensic pathologist, a
25 pharmacist with knowledge in pharmacogenomics, representatives of rural and urban
26 healthcare facilities, a licensed addiction counselor, a physician, and representatives
27 of nonregulatory divisions of the state department of health and department of human
28 services.
29 2. The state department of health and human services and the university of North Dakota
30 school of medicine and health sciences shall provide for or arrange for administrative
31 services to assist the panel in performing official duties, including collection and
1 management of case review files, the maintenance of records, data collection and
2 analysis, and the issuance of a state report on drug-related fatalities. The department
3 and the university of North Dakota school of medicine and health sciences are
4 responsible for the confidentiality and security of data on the sharing site on which the
5 documents are stored.
6 SECTION 269. AMENDMENT. Subsection 4 of section 23.1-01-03 of the North Dakota
7 Century Code is amended and reenacted as follows:
8 4. Maintain, in conjunction with the state department of health and human services, a
9 laboratory to carry out the necessary tests and examinations for purposes of this title,
10 and establish a fee schedule for the tests and examinations;
11 SECTION 270. AMENDMENT. Subsection 7 of section 25-01-01 of the North Dakota
12 Century Code is amended and reenacted as follows:
13 7. "Supervising officer" means the executive director of the department of health and
14 human services or the superintendent of public instruction, as the case may be.
15 SECTION 271. AMENDMENT. Section 25-01-01.1 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 25-01-01.1. State council on developmental disabilities.
18 1. There must be maintained in the department of health and human services a state
19 council on developmental disabilities consisting of one:
20 a. One representative of each of the following departments, divisions, institutions,
21 and organizations designated by the head of such agency or organization:
22 1. (1) Office of superintendent of public instruction.
23 2. North Dakota department of human services.
24 3. State department of health.
25 4. Life skills and transition center.
26 5. (2) Job service North Dakota.
27 b. Three representatives of the department of health and human services to include
28 at least:
29 (1) One representative from the life skills and transition center designated by its
30 superintendent; and
31 (2) One representative from the department's health division.
1 2. The council shall, at a minimum, include representation that conforms to federal law
2 requirements regarding state councils on developmental disabilities. All members of
3 the council must be appointed by the governor. The council shall select its own officers
4 who shall serve for a term of two years commencing on October first of each year.
5 Meetings must be held at least twice a year or at the call of the chairman or upon
6 notice in writing signed by not less than three members of the council. A simple
7 majority of the council constitutes a quorum and may act upon any matter coming
8 before the council. Members of the council are entitled to reimbursement in the same
9 manner and at the same rate provided by law for other state officials.
10 3. The council shall assist in the development of the state plan for developmental
11 disabilities, monitor and evaluate the implementation of such state plan, and review
12 and comment on all state plans in the state which relate to programs affecting
13 individuals with developmental disabilities. The council may take any action
14 reasonably necessary to secure and administer any money made available to state
15 councils on developmental disabilities through the Developmentally Disabled and Bill
16 of Rights Act [Pub. L. 95-602; 92 Stat. 2955; 42 U.S.C. 6000 et seq.]. The council, if
17 approved by the governor, shall appoint a full-time director who shall assist the
18 council. The director must be classified under the state personnel merit system. The
19 council shall also perform studies and surveys of the needs of individuals with
20 developmental disabilities in North Dakota and shall facilitate coordination of the
21 activities of all state departments, divisions, agencies, and institutions having
22 responsibilities in the field of developmental disabilities.
23 SECTION 272. AMENDMENT. Subsection 2 of section 25-01.2-01 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 2. "Department" means the department of health and human services.
26 SECTION 273. AMENDMENT. Section 25-01.2-18 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 25-01.2-18. Authority to adopt rules.
29 The director of the state department of health and human services may adopt, in
30 accordance with chapter 28-32, any rules necessary to implement this chapter. The
1 superintendent of public instruction may adopt rules to implement this chapter in schools. The
2 rules adopted may not restrict or limit the rights guaranteed by this chapter.
3 SECTION 274. AMENDMENT. Section 25-02-01 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-02-01. State hospital for the mentally ill - Location - Title - Administration and
6 control.
7 An institution for the care of the mentally ill must be maintained at the city of Jamestown
8 and must be known as the state hospital. The department of health and human services shall
9 administer and control the state hospital.
10 SECTION 275. AMENDMENT. Section 25-02-01.1 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 25-02-01.1. Maintenance of state hospital accreditation - Governing body
13 membership - Rulemaking authority.
14 1. The department of health and human services shall seek appropriations and
15 resources sufficient to ensure maintenance of the state hospital's accreditation by the
16 joint commission and certification by the centers for Medicare and Medicaid services
17 or by similar accrediting and certifying organizations and agencies possessing hospital
18 standards recognized by the health care industry and accepted by the department.
19 2. The department, in consultation with the state hospital, shall create a state hospital
20 governing body and shall by rules describe the powers and duties of the governing
21 body. The department shall compensate members not employed by the department in
22 the amount of one hundred dollars per day and reimburse members for expenses
23 incurred in attending meetings in the amounts provided by sections 44-08-04 and
24 54-06-09.
25 3. The governing body must be composed of the executive director of the department of
26 health and human services; the director of the division of behavioral health of the
27 department, who shall serve as chairman of the governing body; the state hospital
28 superintendent; the state hospital medical director; a representative of the
29 department's fiscal administration division; a behavioral health consumer selected by
30 the mental health association; and a legislator selected by the legislative
1 management. The governing body may include other persons as appointed by the
2 governing body.
3 SECTION 276. AMENDMENT. Section 25-02-03 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-02-03. Object of state hospital.
6 The state hospital is an institution for mental diseases serving specialized populations of the
7 mentally ill, including persons suffering from drug addiction or alcoholism. The state hospital is
8 one component of the North Dakota mental health delivery system and serves as a resource to
9 community-based treatment programs. The state hospital shall, pursuant to rules adopted by
10 the department of health and human services, receive and care for all mentally ill persons,
11 including persons suffering from drug addiction or alcoholism, residing within this state in
12 accordance with this title, and shall furnish to those mentally ill persons all needed food, shelter,
13 treatment, and support that may tend to restore their mental health or to alleviate their illness or
14 suffering.
15 SECTION 277. AMENDMENT. Subsection 5 of section 25-03.1-02 of the North Dakota
16 Century Code is amended and reenacted as follows:
17 5. "Department" means the department of health and human services.
18 SECTION 278. AMENDMENT. Section 25-03.1-34.1 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 25-03.1-34.1. Exchange of individuals with a substance use disorder.
21 The director of the department of health and human services, a county, a city, or a local law
22 enforcement agency may enter into reciprocal agreements with the appropriate authorities of
23 any other state regarding the mutual exchange, return, and transportation of individuals with a
24 mental illness or substance use disorder who are treated or confined in hospitals of one state
25 for treatment of a substance use disorder or mental illness but who have legal residence in
26 another state.
27 SECTION 279. AMENDMENT. Subsection 3 of section 25-03.2-01 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 3. "Department" means the department of health and human services.
30 SECTION 280. AMENDMENT. Subsection 2 of section 25-03.3-01 of the North Dakota
31 Century Code is amended and reenacted as follows:
1 2. "Executive director" means the executive director of the department of health and
2 human services or the executive director's designee.
3 SECTION 281. AMENDMENT. Section 25-03.3-07 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-03.3-07. Appointment of guardian ad litem.
6 At any stage of a proceeding under this chapter, on application of any individual or on its
7 own motion, the court may appoint a guardian ad litem for a minor or an individual with an
8 intellectual disability who is a respondent or witness or otherwise involved in the proceeding, if
9 the minor or an individual with an intellectual disability has no parent, guardian, or custodian
10 appearing on behalf of the minor or the individual with an intellectual disability or the interests of
11 those persons conflict with those of the minor or an individual with an intellectual disability. The
12 department of health and human services shall pay the expense of the guardian ad litem fee as
13 established by the court.
14 SECTION 282. AMENDMENT. Section 25-03.3-08 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 25-03.3-08. Sexually dangerous individual - Procedure on petition - Detention.
17 1. Upon the filing of a petition pursuant to this chapter, the court shall determine whether
18 to issue an order for detention of the respondent named in the petition. The petition
19 may be heard ex parte. The court shall issue an order for detention if there is cause to
20 believe that the respondent is a sexually dangerous individual. If the court issues an
21 order for detention, the order must direct that the respondent be taken into custody
22 and transferred to an appropriate treatment facility or local correctional facility to be
23 held for subsequent hearing pursuant to this chapter. Under this section, the
24 department of health and human services shall pay for any expense incurred in the
25 detention or evaluation of the respondent.
26 2. If the state's attorney knows or believes the respondent named in the petition is an
27 individual with an intellectual disability, the state's attorney shall notify the court in the
28 petition and shall advise the court of the name of the legal guardian of the respondent
29 or, if none is known, the court may appoint a guardian ad litem for the respondent.
30 Before service of the notice required in section 25-03.3-10, the court shall appoint an
31 attorney for the respondent. An individual with an intellectual disability may be
1 detained in a correctional facility before the probable cause hearing only when no
2 other secure facility is accessible, and then only under close supervision.
3 SECTION 283. AMENDMENT. Section 25-03.3-12 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-03.3-12. Sexually dangerous individual - Evaluation.
6 The evaluation must be conducted by one or more experts chosen by the executive
7 director. Whenever a respondent is subject to an evaluation pursuant to this chapter, the
8 respondent may retain an expert to perform an evaluation or testify on the respondent's behalf.
9 When the respondent is an adult with an intellectual disability and a guardian or guardian
10 ad litem has not been appointed for the respondent, the court shall appoint an expert to perform
11 an evaluation on behalf of the respondent. In the case of a respondent who is indigent, the court
12 shall appoint a qualified expert to perform an examination or participate in the commitment
13 proceeding on the respondent's behalf. The department of health and human services shall
14 compensate any qualified expert appointed by the court on behalf of an indigent respondent in a
15 reasonable amount based on time and expenses. An expert retained on behalf of the
16 respondent must have reasonable access to the respondent for the purpose of the examination
17 and to all relevant medical, psychological, and court records and reports.
18 SECTION 284. AMENDMENT. Section 25-03.3-17 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 25-03.3-17. Postcommitment proceeding, discharge, and further disposition.
21 1. A committed individual must remain in the care, custody, and control of the executive
22 director until, in the opinion of the executive director, the individual is safe to be at
23 large.
24 2. Each committed individual must have an examination of that individual's mental
25 condition at least once a year. A report regarding the examination must be provided to
26 the court that committed the individual. At the time of the annual examination, the
27 committed individual has the right to have an expert examine the individual, and, upon
28 the request of an indigent committed individual, the court shall appoint a qualified
29 expert to examine the committed individual and report to the court. The department of
30 health and human services shall compensate a qualified expert appointed by the court
31 in a reasonable amount based on time and expenses. That expert must have
1 reasonable access to the committed individual and to all records relating to the
2 committed individual, including confidential records.
3 3. If a committed individual has been committed to an out-of-state facility by the
4 executive director for purposes of treatment, an expert from that state may be
5 appointed by the court as a qualified expert for an indigent committed individual for
6 any postcommitment proceeding.
7 4. After any report pursuant to this section is provided to the court, the court may order
8 further examination and investigation of the committed individual as the court
9 considers necessary. The court may set the matter for a hearing. At the hearing, the
10 committed individual is entitled to be present and to the benefit of the protections
11 afforded at the commitment proceeding. The state's attorney shall represent the state
12 at the hearing. After the hearing, the court shall determine whether the committed
13 individual is to be discharged or to be retained as a sexually dangerous individual in
14 the care, custody, and control of the executive director.
15 5. The executive director may only discharge a sexually dangerous individual from
16 commitment pursuant to a court order. The executive director may petition the
17 committing court at any time for the discharge of the committed individual. The
18 executive director shall give the state's attorney notice of any petition for discharge the
19 executive director files with the court. Before the petition is granted, the state's
20 attorney has the right to be heard by the court on the petition. The state's attorney may
21 waive this right.
22 6. If the executive director moves a committed individual from a placement in the
23 community to a placement in a secure treatment facility that is more restrictive, the
24 committed individual may challenge the move at a hearing to be held within thirty days
25 after the move in accordance with procedures established by the department of health
26 and human services.
27 SECTION 285. AMENDMENT. Subsection 3 of section 25-03.3-18 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 3. At the hearing on the petition for discharge, the committed individual is entitled to be
30 present and to the benefit of the protections afforded at the commitment proceeding.
31 The state's attorney shall represent the state and may have the committed individual
1 evaluated by experts chosen by the state. The committed individual is entitled to have
2 an expert of the committed individual's choice conduct an evaluation. The court shall
3 appoint a qualified expert if the committed individual is indigent and requests an
4 appointment. The department of health and human services shall compensate a
5 qualified expert appointed by the court in a reasonable amount based on time and
6 expenses. That expert must have reasonable access to the committed individual and
7 to all records relating to the committed individual, including confidential records.
8 SECTION 286. AMENDMENT. Section 25-03.3-21 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 25-03.3-21. Recovery of expense.
11 The department of health and human services, to the extent it has expended sums or
12 provided services pursuant to this title, may seek civil recovery from the property of the
13 respondent or committed individual. The department of health and human services must
14 commence the action within six years after the department paid the sums or provided the
15 services to the respondent or committed individual. After notice and hearing, the court may
16 order an individual to reimburse the department of health and human services for all or part of
17 the expenditures made for that individual pursuant to this chapter. In establishing the amount of
18 reimbursement ordered under this section, the court shall consider the ability of the respondent
19 or committed individual to pay.
20 SECTION 287. AMENDMENT. Section 25-03.3-22 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 25-03.3-22. Rules.
23 The department of health and human services may adopt rules under chapter 28-32 to
24 implement this chapter, but the rules may not restrict or limit the rights guaranteed by this
25 chapter.
26 SECTION 288. AMENDMENT. Section 25-04-01 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 25-04-01. Life skills and transition center - Name - Administration and control.
29 A facility for individuals with developmental disabilities must be maintained at or near the
30 city of Grafton in Walsh County. The facility must also be available for an individual who is
31 determined to be an individual who may benefit from the facility's services. The facility must be
1 known and designated as the life skills and transition center. The department of health and
2 human services has administrative authority and control of the life skills and transition center.
3 SECTION 289. AMENDMENT. Section 25-04-02 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-04-02. Purpose of life skills and transition center.
6 1. The life skills and transition center must be maintained for the relief, instruction, care,
7 and custody of individuals with developmental disabilities or other individuals who may
8 benefit from the services offered at the center. For this purpose the department of
9 health and human services may introduce and establish such trades and manual
10 industries as in its judgment will best prepare the residents for future self-support.
11 2. The department may provide onsite and offsite additional services and effectuate its
12 powers and duties to best serve individuals with developmental disabilities and other
13 individuals who may benefit from those activities. The services provided and the duties
14 effectuated need not be accredited by the accreditation council on services for people
15 with developmental disabilities or certified by the health care financing administration,
16 or any other similar accrediting or certifying organization, if the service or duty is not
17 provided to individuals with developmental disabilities or if such accrediting or
18 certifying organization does not accredit or certify the service or duty.
19 SECTION 290. AMENDMENT. Section 25-04-02.1 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 25-04-02.1. Accreditation of life skills and transition center.
22 The department of health and human services shall request appropriations and resources
23 sufficient to ensure maintenance of the life skills and transition center's accreditation by the
24 accreditation council on services for people with developmental disabilities and certification by
25 the health care financing administration and, if deemed necessary, by similar accrediting and
26 certifying organizations and agencies possessing standards applicable to an individual with a
27 developmental disability and disciplines needed to provide quality services to individuals
28 served.
29 SECTION 291. AMENDMENT. Section 25-04-04 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 25-04-04. Who may receive benefits of life skills and transition center.
2 Subject to this chapter and to any rules adopted by the department of health and human
3 services, the benefits of the life skills and transition center may be received by:
4 1. Individuals with developmental disabilities and other individuals who may benefit from
5 services provided at the life skills and transition center who, in the opinion of the
6 superintendent of the life skills and transition center are of suitable age and capacity to
7 receive instruction in the center and whose deficiencies prevent them from receiving
8 proper training and instruction in the public schools;
9 2. Individuals with developmental disabilities and other individuals who may benefit from
10 services provided at the life skills and transition center who cannot be properly cared
11 for in their homes or other available facilities; or
12 3. Individuals with developmental disabilities and other individuals who may benefit from
13 onsite and offsite services provided or duties effectuated by the life skills and transition
14 center.
15 Residents and nonresidents of this state may receive the benefits of the life skills and transition
16 center. Priority, however, must be given to residents of this state and first priority must be given
17 to individuals with developmental disabilities.
18 SECTION 292. AMENDMENT. Section 25-04-05 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 25-04-05. Qualifications for admission to state facility - Screening required prior to
21 admission or readmission - Educational or related services without charge for persons
22 twenty-one years of age and under.
23 1. The superintendent may admit a person to the life skills and transition center when all
24 of the following conditions have been met:
25 a. Application for admission has been made on behalf of the person by a parent or
26 guardian or the person or agency having legal custody, or by the person seeking
27 admission, in accordance with procedures established by the department of
28 health and human services.
29 b. A comprehensive evaluation of the person has been made within three months of
30 the date of application, a report of which has been filed with the superintendent
31 and which, together with such other information or reviews as the department of
1 appropriate state agencies and political subdivisions of this state. The department of
2 public instruction, the department of health and human services, the school district of
3 residence, and other appropriate state agencies and political subdivisions, as
4 determined by the department of public instruction, shall determine and agree to that
5 portion of related services, other than medical and medically related services, for
6 which each agency and political subdivision is liable. The department of public
7 instruction may adopt rules necessary to implement this section.
8 4. Parents of an individual with a developmental disability, who is twenty-one years of
9 age or under, are not required to file, assist in filing, agree to filing, or assign an
10 insurance claim when filing the claim would pose a realistic threat that the parents
11 would suffer a financial loss not incurred by similarly situated parents of children with
12 disabilities. Financial losses do not include incidental costs such as the time needed to
13 file or assist in filing an insurance claim or the postage needed to mail the claim.
14 Financial losses include:
15 a. A decrease in available lifetime coverage or any other benefit under an insurance
16 policy.
17 b. An increase in premiums or the discontinuation of a policy.
18 c. An out-of-pocket expense such as the payment of a deductible amount incurred
19 in filing a claim unless the life skills and transition center pays or waives the
20 out-of-pocket expense.
21 SECTION 293. AMENDMENT. Subsection 1 of section 25-04-05.1 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 1. The superintendent shall have the right of temporary transfer of any resident of the life
24 skills and transition center to an appropriate hospital or other specialized facility when
25 in the superintendent's opinion the immediate health and safety of the resident
26 requires the transfer. The superintendent shall also have the right and responsibility of
27 indefinite transfer of a resident from one state facility for individuals with
28 developmental disabilities to another when the best interest of the resident will be
29 served thereby, or when the transfer is required in conformity with the policies of the
30 department of health and human services; provided, however, that no transfer may be
1 effected until all reasonable efforts have been made to consult with the resident's
2 parent or guardian of the person.
3 SECTION 294. AMENDMENT. Subsection 3 of section 25-04-08 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 3. The person is admitted on indefinite transfer to a hospital, school, or other facility, or a
6 protective service under the jurisdiction of another state, or another agency or
7 department of this state; provided, however, that if such admission be by contractual
8 arrangement made by the department of health and human services, the person must
9 be placed on nonresident release status, but not discharged.
10 SECTION 295. AMENDMENT. Section 25-04-08.1 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 25-04-08.1. Notification before discharge.
13 Before discharge the superintendent shall consult with the parent or guardian of the person
14 to be discharged, or with the court that ordered the commitment, and shall notify the director of
15 the county social service board or human service zone of the county in which it is proposed that
16 such person will assume residence and also shall notify the executive director of the
17 department of health and human services.
18 SECTION 296. AMENDMENT. Section 25-04-11 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 25-04-11. Disposition of person who is not a legal resident.
21 If a person who has no legal residence in this state is subject to admission to the life skills
22 and transition center or other appropriate state facility, by order of a court of competent
23 jurisdiction, such person must be sent, at the expense of the county or human service zone, to
24 the life skills and transition center in the same manner as a resident of this state who is found to
25 be in need of services offered at the life skills and transition center, and the superintendent of
26 the life skills and transition center shall then arrange for the transportation of such person to the
27 place where the person belongs. The department of health and human services shall ascertain
28 the place where such person belongs when the same conveniently can be done.
29 SECTION 297. AMENDMENT. Section 25-04-14 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 government of this state and its subdivisions in facilitating the proper administration of the
2 compact or any supplementary agreement or agreements entered into by this state thereunder.
3 SECTION 301. AMENDMENT. Section 25-14-02 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 25-14-02. StateDepartment of health officerand human services shall administer
6 compact.
7 The statedepartment of health officer is hereby authorized toand human services may
8 negotiate and enter into contracts on behalf of the state pursuant to article III of the compact
9 and may perform such contracts; provided that no funds, personnel, facilities, equipment,
10 supplies, or materials shall be pledged, committed, or used on account of any such contract
11 unless legally available therefor.
12 SECTION 302. AMENDMENT. Subsection 1 of section 25-16-01 of the North Dakota
13 Century Code is amended and reenacted as follows:
14 1. "Department" means the department of health and human services.
15 SECTION 303. AMENDMENT. Section 25-16-07 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 25-16-07. Records of treatment or care center confidential.
18 Except as otherwise authorized by law, an agent of the department of human services or
19 the superintendent of the life skills and transition center or the licensee or their agents or
20 employees may not disclose the contents of the individual records of a treatment or care center
21 for individuals with a developmental disability, nor of the reports received from those records,
22 except:
23 1. In a judicial proceeding when ordered by the presiding judge;
24 2. To a law enforcement official for a law enforcement purpose or any other legally
25 constituted boards or agencies serving the interests of the residents for treatment,
26 payment, or health care operations, to arrange, facilitate, or coordinate service to any
27 such person;
28 3. To the parents or legal guardians of the resident;
29 4. To a physician to aid in the treatment of an individual within the fourth degree of
30 consanguinity of a deceased resident, if the disclosure is limited to genetic health
1 information that has a direct bearing on the health of the relative, the relative's child, or
2 the relative's decision to have a child; or
3 5. To an individual who is within the fourth degree of consanguinity of a deceased
4 resident, if the disclosure is limited to information about a resident needed to establish
5 a family's genealogy.
6 SECTION 304. AMENDMENT. Section 25-16-12 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 25-16-12. Efforts to obtain private and governmental grants.
9 The department of human services and the duly licensed treatment or care centers for
10 individuals with a developmental disability may exert all possible efforts to obtain grants, both
11 private and governmental, for the care, custody, treatment, training, and education of individuals
12 with a developmental disability.
13 SECTION 305. AMENDMENT. Subsection 1 of section 25-16.1-01 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 1. "Department" means the department of health and human services.
16 SECTION 306. AMENDMENT. Section 25-16.2-01 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 25-16.2-01. Work activity center - Definition.
19 As used in this chapter "work activity center" means a facility, licensed by the department of
20 health and human services, which is located in the state and operated by a nonprofit
21 corporation organized for the primary purpose of employing and providing rehabilitative
22 activities for individuals with physical disabilities, developmental disabilities, or chronic mental
23 illnesses.
24 SECTION 307. AMENDMENT. Section 25-17-00.1 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 25-17-00.1. Definitions.
27 As used in this chapter, unless the context otherwise requires:
28 1. "Confirmatory-diagnostic testing" means testing to prove or disprove the presence of a
29 specific metabolic disease or genetic disease.
30 2. "Confirmatory-diagnostic testing laboratory" means a laboratory performing
31 confirmatory-diagnostic testing.
1 state. This educational program must include information about the nature of the
2 diseases and about screening for the early detection of these diseases so that proper
3 measures may be taken to reduce mortality, morbidity, and associated disabilities.
4 2. Provide, on a statewide basis, a newborn screening program.
5 3. Coordinate with or refer individuals to public and private health care service providers
6 for long-term followup services for metabolic diseases and genetic diseases.
7 4. Select a screening laboratory.
8 5. Store, maintain, and dispose of blood spots used for screening.
9 SECTION 309. AMENDMENT. Section 25-17-02 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 25-17-02. Rulemaking requirement.
12 The state health councildepartment shall adopt rules necessary to implement this chapter.
13 SECTION 310. AMENDMENT. Section 25-17-03 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 25-17-03. Treatment for positive diagnosis - Registry of cases.
16 The state department of health shall:
17 1. Notify responsible clinicians regarding cases with out-of-range screening results or
18 positive confirmatory-diagnostic testing results in order to facilitate access to
19 appropriate treatment. If the responsible clinician is not a licensed clinician, the
20 responsible clinician shall refer the patient to a licensed clinician for appropriate
21 followup care.
22 2. Refer every diagnosed case of a metabolic disease or genetic disease to a licensed
23 clinician for necessary treatment.
24 3. Maintain a registry of cases of metabolic diseases and genetic diseases.
25 4. Provide medical food at no cost to males under age twenty-six and females under age
26 forty-five who are diagnosed with phenylketonuria or maple syrup urine disease,
27 regardless of income. If treatment services under this subsection are provided to an
28 individual by the department, the department may seek reimbursement from any
29 government program that provides coverage to that individual for the treatment
30 services provided by the department.
1 5. Offer for sale at cost medical food to females age forty-five and over and to males age
2 twenty-six and over who are diagnosed with phenylketonuria or maple syrup urine
3 disease, regardless of income. These individuals are responsible for payment to the
4 department for the cost of medical food.
5 6. Provide low-protein modified food products, if medically necessary as determined by a
6 qualified health care provider, to females under age forty-five and males under age
7 twenty-six who are receiving medical assistance and are diagnosed with
8 phenylketonuria or maple syrup urine disease.
9 SECTION 311. AMENDMENT. Section 25-17-06 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 25-17-06. Pulse oximetry screening for critical congenital heart defects - Exception.
12 Before discharge of a newborn child born in a hospital with a birthing center, the newborn
13 child must receive a pulse oximetry screening for critical congenital heart defects. The
14 screening requirement of this section does not apply if the parents or guardians of a newborn
15 child object to the screening. The state department of health shall provide medical staff and
16 facilities that provide birthing services with notice regarding this screening requirement. For
17 purposes of this chapter, pulse oximetry screening is not a test under section 25-17-05 and a
18 congenital heart defect detected by screening under this section is not a metabolic disease or
19 genetic disease as those terms are used under this chapter.
20 SECTION 312. AMENDMENT. Subsection 1 of section 25-18-01 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 1. "Department" means the department of health and human services.
23 SECTION 313. AMENDMENT. Subdivision b of subsection 1 of section 26.1-02-28 of the
24 North Dakota Century Code is amended and reenacted as follows:
25 b. "Department" means the department of health and human services and any
26 designee of the department.
27 SECTION 314. AMENDMENT. Subdivision b of subsection 9 of section 26.1-26.4-02 of the
28 North Dakota Century Code is amended and reenacted as follows:
29 b. An agent acting on behalf of the federal government or the department of health
30 and human services, but only to the extent that the agent is providing services to
31 the federal government or the department of health and human services.
1 copayment greater than twenty percent for the remaining hours. The
2 deductible limitation of this paragraph does not apply to a high-deductible
3 health plan used to establish a health savings account pursuant to and as
4 defined in section 223 of the Internal Revenue Code [26 U.S.C. 223].
5 (5) If the services are provided by a provider outside a preferred provider
6 network without a referral from within the network, the insurance company,
7 nonprofit health service corporation, or health maintenance organization
8 may establish a copayment greater than twenty percent for only those hours
9 after the first five hours in any calendar year.
10 g. "Partial hospitalization" means continuous treatment for at least three hours, but
11 not more than twelve hours, in any twenty-four-hour period and includes the
12 medically necessary treatment services provided by licensed professionals under
13 the supervision of a licensed physician.
14 h. "Residential treatment" has the same meaning as provided in section 25-03.2-01,
15 but only applies to individuals under twenty-one years of age.
16 SECTION 316. AMENDMENT. Subsection 4 of section 26.1-36-09.7 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 4. This section does not require medical benefits coverage for low-protein modified food
19 products or medical food for an individual to the extent those benefits are available to
20 that individual under a state department of health or department ofand human services
21 program.
22 SECTION 317. AMENDMENT. Subdivision b of subsection 1 of section 26.1-36-09.10 of
23 the North Dakota Century Code is amended and reenacted as follows:
24 b. "Prehospital emergency medical services" means a service or its personnel either
25 licensed under chapter 23-27 or certified by the state department of health and
26 human services.
27 SECTION 318. AMENDMENT. Subsection 1 of section 26.1-36-12 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 1. Any provision in any individual or group accident and health insurance policy,
30 employee welfare benefit plan, or nonprofit health service contract issued by any
31 insurance company, group health plan as defined in section 607(1) of the Employee
1 Retirement Income Security Act of 1974 [Pub. L. 99-272; 100 Stat. 281; 29 U.S.C.
2 1167(1)], or nonprofit health service corporation denying or prohibiting the insured,
3 participant, beneficiary, or subscriber from assigning to the department of health and
4 human services any rights to medical benefits coverage to which the insured,
5 participant, beneficiary, or subscriber is entitled under the policy, plan, or contract is
6 void. An individual or group insurance company or nonprofit health service corporation
7 shall recognize the assignment of medical benefits coverage completed by the
8 insured, participant, beneficiary, or subscriber, notwithstanding any provision
9 contained in the policy or contract to the contrary.
10 SECTION 319. AMENDMENT. Subsection 2 of section 26.1-36-12.2 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 2. Notwithstanding the provisions of subsection 1, the department of health and human
13 services may exclude, from participation in the medical assistance program
14 administered under chapter 50-24.1 and title XIX of the Social Security Act
15 [Pub. L. 89-97; 79 Stat. 343; 42 U.S.C. 1396 et seq.], as amended, any provider of
16 pharmacy services who does not agree to comply with state and federal requirements
17 governing the program, or who, after so agreeing, fails to comply with those
18 requirements.
19 SECTION 320. AMENDMENT. Section 26.1-36-30 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 26.1-36-30. Individual or group accident and health insurer or nonprofit health service
22 corporation responsibility - Release of information to department of health and human
23 services.
24 1. Any individual or group accident and health insurer or nonprofit health service
25 corporation, upon request of the department of health and human services, shall
26 provide any information contained in its records pertaining to an individual who is an
27 applicant for or recipient of medical assistance under chapter 50-24.1, and who is
28 covered under an accident and health insurance policy or a health service contract
29 issued by the insurer or nonprofit health service corporation or the medical benefits
30 paid by or claims paid to the insured or subscriber under a policy or contract. The
31 insurer or nonprofit health service corporation shall make the requested records or
1 2. If a parent fails to provide health coverage for any child, enroll the child under family
2 coverage upon application by the child's other parent or by the department of health
3 and human services;
4 SECTION 323. AMENDMENT. Subsection 2 of section 26.1-36.5-04 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 2. Permit the custodial parent, the provider of health care, with the custodial parent's
7 approval, or the department of health and human services, as the custodial parent's
8 assignee, to submit claims for covered services without the approval of the
9 noncustodial parent; and
10 SECTION 324. AMENDMENT. Section 26.1-45-13 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 26.1-45-13. Qualified service providers.
13 Any insurance company providing long-term care coverage for home and community-based
14 services shall pay a provider meeting qualified service provider standards a daily payment
15 allowance as defined in the policy or certificate. "Qualified service provider" means a human
16 service zone or independent contractor that agrees to meet standards for personal attendant
17 care service as established by the department of health and human services.
18 SECTION 325. AMENDMENT. Section 26.1-47-01 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 26.1-47-01. Definitions.
21 As used in this chapter, unless the context indicates otherwise:
22 1. "Air ambulance" means a specially equipped aircraft licensed by the state department
23 of health and human services for transporting patients.
24 2. "Air ambulance provider" means a publicly or privately owned organization that is
25 licensed or applies for licensure by the state department of health and human services
26 to provide transportation and care of patients by air ambulance.
27 3. "Commissioner" means the insurance commissioner of the state of North Dakota.
28 4. "Covered person" means any person on whose behalf the health care insurer is
29 obligated to pay for or provide health care services.
1 5. "Health benefit plan" means the health insurance policy or subscriber agreement
2 between the covered person or the policyholder and the health care insurer which
3 defines the services covered.
4 6. "Health care insurer" includes an insurance company as defined in section 26.1-02-01,
5 a health service corporation as defined in section 26.1-17-01, a health maintenance
6 organization as defined in section 26.1-18.1-01, and a fraternal benefit society as
7 defined in section 26.1-15.1-02.
8 7. "Health care provider" means licensed providers of health care services in this state.
9 8. "Health care services" means services rendered or products sold by a health care
10 provider within the scope of the provider's license. The term includes hospital, medical,
11 surgical, dental, vision, chiropractic, and pharmaceutical services or products.
12 9. "In-network payment" means a full and final payment for air ambulance services
13 pursuant to a network plan.
14 10. "Network" means a group of preferred providers providing services under a network
15 plan.
16 11. "Network plan" means a health benefit plan that requires a covered person to use, or
17 creates incentives, including financial incentives, for a covered person to use health
18 care providers managed by, owned by, under contract with, or employed by the health
19 care insurer.
20 12. "Out-of-network" means a provider that is not providing the service under a network
21 plan.
22 13. "Preferred provider" means a duly licensed health care provider or group of providers
23 who have contracted with the health care insurer, under this chapter, to provide health
24 care services to covered persons under a health benefit plan.
25 14. "Preferred provider arrangement" means a contract between the health care insurer
26 and one or more health care providers which complies with all the requirements of this
27 chapter.
28 Definitions. (Contingent effective date - See note) As used in this chapter, unless the
29 context indicates otherwise:
30 1. "Air ambulance" means a specially equipped aircraft licensed by the state department
31 of health and human services for transporting patients.
1 13. "Network plan" means a health benefit plan that requires a covered person to use, or
2 creates incentives, including financial incentives, for a covered person to use health
3 care providers managed by, owned by, under contract with, or employed by the health
4 care insurer.
5 14. "Out-of-network" means a provider that is not providing the service under a network
6 plan.
7 15. "Preferred provider" means a duly licensed health care provider or group of providers
8 who have contracted with the health care insurer, under this chapter, to provide health
9 care services to covered persons under a health benefit plan.
10 16. "Preferred provider arrangement" means a contract between the health care insurer
11 and one or more health care providers which complies with all the requirements of this
12 chapter.
13 17. "Prior authorization" means confirmation by the covered person's health care insurer
14 that the air ambulance services sought to be provided by the air ambulance provider
15 meet the criteria for coverage under the covered person's health benefit plan as
16 defined by the provisions of the covered person's health benefit plan.
17 SECTION 326. AMENDMENT. Section 26.1-47-10 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 26.1-47-10. Preferred provider arrangements - Requirements for accessing air
20 ambulance providers. (Contingent effective date - See note)
21 1. In addition to the other preferred provider arrangement requirements under this
22 chapter, a preferred provider arrangement must require the health care insurer and
23 health care provider comply with this section.
24 2. Except as otherwise provided under this section, before a health care provider
25 arranges for air ambulance services for an individual the health care provider knows to
26 be a covered person, the health care provider shall request a prior authorization from
27 the covered person's health care insurer for the air ambulance services to be provided
28 to the covered person. If the health care provider is unable to request or obtain prior
29 authorization from the covered person's health care insurer:
1 a. The health care provider shall provide the covered person or the covered
2 person's authorized representative an out-of-network services written disclosure
3 stating the following:
4 (1) Certain air ambulance providers may be called upon to render care to the
5 covered person during the course of treatment;
6 (2) These air ambulance providers might not have contracts with the covered
7 person's health care insurer and are, therefore, considered to be out of
8 network;
9 (3) If these air ambulance providers do not have contracts with the covered
10 person's health care insurer, the air ambulance services will be provided on
11 an out-of-network basis;
12 (4) A description of the range of the charges for the out-of-network air
13 ambulance services for which the covered person may be responsible;
14 (5) A notification the covered person or the covered person's authorized
15 representative may agree to accept and pay the charges for the
16 out-of-network air ambulance services, contact the covered person's health
17 care insurer for additional assistance, or rely on other rights and remedies
18 that may be available under state or federal law; and
19 (6) A statement indicating the covered person or the covered person's
20 authorized representative may obtain a list of air ambulance providers from
21 the covered person's health care insurer which are preferred providers and
22 the covered person or the covered person's representative may request
23 those participating air ambulance providers be accessed by the health care
24 provider.
25 b. Before air ambulance services are accessed for the covered person, the health
26 care provider shall provide the covered person or the covered person's
27 authorized representative the written disclosure, as outlined by subdivision a and
28 obtain the covered person's or the covered person's authorized representative's
29 signature on the disclosure document acknowledging the covered person or the
30 covered person's authorized representative received the disclosure document
31 before the air ambulance services were accessed. If the health care provider is
1 unable to provide the written disclosure or obtain the signature required under
2 this subdivision, the health care provider shall document the reason, which may
3 include the health and safety of the patient. The health care provider
4 documentation satisfies the requirement under this subdivision.
5 3. This section does not:
6 a. Preclude a covered person from agreeing to accept and pay the charges for the
7 out-of-network services and not access the covered person's health care
8 insurer's out-of-network air ambulance billing process described under this
9 section.
10 b. Preclude a covered person from agreeing to accept and pay the bill received
11 from the out-of-network air ambulance provider or from not accessing the air
12 ambulance provider mediation process described under this section.
13 c. Regulate an out-of-network air ambulance provider's ability to charge certain fees
14 for services or to charge any amount of fee for services provided to a covered
15 person by the out-of-network air ambulance provider.
16 4. A health care insurer shall develop a program for payment of out-of-network air
17 ambulance bills submitted under this section. A health benefit plan may not be issued
18 in this state without the terms of the health benefit plan including the provisions of the
19 health care insurer's program for payment of out-of-network air ambulance bills.
20 a. A health care insurer may elect to pay out-of-network air ambulance provider bills
21 as submitted, or the health care insurer may elect to use the out-of-network air
22 ambulance provider mediation process described in subsection 5.
23 b. This section does not preclude a health care insurer and an out-of-network facility
24 air ambulance provider from agreeing to a separate payment arrangement.
25 5. A health care insurer shall establish an air ambulance provider mediation process for
26 payment of out-of-network air ambulance provider bills. A health benefit plan may not
27 be issued in this state if the terms of the health benefit plan do not include the
28 provisions of the health care insurer's air ambulance provider mediation process for
29 payment of out-of-network air ambulance provider bills.
1 4. Subject to section 3 of chapter 225 of the 2011 Session Laws, contract with outside
2 entities as necessary to provide services necessary to implement the exchange; and
3 5. Collaborate with the information technology department as necessary and appropriate
4 in completing the responsibilities set forth in this section.
5 SECTION 328. AMENDMENT. Section 26.1-54-02 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 26.1-54-02. Rules.
8 The commissioner and the department of health and human services may adopt rules
9 necessary or desirable to carry out the provisions of this chapter.
10 SECTION 329. AMENDMENT. Section 26.1-54-03 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 26.1-54-03. Cooperation of state agencies.
13 State agencies shall cooperate with the commissioner and the department of health and
14 human services to ensure the success of the exchange.
15 SECTION 330. AMENDMENT. Section 26.1-54-04 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 26.1-54-04. Records.
18 Notwithstanding any provision of this code making records confidential, the commissioner
19 or the commissioner's designee and the department of health and human services may receive
20 from and provide to federal and state agencies information gathered in the administration of the
21 exchange, including social security numbers, if the disclosure is necessary for the
22 commissioner, the department of health and human services, or the receiving entity to perform
23 its duties and responsibilities.
24 SECTION 331. AMENDMENT. Section 27-20-11 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 27-20-11. Venue.
27 A proceeding under this chapter may be commenced in the county in which the child
28 resides. A proceeding under section 27-20-30.1 must be commenced in the county within the
29 administrative human service zone, as determined by the department of health and human
30 services. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the
31 county in which the acts constituting the alleged delinquent or unruly conduct occurred. If
1 deprivation is alleged, the proceeding may be brought in the county in which the child is present
2 when it is commenced, the county in which the child has resided the majority of the thirty days
3 prior to the date of the alleged deprivation, or the county where the alleged deprivation has
4 occurred. The court shall determine the appropriate venue for a deprivation action based upon
5 the best interests of the child.
6 SECTION 332. AMENDMENT. Subdivision c of subsection 7 of section 27-20-20.1 of the
7 North Dakota Century Code is amended and reenacted as follows:
8 c. "Department" means the department of health and human services or its
9 designee, including any county social service board.
10 SECTION 333. AMENDMENT. Section 27-20-30.1 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 27-20-30.1. Disposition of child needing continued foster care services.
13 1. For purposes of this section, "child" means an individual between the ages of eighteen
14 and twenty-one years who is in need of continued foster care services.
15 2. A petition to commence an action under this section must contain information as
16 required by supreme court rule along with an affidavit either prepared by the
17 administrative human service zone, as determined by the department of health and
18 human services, or prepared by an agency or tribal council of a recognized Indian
19 reservation in North Dakota.
20 3. The court shall issue a summons in accordance with section 27-20-22 upon the filing
21 of a petition and affidavit.
22 4. If a child is in need of continued foster care services as determined by the human
23 service zone and the department of health and human services and as set forth in a
24 continued foster care agreement, the court shall make the following judicial
25 determination:
26 a. That the child is not deprived, delinquent, or unruly but is in need of continued
27 foster care services;
28 b. That the child will remain in or will return to foster care pursuant to the child's
29 continued foster care agreement;
30 c. That the child's continued foster care agreement has been willfully entered
31 between:
1 (1) The human service zone and the department of health and human services
2 or its agent, the child, and the foster care provider; or
3 (2) An agency or tribal council of a recognized Indian reservation in North
4 Dakota if the child is not subject to the jurisdiction of the state of North
5 Dakota, the child, and the foster care provider;
6 d. That it is in the best interest of the child to remain in or return to foster care;
7 e. That reasonable efforts were made in accordance with subsection 7 of section
8 27-20-32.2;
9 f. That the child has attained the age of eighteen or older but does not exceed the
10 age of twenty-one years;
11 g. That the child has satisfied the education, employment, or disability requirements
12 under the Fostering Connections to Success and Increasing Adoptions Act of
13 2008 [Pub. L. 110-351] and as set forth by the department of health and human
14 services;
15 h. That the administrative human service zone, as determined by the department, or
16 that an agency or tribal council of a recognized Indian reservation in North
17 Dakota, shall continue foster care case management, unless otherwise agreed to
18 or required by the department;
19 i. That the administrative human service zone or an agency or tribal council of a
20 recognized Indian reservation in North Dakota must have care and placement
21 responsibility of the child;
22 j. That permanency hearing must be as set forth in section 27-20-36; and
23 k. That there are no grounds to file a petition to terminate parental rights under
24 chapter 27-20.
25 5. Pursuant to rule 16 of the North Dakota Rules of Juvenile Procedure, a court may
26 modify or vacate the judicial determination made under subsection 4.
27 SECTION 334. AMENDMENT. Subsection 7 of section 27-20-45 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 7. At least ten days before the petition is heard, the clerk of district court or juvenile court
30 shall provide a copy of the petition and summons, if any, to the human service zone
31 and the department of health and human services.
1 j. A victim of the delinquent child or the victim's guardian. All records including
2 medical, educational, and school information must be redacted before inspection.
3 For purposes of this subdivision, only records pertaining to the specific offense
4 between the victim and the delinquent child may be inspected.
5 SECTION 336. AMENDMENT. Subsection 2 of section 27-20-54 of the North Dakota
6 Century Code is amended and reenacted as follows:
7 2. Upon the final destruction of a file or record, the proceeding must be treated as if it
8 never occurred. The juvenile court shall notify each agency named in the file or record
9 of the destruction. All index references, except those which may be made by the
10 attorney general and the directors of the department of transportation, the department
11 of health and human services, the department of corrections and rehabilitation, the
12 commission on legal counsel for indigents and its public defender offices, law
13 enforcement agencies, and human service zones, must be deleted. Each agency,
14 except the attorney general and the directors of the department of transportation, the
15 department of health and human services, the department of corrections and
16 rehabilitation, the commission on legal counsel for indigents and its public defender
17 offices, law enforcement agencies, and human service zones, upon notification of the
18 destruction of a file or record, shall destroy all files, records, and references to the
19 child's apprehension, detention, and referral to the juvenile court and any record of
20 disposition made by the juvenile court. The attorney general, the department of health
21 and human services, the department of corrections and rehabilitation, the commission
22 on legal counsel for indigents and its public defender offices, law enforcement
23 agencies, and human service zones may not keep a juvenile file or record longer than
24 is required by the records retention policy of that official, department, or agency. Upon
25 inquiry in any matter the child, the court, and representatives of agencies, except the
26 attorney general and the directors of the department of transportation, the department
27 of health and human services, the department of corrections and rehabilitation, law
28 enforcement agencies, and human service zones, shall properly reply that no record
29 exists with respect to the child.
30 SECTION 337. AMENDMENT. Section 27-21-09 of the North Dakota Century Code is
31 amended and reenacted as follows:
1 27-21-09. Cooperation with other agencies and departments of the state - Right to
2 inspect facilities of state institutions - Right to examine children.
3 The division of juvenile services shall cooperate with and receive the cooperation of the
4 department of health and human services, the department of public instruction, the department
5 of career and technical education, the juvenile courts, the state department of health, and such
6 other agencies and departments of the state as may be necessary to carry out the objectives of
7 this chapter. The division of juvenile services may inspect at all reasonable times the facilities of
8 those institutions within the state it is authorized to utilize under this chapter, and may examine
9 any child it has placed in the care of such institution, and may contract with public and private
10 agencies to provide services for them or to retain from them required services to meet the
11 purpose and objective of this chapter.
12 SECTION 338. AMENDMENT. Subdivision d of subsection 2 of section 27-21-12 of the
13 North Dakota Century Code is amended and reenacted as follows:
14 d. The department of health and human services or a human service zone.
15 SECTION 339. AMENDMENT. Section 28-21-05.2 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 28-21-05.2. Department of health and human services may issue executions for child
18 support arrearages.
19 1. Notwithstanding section 28-21-05, if the judgment debtor is listed on the arrears
20 registry as defined in section 14-09-09.10, or if the judgment debtor meets criteria
21 established by the secretary of the United States department of health and human
22 services that apply when a financial institution is doing business in two or more states,
23 the department of health and human services may issue an execution, against the
24 property of the judgment debtor, to the sheriff of any county in which the property may
25 be found.
26 2. A writ of execution issued by the department of health and human services must be
27 issued as provided in section 28-21-06, except the past-due support need not be
28 docketed and the writ may be issued in a form prescribed by the department of health
29 and human services. A writ issued under this section must be accompanied by a copy
30 of the payment records maintained under section 50-09-02.1 which has been certified
31 under section 14-08.1-08.
1 3. A writ issued by the department of health and human services is returnable to the
2 department.
3 SECTION 340. AMENDMENT. Section 30-16-04 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 30-16-04. Descent and distribution of real property subject to homestead estate.
6 The real property subjected to the homestead estate descends, subject to the full
7 satisfaction of that estate, exempt from decedent's debts except claims in favor of the county for
8 county general assistance, the department of health and human services for general
9 assistance, and also for claims of the state of North Dakota for repayment of old-age assistance
10 and aid to the permanently and totally disabled and as otherwise provided in section 47-18-04,
11 and must be distributed in the manner in which real property not subjected to a homestead
12 estate is distributed or as directed in the decedent's will. The real property constituting the
13 homestead of a decedent, or any part thereof, may not descend or be distributed to any person
14 other than the surviving spouse and decedent's heirs in the direct descending line as prescribed
15 in title 30.1 until all the decedent's debts are fully paid.
16 SECTION 341. AMENDMENT. Section 32-03-48 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 32-03-48. Definitions.
19 As used in sections 32-03-48 through 32-03-50, unless the context otherwise requires:
20 1. "Critical incident" means any event encountered by emergency service personnel
21 within the scope of their employment which causes them to experience unusually
22 strong emotional reactions that have the potential to interfere with their ability to
23 perform their jobs or that may interfere with their personal lives.
24 2. "Critical incident stress debriefing" means the process of resolving the effects of
25 critical incidents on emergency service personnel through a structured meeting with
26 both psychological and educational components according to the model approved by
27 the state department of health and human services.
28 3. "Critical incident stress management team" means those volunteers who are
29 recognized by the state department of health and human services as members of an
30 organized group that provides critical incident stress debriefing services on behalf of
31 the state.
1 office, city police department, or other peace officer may provide assistance in any
2 action to seize, impound, confiscate, or quarantine any animal suspected of being held
3 or possessed in violation of this title.
4 SECTION 346. AMENDMENT. Section 37-17.4-01 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 37-17.4-01. Definitions.
7 In this chapter, unless the context otherwise requires:
8 1. "Disaster relief organization" means an entity that provides emergency or disaster
9 relief services that include health or veterinary services provided by volunteer health
10 practitioners and which:
11 a. Is designated or recognized as a provider of those services pursuant to a disaster
12 response and recovery plan adopted by an agency of the federal government,
13 the state department of health and human services, or the state board of animal
14 health; or
15 b. Regularly plans and conducts its activities in coordination with an agency of the
16 federal government, the state department of health and human services, or the
17 state board of animal health.
18 2. "Emergency" means an event or condition that is a disaster or an emergency as
19 defined under chapter 37-17.1 and any event, condition, or incident for which the
20 deployment of volunteer health practitioners is determined to be necessary by the
21 state health officer, a local board of health, or the state veterinarian.
22 3. "Emergency declaration" means a declaration or proclamation of disaster or
23 emergency issued by the governor.
24 4. "Emergency management assistance compact" means the interstate compact
25 approved by Congress by Public Law No. 104-321 [110 Stat. 3877].
26 5. "Entity" means a person other than an individual.
27 6. "Health facility" means an entity licensed under the laws of this or another state to
28 provide health or veterinary services.
29 7. "Health practitioner" means an individual licensed under the laws of this or another
30 state to provide health or veterinary services and any other individual performing
31 nonmedical support disaster or emergency responsibilities or duties at any place in
1 this state subject to the order or control of, or pursuant to a request of, the state
2 department of health and human services or a local public health unit and deployed
3 through the emergency system for advance registration of volunteer health
4 professionals.
5 8. "Health services" means the provision of treatment, care, advice or guidance, or other
6 services, or supplies related to the health or death of individuals or human
7 populations, to the extent necessary to respond to an emergency, including:
8 a. The following, concerning the physical or mental condition or functional status of
9 an individual or affecting the structure or function of the body:
10 (1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative
11 care; and
12 (2) Counseling, assessment, procedures, or other services;
13 b. Sale or dispensing of a drug, a device, equipment, or another item to an
14 individual in accordance with a prescription; and
15 c. Funeral, cremation, cemetery, or other mortuary services.
16 9. "Host entity" means an entity operating in this state which uses volunteer health
17 practitioners to respond to an emergency.
18 10. "License" means authorization by a state to engage in health or veterinary services
19 that are unlawful without the authorization. The term includes authorization under the
20 laws of this state to an individual to provide health or veterinary services based upon a
21 national certification issued by a public or private entity.
22 11. "Scope of practice" means the extent of the authorization to provide health or
23 veterinary services granted to a health practitioner by a license issued to the
24 practitioner in the state in which the principal part of the practitioner's services are
25 rendered, including any conditions imposed by the licensing authority.
26 12. "Veterinary services" means the provision of treatment, care, advice or guidance, or
27 other services, or supplies related to the health or death of an animal or animal
28 populations, to the extent necessary to respond to an emergency, including:
29 a. Diagnosing, treating, or preventing an animal disease, injury, or other physical or
30 mental condition by prescribing, administering, or dispensing vaccine, medicine,
31 surgery, or therapy;
1 chapter and make the emergency response systems in the various states reasonably
2 compatible.
3 SECTION 351. AMENDMENT. Section 39-01-01 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 39-01-01. Definitions.
6 In this title, unless the context or subject matter otherwise requires:
7 1. "Appropriate licensed addiction treatment program" means an addiction treatment
8 program conducted by an addiction facility licensed by the department of health and
9 human services or conducted by a licensed individual specifically trained in addiction
10 treatment.
11 2. "Authorized emergency vehicles":
12 a. "Class A" authorized emergency vehicles means:
13 (1) Vehicles of a governmentally owned fire department.
14 (2) Vehicles when operated by or under the control of a police officer having
15 authority to enforce the provisions of this title or by a salaried employee of a
16 municipal police department within the municipality or by a sheriff or deputy
17 sheriff not including special deputy sheriffs, or by the director of the
18 department of corrections and rehabilitation and the director's authorized
19 agents who have successfully completed training in the operation of class A
20 authorized emergency vehicles.
21 (3) Vehicles clearly identifiable as property of the department of corrections and
22 rehabilitation when operated or under the control of the director of the
23 department of corrections and rehabilitation.
24 (4) Ambulances and other vehicles authorized by licensure granted under
25 chapter 23-27.
26 (5) Vehicles operated by or under the control of the director, district deputy
27 director, or a district deputy game warden of the game and fish department.
28 (6) Vehicles owned or leased by the United States and used for law
29 enforcement purposes.
30 (7) Vehicles designated for the use of the adjutant general or assistant adjutant
31 general in cases of emergency.
1 (8) Vehicles operated by or under the control of the director of the parks and
2 recreation department.
3 (9) Vehicles operated by or under the control of a licensed railroad police officer
4 and used for law enforcement purposes.
5 (10) Vehicles operated by or under the control of the state forester.
6 (11) Vehicles operated by or under the control of the bureau of criminal
7 investigation and used for law enforcement purposes.
8 (12) Vehicles operated by or under the state department of health and human
9 services in cases of emergencies.
10 b. "Class B" authorized emergency vehicles means wreckers and such other
11 emergency vehicles as are authorized by the local authorities.
12 c. "Class C" authorized emergency vehicles means:
13 (1) Vehicles used by the state division of homeland security or local division of
14 emergency management organizations.
15 (2) Vehicles used by volunteer firefighters while performing their assigned
16 disaster and emergency responsibilities.
17 (3) Vehicles, other than ambulances, used by emergency medical services
18 personnel.
19 3. "Bicycle" means every device propelled solely by human power upon which any
20 person may ride, having two tandem wheels either of which is more than twenty
21 inches [50.8 centimeters] in diameter.
22 4. "Bus" means every motor vehicle designed for carrying more than ten passengers and
23 used for the transportation of persons, and every motor vehicle, other than a taxicab,
24 designed and used for the transportation of persons for compensation. Provided,
25 every motor vehicle designed for carrying not more than fifteen persons and used for a
26 ridesharing arrangement, as defined in section 8-02-07, is not a "bus".
27 5. "Business district" means the territory contiguous to a highway when fifty percent or
28 more of the frontage thereon for a distance of three hundred feet [91.44 meters] or
29 more is occupied by buildings in use for business.
30 6. "Camping trailer" means a vehicular portable unit mounted on wheels and constructed
31 with collapsible partial side walls that fold for towing by another vehicle and unfold at
1 the campsite to provide temporary living quarters for recreational, camping, or travel
2 use.
3 7. "Cancellation" means a license is annulled and terminated because of an error or
4 defect or because the licensee is no longer entitled to the operator's license, but the
5 cancellation of a license is without prejudice and application for a new license may be
6 made at any time after the cancellation.
7 8. "Child restraint system" means a specifically designed device, built-in seating system,
8 or belt-positioning booster that meets the federal motor vehicle safety standards and is
9 permanently affixed to a motor vehicle, is affixed to the vehicle by a safety belt or
10 universal attachment system, or is combined with a federally compliant safety belt
11 system.
12 9. "Commercial freighting" means the carriage of things other than passengers, for hire,
13 except that such term does not include:
14 a. The carriage of things other than passengers within the limits of the same city;
15 b. Carriage by local dray lines of baggage or goods to or from a railroad station from
16 or to places in such city or in the immediate vicinity thereof, in this state, and not
17 to exceed two miles [3.22 kilometers] from the corporate or recognized limits of
18 said city; or
19 c. Hauling done by farmers for their neighbors in transporting agricultural products
20 to or from market.
21 10. "Commercial passenger transportation" means the carriage of passengers for hire,
22 except that the term does not include:
23 a. The carriage of passengers within the limits of a city.
24 b. The carriage by local buslines of passengers to or from a railroad station from or
25 to places within any city or within two miles [3.22 kilometers] of the limits of the
26 city.
27 c. The carriage of passengers under a ridesharing arrangement, as defined in
28 section 8-02-07.
29 11. "Commissioner" means the director of the department of transportation of this state,
30 acting directly or through authorized agents as provided by section 24-02-01.3.
1 25. "Flammable liquid" means any liquid which has a flash point of seventy degrees
2 Fahrenheit [21.11 degrees Celsius], or less, as determined by a tagliabue or
3 equivalent closed-cup test device.
4 26. "Foreign vehicle" means every motor vehicle which is brought into this state other than
5 in the ordinary course of business by or through a manufacturer or dealer and which
6 has not been registered in this state.
7 27. "Gross weight" means the weight of a vehicle without load plus the weight of any load
8 thereon.
9 28. "Guest" means and includes a person who accepts a ride in any vehicle without giving
10 compensation therefor.
11 29. "Highway" means the entire width between the boundary lines of every way publicly
12 maintained when any part thereof is open to the use of the public for purposes of
13 vehicular travel and of every way privately maintained within a mobile home park,
14 trailer park, or campground containing five or more lots for occupancy by mobile
15 homes, travel trailers, or tents when any part thereof is open for purposes of vehicular
16 travel.
17 30. "House car" or "motor home" means a motor vehicle which has been reconstructed or
18 manufactured primarily for private use as a temporary or recreational dwelling and
19 having at least four of the following permanently installed systems:
20 a. Cooking facilities.
21 b. Icebox or mechanical refrigerator.
22 c. Potable water supply including plumbing and a sink with faucet either
23 self-contained or with connections for an external source, or both.
24 d. Self-contained toilet or a toilet connected to a plumbing system with connection
25 for external water disposal, or both.
26 e. Heating or air-conditioning system, or both, separate from the vehicle engine or
27 the vehicle engine electrical system.
28 f. A 110-115 volt alternating current electrical system separate from the vehicle
29 engine electrical system either with its own power supply or with a connection for
30 an external source, or both, or a liquefied petroleum system and supply.
1 31. "Implement of husbandry" means every vehicle designed and adapted exclusively for
2 agricultural, horticultural, or livestock raising operations or for lifting or carrying an
3 implement of husbandry and in either case not subject to registration if used upon the
4 highway.
5 32. "Intersection" means the area embraced within the prolongation or connection of the
6 lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two
7 highways which join one another at, or approximately at, right angles, or the area
8 within which vehicles traveling upon different highways joining at any other angle may
9 come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or
10 more apart, then every crossing of each roadway of such divided highway by an
11 intersecting highway must be regarded as a separate intersection. In the event such
12 intersecting highway also includes two roadways thirty feet [9.14 meters] or more
13 apart, then every crossing of two roadways of such highways must be regarded as a
14 separate intersection.
15 33. "Intoxicating liquor" means and includes any beverage containing alcohol.
16 34. "Judgment" means any judgment which has become final by expiration without appeal
17 of the time within which an appeal might have been perfected, or by final affirmation
18 on appeal, rendered by a court of competent jurisdiction of any state of the United
19 States, upon a claim for relief arising out of ownership, maintenance, or use of any
20 motor vehicle, for damages, including damages for care and loss of services, because
21 of bodily injury to or death of any person, or for damages because of injury to or
22 destruction of property, including the loss of use thereof, or upon a claim for relief on
23 an agreement of settlement for such damages.
24 35. "Legal owner" means a person who holds the legal title to a vehicle.
25 36. "Licensed health care provider" means doctor of medicine, doctor of osteopathy,
26 doctor of chiropractic, optometrist, psychologist, advanced practice registered nurse,
27 or physician assistant who is licensed, certified, or registered in accordance with laws
28 and regulations in this or another state.
29 37. "Lienholder" means a person holding a security interest in a vehicle.
1 38. "Local authorities" includes every county, municipal, and other local board or body
2 having authority to adopt local police regulations under the constitution and laws of
3 this state.
4 39. "Mail" means to deposit mail properly addressed and with postage prepaid with the
5 United States postal service.
6 40. "Manifest injustice" means a specific finding by the court that the imposition of
7 sentence is unreasonably harsh or shocking to the conscience of a reasonable
8 person, with due consideration of the totality of circumstances.
9 41. "Manufactured home" means a structure, transportable in one or more sections, that,
10 in the traveling mode, is eight body feet [2.44 meters] or more in width or forty body
11 feet [12.19 meters] or more in length, or, when erected onsite, is three hundred twenty
12 square feet [29.73 square meters] or more, and which is built on a permanent chassis
13 and designed to be used as a dwelling with or without a permanent foundation when
14 connected to the required utilities, and includes the plumbing, heating, air-conditioning,
15 and electrical systems contained therein. The term includes any structure that meets
16 all of the requirements of this subsection except the size requirements and with
17 respect to whether the manufacturer voluntarily files a certification required by the
18 United States secretary of housing and urban development and complies with the
19 standards established under title 42 of the United States Code.
20 42. "Manufacturer" means any person who manufactures, assembles, or imports and sells
21 new motor vehicles to new motor vehicle dealers for resale in the state; but such term
22 does not include a person who assembles or specially builds interior equipment on a
23 completed vehicle supplied by another manufacturer, distributor, or supplier.
24 43. "Metal tires" includes all tires the surface of which in contact with the highway is wholly
25 or partly of metal or other hard, nonresilient material except that this provision does
26 not apply to pneumatic tires.
27 44. "Mobile home" means a structure, either single or multisectional, which is built on a
28 permanent chassis, ordinarily designed for human living quarters, either on a
29 temporary or permanent basis, owned or used as a residence or place of business of
30 the owner or occupant, which is either attached to utility services or is twenty-seven
31 feet [8.23 meters] or more in length.
1 45. "Modular unit" includes every factory fabricated transportable building unit designed to
2 be incorporated with similar units at a building site into a modular structure to be used
3 for residential, commercial, educational, or industrial purposes.
4 46. "Motor vehicle" includes every vehicle that is self-propelled, every vehicle that is
5 propelled by electric power obtained from overhead trolley wires, but not operated
6 upon rails, and, for purposes of motor vehicle registration, title registration, and
7 operator's licenses, motorized bicycles. The term does not include a snowmobile as
8 defined in section 39-24-01.
9 47. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the
10 rider and designed to travel on not more than three wheels in contact with the ground,
11 but excluding implements of husbandry.
12 48. "Motorized bicycle" means a vehicle equipped with two or three wheels, foot pedals to
13 permit muscular propulsion or footrests for use by the operator, a power source
14 providing up to a maximum of two brake horsepower having a maximum piston or
15 rotor displacement of 3.05 cubic inches [49.98 milliliters] if a combustion engine is
16 used, which will propel the vehicle, unassisted, at a speed not to exceed thirty miles
17 [48.28 kilometers] per hour on a level road surface, and a power drive system that
18 functions directly or automatically only, not requiring clutching or shifting by the
19 operator after the drive system is engaged, and the vehicle may not have a width
20 greater than thirty-two inches [81.28 centimeters].
21 49. "Motor-powered recreational vehicle" means a motorcycle, unconventional vehicle, or
22 off-highway vehicle as defined in section 39-29-01, or a snowmobile as defined in
23 section 39-24-01.
24 50. "Nonresident" means any person who is not a resident of this state.
25 51. "Nonresident's operating privilege" means the privilege conferred upon a nonresident
26 by the laws of this state pertaining to the operation by such person of a motor vehicle,
27 or the use of a vehicle owned by such person, in this state.
28 52. "Official traffic-control devices" means all signs, signals, markings, and devices not
29 inconsistent with this title placed or erected by authority of a public body or official
30 having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
1 53. "Operator" means every person who drives or is in actual physical control of a motor
2 vehicle upon a highway or who is exercising control over or steering a vehicle being
3 towed by a motor vehicle.
4 54. "Operator's license", "driver's license", or "license to operate a motor vehicle" means
5 any operator's or driver's license or any other license or permit to operate a motor
6 vehicle issued under, or granted by, the laws of this state, including:
7 a. Any temporary license or instruction permit;
8 b. The privilege of any person to drive a motor vehicle whether such person holds a
9 valid license; or
10 c. Any nonresident's operating privilege as defined in this section.
11 55. "Owner" means a person, other than a lienholder, having the property in or title to a
12 vehicle. The term includes a person entitled to the use and possession of a vehicle
13 subject to a security interest in another person, but excludes a lessee under a lease
14 not intended as security.
15 56. "Park", when prohibited, means the standing of a vehicle, whether occupied or not,
16 otherwise than temporarily for the purpose of and while actually engaged in loading or
17 unloading.
18 57. "Passenger motor vehicle" means every motor vehicle designed principally for the
19 transportation of persons and includes vehicles which utilize a truck chassis, but have
20 a seating capacity for four or more passengers.
21 58. "Pedestrian" means any person afoot.
22 59. "Person" includes every natural person, firm, copartnership, association, corporation,
23 or limited liability company.
24 60. "Pneumatic tires" includes all tires inflated with compressed air.
25 61. "Pole trailer" means every vehicle without motive power designed to be drawn by
26 another vehicle and attached to the towing vehicle by means of a reach, or pole, or by
27 being boomed or otherwise secured to the towing vehicle, and ordinarily used for
28 transporting long or irregularly shaped loads such as poles, pipes, or structural
29 members capable, generally, of sustaining themselves as beams between the
30 supporting connections.
1 62. "Police officer" means every officer authorized to direct or regulate traffic or to make
2 arrests for violations of traffic regulations.
3 63. "Primary source identity document" means documentary evidence of an individual's
4 name, date of birth, and legal presence required in chapters 39-06 and 39-06.2 related
5 to the issuance of permits, licenses, and nondriver photo identification cards, and
6 retained in the driver record.
7 64. "Private road or driveway" means every way or place in private ownership and used
8 for vehicular travel by the owner and those having express or implied permission from
9 the owner, but not by other persons.
10 65. "Proof of financial responsibility" means proof of ability to respond in damages for
11 liability, on account of accidents occurring after the effective date of the proof, arising
12 out of the ownership, maintenance, or use of a motor vehicle, in the amount of
13 twenty-five thousand dollars because of bodily injury to or death of one person in any
14 one accident, and, subject to the limit for one person, in the amount of fifty thousand
15 dollars because of bodily injury to or death of two or more persons in any one
16 accident, and in the amount of twenty-five thousand dollars because of injury to or
17 destruction of property of others in any one accident.
18 66. "Railroad" means a carrier of persons or property upon cars, other than streetcars,
19 operated upon stationary rails.
20 67. "Railroad sign or signal" means any sign, signal, or device erected by authority of a
21 public body or official or by a railroad and intended to give notice of the presence of
22 railroad tracks or the approach of a railroad train.
23 68. "Reconstructed vehicle" means any vehicle, of a type required to be registered,
24 materially altered from its original construction by the removal, addition, or substitution
25 of new or used essential parts.
26 69. "Recreational vehicle" means any motorcycle not qualified for registration, off-highway
27 vehicle, snowmobile, vessel, or personal watercraft.
28 70. "Residence district" means territory contiguous to a highway not comprising a
29 business district, when the frontage on such highway for a distance of three hundred
30 feet [91.44 meters] or more is occupied mainly by dwellings, or by dwellings and
31 buildings in use for business.
1 71. "Revocation" means that the operator's license is terminated and may not be renewed
2 or restored, except on application for a new license presented to and acted upon by
3 the director after the expiration of the period of revocation.
4 72. "Right of way" means the privilege of the immediate use of a roadway.
5 73. "Road tractor" means every motor vehicle designed and used for drawing other
6 vehicles and not so constructed as to carry any load thereon either independently or
7 any part of the weight of a vehicle or load so drawn.
8 74. "Roadway" means that portion of a highway improved, designed, or ordinarily used for
9 vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two
10 or more separate roadways, the term "roadway" as used herein refers to any such
11 roadway separately but not to all such roadways collectively.
12 75. "Saddle mount" means placing the front wheels of the drawn vehicle upon the bed of
13 the drawing vehicle.
14 76. "Safety zone" means the area or space officially set aside within a highway for the
15 exclusive use of pedestrians and which is so plainly marked or indicated by proper
16 signs as to be plainly visible at all times while set aside as a safety zone.
17 77. "Salvage certificate of title" means a document issued by the department for purposes
18 of proof of ownership of a salvage or destroyed vehicle and not acceptable for motor
19 vehicle registration purposes.
20 78. "Schoolbus" means a commercial motor vehicle used to transport preprimary, primary,
21 or secondary school students from home to school, from school to home, or to and
22 from school-related events. For the purposes of chapter 39-21, "schoolbus" means
23 any motor vehicle that is owned or leased by a public or governmental agency and
24 used to transport primary or secondary school students to or from school or to or from
25 school-related events, or is privately owned and operated for compensation to
26 transport primary or secondary school students to or from school or to or from
27 school-related events. Schoolbus does not include a bus used as a common carrier.
28 79. "Semitrailer" includes every vehicle of the trailer type so designed and used in
29 conjunction with a truck or truck tractor that some part of its own weight and that of its
30 own load rests upon or is carried by a truck or truck tractor, except that it does not
31 include a "housetrailer" or "mobile home".
1 80. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of
2 a roadway, and the adjacent property lines, intended for use of pedestrians.
3 81. "Solid tire" includes every tire made of rubber or other resilient material other than a
4 pneumatic tire.
5 82. "Special mobile equipment" means every vehicle not designed or used primarily for
6 the transportation of persons or property and only incidentally operated or moved over
7 a highway.
8 83. "Specially constructed vehicle" means any vehicle which was not constructed
9 originally under the distinct name, make, model, or type by a generally recognized
10 manufacturer of vehicles.
11 84. "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
12 otherwise than temporarily for the purpose of and while actually engaged in receiving
13 or discharging passengers.
14 85. "State" means a state, territory, or possession of the United States, the District of
15 Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of
16 Canada.
17 86. "Stop", when required, means complete cessation from movement.
18 87. "Stop" or "stopping", when prohibited, means any halting, even momentarily, of a
19 vehicle, whether occupied or not, except when necessary to avoid conflict with other
20 traffic or in compliance with the directions of a police officer or traffic-control sign or
21 signal.
22 88. "Street" means the entire width between boundary lines of every way publicly
23 maintained when any part thereof is open to the use of the public for purposes of
24 vehicular travel.
25 89. "Superintendent" means the superintendent of the North Dakota state highway patrol,
26 acting directly or through authorized employees of the superintendent.
27 90. "Suspension" means that the operator's license is temporarily withdrawn but only
28 during the period of the suspension.
29 91. "Through highway" means every highway or portion thereof on which vehicular traffic
30 is given preferential right of way, and at the entrances to which vehicular traffic from
31 intersecting highways is required by law to yield right of way to vehicles on such
1 through highway and in obedience to either a stop sign or yield sign, when such signs
2 are erected by law.
3 92. "Trackless trolley coach" means every motor vehicle which is propelled by electric
4 power obtained from overhead trolley wires but not operated upon rails.
5 93. "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other
6 conveyances either singly or together while using any highway for purposes of travel.
7 94. "Traffic-control signal" means any device, whether manually, electrically, or
8 mechanically operated, by which traffic is alternately directed to stop and to proceed.
9 95. "Trailer" includes every vehicle without motive power designed to carry property or
10 passengers wholly on its own structure and to be drawn by a motor vehicle, except
11 that it does not include a "housetrailer" or "mobile home", which terms mean a vehicle
12 as defined in this subsection which is designed and intended for use as living or
13 sleeping quarters for people and which is not used for commercial hauling of
14 passengers.
15 96. "Travel trailer" means a vehicular unit mounted on wheels, designed to provide
16 temporary living quarters for recreational, camping, or travel use, and of such size or
17 weight as not to require a special highway movement permit when towed by a
18 motorized vehicle.
19 97. "Truck" includes every motor vehicle designed, used, or maintained primarily for
20 transportation of property.
21 98. "Truck camper" means a portable unit that is constructed to provide temporary living
22 quarters for recreational, camping, or travel use; consists of a roof, floor, and sides;
23 and is designed to be loaded onto and unloaded from the bed of a pickup truck.
24 99. "Truck tractor" includes every motor vehicle designed and used primarily for drawing
25 other vehicles and not so constructed as to carry a load other than a part of the weight
26 of the vehicle and load so drawn.
27 100. "Urban district" means the territory contiguous to and including any street which is built
28 up with structures devoted to business, industry, or dwelling houses situated at
29 intervals of less than one hundred feet [30.48 meters] for a distance of a quarter of a
30 mile [402.34 meters] or more.
1 101. "Used vehicle" means a motor vehicle which has been sold, bargained, exchanged,
2 given away, or the title to which has been transferred to another, by the person who
3 first acquired it from the manufacturer or importer, dealer, or agent of the manufacturer
4 or importer.
5 102. "Vehicle" includes every device in, upon, or by which any person or property may be
6 transported or drawn upon a public highway, except devices moved by human power
7 or used exclusively upon stationary rails or tracks.
8 SECTION 352. AMENDMENT. Subsection 5 of section 39-01-15 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 5. Except as provided in this subsection, two dollars of each fee for issuance of a
11 certificate and one dollar of each fee for issuance of an additional certificate under this
12 section must be deposited in the state highway department fund for purposes of
13 defraying the cost of issuing the certificate. The rest of the fee, and the five dollar fee
14 received for the issuance of an additional certificate under subsection 4, must be
15 deposited in the state treasury and credited to the state rehabilitation council fund. The
16 fees deposited in the fund are hereby appropriated on a continuing basis to the
17 department of health and human services for use by the state rehabilitation council to
18 accomplish the council's statutory duties provided under section 50-06.1-16. If a
19 certificate is lost, mutilated, or destroyed, the individual to whom the certificate was
20 issued is entitled to a replacement. The individual shall furnish proof satisfactory to the
21 director that the certificate has been lost, mutilated, or destroyed, and shall pay a
22 replacement fee of three dollars.
23 SECTION 353. AMENDMENT. Section 39-01-19 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 39-01-19. Permits for vending machines at rest areas.
26 A vending machine that allows access to a tobacco product may not be placed or remain
27 upon a rest area, and any other vending machine may not be placed or remain upon a rest area
28 under the supervision of the director without a permit from the director. The director shall charge
29 a fee for the issuance of a vending machine permit. The amount of the permit fee must relate to
30 the department's actual cost of administration, annual review, and enforcement of the permit
31 process, but may not exceed twenty-five dollars annually. The permit process may not be
1 affected by the content of a publication. The director shall require permittees to comply with
2 appropriate indemnification, insurance, and other risk management provisions of the permit.
3 Vending machines must be secured in a manner that prevents tipping and moving, deters theft,
4 and leaves state property undamaged. Plexiglass, safety glass, or other shatter-resistant
5 materials must be employed in windows or displays. All vending machines must be sufficiently
6 enclosed to prevent the distributed product from inadvertently being removed or blown from the
7 machine or weathered by the elements. Stolen or damaged vending machines do not result in
8 liability to the department and must be repaired, restored, or replaced within thirty calendar
9 days. All cashboxes and accesses to cashboxes must be metal and securely locked in place. All
10 vending machines must be placed in a well-lighted area visible from the rest area roadway. All
11 vending machines must be placed on a route allowing parallel access by motorized or standard
12 wheelchairs, with at least sixty-six inches [1676.400 millimeters] of clear width. A vending
13 machine may not have a component or function used by the public which requires more than
14 five pounds [2.268 kilograms] of force to be applied. The height of controls, doors, or access
15 points necessary for use by the public may not exceed sixty inches [1524 millimeters]. The
16 director may determine the maximum number of vending machine placements at a given rest
17 area. Priority must be given to vending machines placed pursuant to the Randolph Sheppard
18 Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], as administered by the vocational
19 rehabilitation division of the department of health and human services under section 50-06.1-13.
20 When, after allowing for the placement of vending machines pursuant to the Randolph
21 Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], the director determines that the
22 number of permit applications for a particular rest area would exceed the remaining available
23 space or would prevent compliance with this section or other law, the director shall grant
24 permits by means of a lottery, with permits allocated pro rata according to the number of
25 applications for each type. The permittee is solely responsible to ensure that any trash,
26 wrapping, boxes, or debris, generated when stocking or servicing vending machines is not left
27 on or at the rest area. The permittee is solely responsible for all installation, maintenance,
28 replacement, inspection, access area cleaning, and stocking of vending machines. Vandalism
29 and graffiti on vending machines must be repaired or removed within fourteen days of written
30 notice by the director. The permittee must inspect and stock vending machines as needed, but
31 at least monthly, to provide adequate service to the public. Vending machines removed for
1 repair or for other reasons must be restored or replaced by the permittee within thirty days.
2 Vending machines in violation of this section or any other applicable law may be removed by
3 the director fourteen days after notice of violation is provided and without liability to the director.
4 Vending machines judged by the director to pose a risk to safety may be removed immediately
5 without liability to the director and without prior notice to the permittee. The director shall retain
6 any removed vending machines for thirty days to allow retrieval by the permittee, after
7 compensation to the director for removal costs. The director may dispose of or sell machines
8 not retrieved within thirty days of removal, but removal costs must be satisfied only to the extent
9 of proceeds received by the director. The director has a cause of action to recover any
10 deficiency, attorney's fees, and litigation expenses. The director, upon the determination that a
11 rest area must be closed for a period of greater than thirty days, may order the permittee, at the
12 permittee's expense, to remove all vending machines in a manner that does not damage state
13 property, or remove all product and money and place upon the vending machine a prominent
14 notice that all product and money have been removed. Should the director determine that
15 removal of vending machines is necessary to conduct repairs, construction, surveys, or other
16 duties of the department, the permittee, at the permittee's expense, shall remove all vending
17 machines in a manner that does not damage state property, upon fourteen days' notice. The
18 current address and telephone number where customer service or business is conducted by the
19 permittee must be legibly and prominently posted upon the vending machine. The director shall
20 cancel the permit should the permittee remove vending machines, except as provided in this
21 section. The cost of any removal must be borne by the permittee. The permittee, at the
22 permittee's own expense, must restore the site the machine formerly occupied to the
23 satisfaction of the director. For purposes of this section, "vending machine" means any device
24 that allows access to a newspaper, magazine, beverage, concession, or other item for public
25 consumption or use. For purposes of this section, "permittee" means any person or
26 organization, including any corporation, partnership, firm, or any other legal entity capable of
27 owning property and transacting business, which has applied for a permit under this chapter.
28 For purposes of this section, "notice" consists of a written communication and must be deemed
29 to have occurred within seventy-two hours of mailing, if mailed within North Dakota, or one
30 hundred twenty hours of mailing, if mailed outside North Dakota. "Notice" to a vendor of the
1 condition of a vending machine also occurs if a period of time greater than the required
2 inspection interval for the vending machines has passed.
3 SECTION 354. AMENDMENT. Subdivision b of subsection 1 of section 39-04-10.16 of the
4 North Dakota Century Code is amended and reenacted as follows:
5 b. "Volunteer emergency responder" means an emergency medical services
6 provider certified by the state department of health and human services and the
7 individual's squad leader for a continuous period exceeding two years and who
8 receives an annual compensation of less than ten thousand dollars.
9 SECTION 355. AMENDMENT. Subsection 1 of section 43-04-11 of the North Dakota
10 Century Code is amended and reenacted as follows:
11 1. It may prescribe sanitary regulations for barbershops and barber schools. Such
12 regulations shall be subject to the approval of the state department of health and
13 human services. A copy of the rules and regulations adopted by the board and
14 approved by the state department of health and human services shall be furnished by
15 the board to the owner or manager of every barbershop and barber school and shall
16 be posted by such owner or manager in a conspicuous place in such barbershop or
17 barber school.
18 SECTION 356. AMENDMENT. Subsection 8 of section 43-10-12 of the North Dakota
19 Century Code is amended and reenacted as follows:
20 8. Rules of the state department of health and human services and the board governing
21 the practice of funeral service.
22 SECTION 357. AMENDMENT. Section 43-10-23 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 43-10-23. Inspections - Hearings - Revocations - Appeal.
25 The funeral establishment, or that part of a funeral establishment in which is conducted or
26 intended to be conducted any funeral service business, must be open at all times for inspection
27 by the board or the state department of health and human services. The board or agents
28 employed by it and the state department of health and human services may make such
29 inspections as are necessary of facilities and equipment of funeral establishments to ensure
30 compliance with safety and sanitary rules adopted by the board or any other rules or federal
31 regulations pertaining to funeral service whenever either deems the inspection advisable. The
1 board may subpoena witnesses, administer oaths, and take testimony. All proceedings under
2 this section must be conducted in accordance with chapter 28-32. The board may, after a
3 hearing, revoke, suspend, or refuse to issue or renew a license upon good cause. A person
4 aggrieved by the action of the board may appeal to the district court of the county in which the
5 person resides or the district court of Burleigh County in accordance with chapter 28-32.
6 SECTION 358. AMENDMENT. Section 43-11-11 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 43-11-11. Sanitary rules - Practice outside salon.
9 The board with the approval of the state department of health and human services shall
10 adopt sanitary rules necessary to prevent the creating and spreading of infectious and
11 contagious diseases. A cosmetology salon must be at a fixed location and may not be used for
12 living or sleeping quarters. A cosmetologist or esthetician may practice outside of the
13 establishment under the direction and control of a master cosmetologist or master esthetician
14 thereof under rules adopted by the board.
15 SECTION 359. AMENDMENT. Section 43-12.1-04 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 43-12.1-04. Persons exempt from provisions of chapter.
18 This chapter does not apply to a person that is not licensed or registered under this chapter
19 and is:
20 1. A person that performs nursing interventions in cases of emergency or disaster.
21 2. A student practicing nursing as a part of an in-state board-approved nursing education
22 program.
23 3. A licensed nurse of another state who is in good standing and who is employed in this
24 state by the United States government or any of its bureaus, divisions, or agencies.
25 4. A nurse licensed by another state or Canada, whose employment requires the nurse
26 to accompany and care for a patient in transit for health care.
27 5. A nurse licensed by another state whose employment by a resident of that state
28 requires the nurse to accompany and care for the resident in North Dakota.
29 6. An individual who performs nursing tasks for a family member.
30 7. A person that renders assistance pursuant to chapter 23-27.
1 8. A person licensed or registered under another chapter of this title and carrying out the
2 therapy or practice for which the person is licensed or registered.
3 9. A person that provides medications, other than by the parenteral route:
4 a. Within a correctional facility, in compliance with section 12-44.1-29;
5 b. Within a psychiatric residential treatment facility for children licensed under
6 chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;
7 c. Within a treatment or care center for individuals with developmental disabilities
8 licensed under chapter 25-16;
9 d. Within a group home, a qualified residential treatment program, or an adult foster
10 care facility licensed under section 50-11-01;
11 e. Within the life skills and transition center, to the extent the individual who
12 provides medications is a direct training technician or a vocational training
13 technician as approved by the department of health and human services;
14 f. Within a human service center licensed under chapter 50-06; or
15 g. Within a primary or secondary school under a program established under section
16 15.1-19-23 if the individual has received education and training in medication
17 administration and has received written consent of the student's parent or
18 guardian; or
19 h. Who is an employee of a qualified service provider agency who meets the criteria
20 set forth in subsection 2 of section 50-24.1-18.
21 10. A nurse currently licensed to practice nursing by another jurisdiction:
22 a. Whose practice in another state requires that nurse to attend orientation,
23 meetings, or continuing education in North Dakota;
24 b. Who serves as a guest lecturer or short-term consultant; or
25 c. Who provides evaluation undertaken on behalf of an accrediting organization.
26 11. An individual, including a feeding assistant, performing nonhands-on tasks while
27 employed in a Medicare-funded organization.
28 12. A student practicing nursing as part of an out-of-state board-recognized nursing
29 education program, upon written notification to the board and contingent upon clinical
30 site availability.
1 13. An individual who is registered on the state department of health and human services
2 nurse aide registry, including a certified nurse aide, home health aide, nurse aide, and
3 medication assistant.
4 SECTION 360. AMENDMENT. Subsection 14 of section 43-15-10 of the North Dakota
5 Century Code is amended and reenacted as follows:
6 14. To adopt, amend, and repeal rules determined necessary by the board for the proper
7 administration and enforcement of this chapter, chapter 19-02.1 as that chapter
8 pertains to drugs, subject to approval of the director of the state department of health
9 and human services, and chapter 19-03.1.
10 SECTION 361. AMENDMENT. Subsection 4 of section 43-15-31.5 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 4. Requirements relating to the reporting of the administration to a patient's primary
13 health care provider and to the state department of health and human services.
14 SECTION 362. AMENDMENT. Subsection 5 of section 43-28-02 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 5. To the practice of dentistry in the discharge of their official duties by graduate dentists
17 or dental surgeons in the United States army, navy, air force, public health service,
18 coast guard, veterans' bureau, or director of the dental division of the state department
19 of health and human services.
20 SECTION 363. AMENDMENT. Section 43-29.1-02 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 43-29.1-02. Loan repayment program - Veterinarians - Powers of state health council.
23 The state health council may:
24 1. Determine the eligibility and qualifications of an applicant for loan repayment funds
25 under this chapter;
26 2. Identify communities that are in need of a veterinarian and establish a priority ranking
27 for participation in the program by the selected communities;
28 3. Create and distribute a loan repayment application;
29 4. Determine the amount of the loan repayment funds for which an applicant may be
30 eligible under this chapter and, in making this determination, examine any outstanding
31 education loans incurred by the applicant;
1 SECTION 369. AMENDMENT. Section 43-43-04 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 43-43-04. Powers and duties of statedepartment of health officerand human services.
4 The state health officerdepartment of health and human services shall adopt rules
5 consistent with and necessary for the implementation and enforcement of this chapter, including
6 rules concerning the:
7 1. Qualifications and requirements for licensure under this chapter.
8 2. Application for licensure and renewal of license.
9 3. Licensure.
10 4. Fees that may not exceed fifty dollars for licensure fees.
11 5. Scope of practice.
12 6. Ethical standards of conduct.
13 7. Continuing competency and education requirements.
14 8. Grievances and complaints.
15 9. Reimbursement of advisory board expenses.
16 10. Emergency exemptions as to requirements for licensure under this chapter.
17 11. Qualifications and requirements for specialty licenses or credentials within the scope
18 of practice of an environmental health practitioner, including specialty licenses or
19 credentials for limited practice areas.
20 SECTION 370. AMENDMENT. Section 43-43-06 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 43-43-06. Environmental health practitioner licensure fee administration fund.
23 There must be maintained in the state treasury a special fund to be known as the
24 environmental health practitioner licensure fee administrative fund. All money deposited or paid
25 into this fund must be continuously available to the state health officerdepartment of health and
26 human services for reimbursement to the advisory board, and may not lapse at any time or be
27 transferred to any other fund. The fund must consist of any money collected by the state health
28 officerdepartment of health and human services in accordance with section 43-43-04.
29 SECTION 371. AMENDMENT. Section 43-43-07 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 institution. The human service zone shall cause to be furnished to the person the necessary
2 covered medicines prescribed by a physician. Necessary covered hospitalization must be
3 furnished by the human service zone upon approval or subsequent ratification by the human
4 service zone director or the director's designee. If the poor person is a nonresident of the state,
5 the human service zone furnishing the medical services must be reimbursed within the limits of
6 funds appropriated for that purpose by the legislative assembly for eighty percent of the
7 expenses incurred in carrying out this section. The reimbursement must be made upon
8 vouchers having the approval of the department of health and human services.
9 SECTION 378. AMENDMENT. Section 50-01-17.2 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 50-01-17.2. Community work experience programs - Development.
12 The department of health and human services may develop community work experience
13 programs through agreements with any public entity, nonprofit agency or organization, or in
14 conjunction with, or through utilization of, applicable federal programs. The number of hours to
15 be worked may be determined by dividing the amount of the assistance payment by the
16 prevailing minimum wage.
17 SECTION 379. AMENDMENT. Subsection 1 of section 50-01.1-01 of the North Dakota
18 Century Code is amended and reenacted as follows:
19 1. "Department" means the department of health and human services.
20 SECTION 380. AMENDMENT. Subsection 1 of section 50-01.2-00.1 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 1. "Department" means the department of health and human services.
23 SECTION 381. AMENDMENT. Subsection 3 of section 50-06-01 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 3. "Department" means the department of health and human services.
26 SECTION 382. AMENDMENT. Section 50-06-01.1 of the North Dakota Century Code is
27 amended and reenacted as follows:
1 assure adequate and appropriate staff development and training for the providers of
2 community-based care on behalf of individuals with developmental disabilities.
3 SECTION 386. AMENDMENT. Section 50-06-06.4 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 50-06-06.4. Comprehensive community residential program.
6 It is the intent of the legislative assembly that the department of human services implement
7 a comprehensive community residential program for children with developmental disabilities,
8 including the use of intermediate care facilities and other such foster home and group home
9 resources as deemed appropriate.
10 SECTION 387. AMENDMENT. Section 50-06-06.6 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 50-06-06.6. Department of human services may lease real and personal property.
13 The executive director of the department of human services may lease surplus farm and
14 pastureland at the state hospital and the life skills and transition center. The executive director
15 also may enter into further leases of real or personal property at the life skills and transition
16 center or the state hospital upon a specific finding that the granting of each such leasehold
17 interest will result in a net economic gain for the department, taking into account all identifiable
18 costs. Any lease of space for the purpose of providing child care services must meet
19 requirements as determined by the department. The executive director may prescribe the terms
20 and conditions of any leases entered into pursuant to this section and may renew existing
21 leases. Any lease entered into must be subject to renewal or cancelable each biennium.
22 SECTION 388. AMENDMENT. Section 50-06-06.10 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 50-06-06.10. Family life education program.
25 The department of human services shall enter into an agreement with the North Dakota
26 state university extension service for the design of a program to educate and support individuals
27 at all points within the family life cycle. The program must provide support for families and youth
28 with research-based information relating to personal, family, and community concerns and must
29 contain a research component aimed at evaluation of planned methods or programs for
30 prevention of family and social problems. The program must address the following inter-related
31 topics:
1 SECTION 391. AMENDMENT. Section 50-06-21 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 50-06-21. Gambling disorder prevention, awareness, crisis intervention,
4 rehabilitation, and treatment services.
5 The department of human services shall contract with qualified treatment service providers
6 for the development and implementation of a program for gambling prevention, awareness,
7 crisis intervention, rehabilitation, financial counseling, and mental health treatment services. The
8 program may provide outpatient services, partial care services, aftercare services, intervention
9 services, financial counseling services, consultation services, or other forms of preventive,
10 rehabilitative, or treatment services for individuals with a gambling disorder. An individual who
11 provides treatment services must be a licensed professional operating within the individual's
12 scope of practice. An individual who provides financial counseling services must be a certified
13 consumer credit counselor with an accredited financial counseling agency. The department of
14 human services may establish a sliding payment scale for services under the program. The
15 department of human services may establish a centrally located repository of educational
16 materials on identifying and treating gambling disorders. Any service fee collected by qualified
17 treatment service providers for services provided under the contract must be applied toward the
18 program's gambling disorder services. The term "qualified treatment service provider" means an
19 entity based in North Dakota which is experienced in and capable of delivering gambling
20 disorder education, prevention, awareness, crisis intervention, rehabilitation, financial
21 counseling, and mental health treatment services as defined by the department of health and
22 human services. The term "gambling disorder" means a chronic, progressive disease that is
23 characterized by a preoccupation with gambling, loss of control over gambling behaviors, and
24 oftentimes disregard for the negative consequences as a result of gambling. Gambling disorder
25 includes gambling behavior that compromises, disrupts, or damages personal, family, or
26 vocational pursuits.
27 SECTION 392. AMENDMENT. Section 50-06-24 of the North Dakota Century Code is
28 amended and reenacted as follows:
29 50-06-24. Guardianship services.
30 The department of human services may create and coordinate a unified system for the
31 provision of guardianship services to vulnerable adults who are ineligible for developmental
1 disabilities program management services. The system must include a base unit funding level at
2 the same level as developmental disability corporate guardianship rates, provider standards,
3 staff competency requirements, and guidelines and training for guardians. The department shall
4 adopt rules for guardianship services to vulnerable adults which are consistent with chapters
5 30.1-26, 30.1-28, and 30.1-29.
6 SECTION 393. AMENDMENT. Section 50-06-26 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 50-06-26. Alternatives-to-abortion services program.
9 The department of human services shall disburse funds available through title IV-A of the
10 Social Security Act [42 U.S.C. 601 et seq.] to nongovernmental entities that provide
11 alternatives-to-abortion services and expend funds to inform the public about this program. The
12 services must be outcome-based with positive outcome-based results. The department, in
13 consultation with a nongovernmental entity that provides alternatives-to-abortion services, shall
14 contract to inform the public about this program. For purposes of this section,
15 "alternatives-to-abortion services" are those services that promote childbirth instead of abortion
16 by providing information, counseling, and support services that assist pregnant women or
17 women who believe they may be pregnant to choose childbirth and to make informed decisions
18 regarding the choice of adoption or parenting with respect to their children.
19 SECTION 394. AMENDMENT. Section 50-06-29 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 50-06-29. Application for aging and disability resource center funding.
22 The department of human services shall operate an aging and disability resource center for
23 the state. The resource center will be a single point of information program at the community
24 level which will help people make informed decisions about the full range of long-term care
25 service and support options, including both institutional and home and community-based care,
26 and which will provide unbiased information and assistance to individuals needing either public
27 or private resources, to professionals seeking assistance on behalf of their clients, and to
28 individuals planning for their future long-term care needs. The resource center must be free
29 from a conflict of interest which would inappropriately influence or bias the actions of a
30 contractor, staff member, board member, or volunteer of the resource center to limit the
1 information given to a consumer to steer the consumer to services that may also be provided by
2 the resource center.
3 SECTION 395. AMENDMENT. Section 50-06-30 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 50-06-30. Interagency agreement between the department of health and human
6 services and the department of corrections and rehabilitation.
7 The executive director of the department of human services and the director of the
8 department of corrections and rehabilitation may amend the interagency agreement entered
9 under this section which became effective August 1, 2007. The amended agreement must
10 provide that the department of corrections and rehabilitation shall train, consult, and assist the
11 department of health and human services with the provision and enforcement of safety and
12 security procedures at the state hospital for all patients at the state hospital, including those
13 committed to the state hospital under chapter 25-03.1 or placed at the state hospital for
14 evaluation or civil commitment and treatment under chapter 25-03.3 and for all staff, visitors,
15 and volunteers at the state hospital. The amended interagency agreement must provide that the
16 executive director of the department of human services shall continue to be responsible for the
17 custody and care of patients at the state hospital, including those committed to the state
18 hospital under chapter 25-03.1 or placed at the state hospital for evaluation or civil commitment
19 and treatment under chapter 25-03.3, including responsibility for all assessments, evaluations,
20 and treatment required under chapter 25-03.3, the provision of all necessary staffing, including
21 maintenance staff, and the provision of all daily care and health care.
22 SECTION 396. AMENDMENT. Section 50-06-31 of the North Dakota Century Code is
23 amended and reenacted as follows:
24 50-06-31. Report to legislative council - Individuals committed to state hospital.
25 Before March first of each even-numbered year, the department of human services shall
26 report to the legislative council on services provided by the department of corrections and
27 rehabilitation relating to individuals at the state hospital who have been committed to the care
28 and custody of the executive director of the department of human services.
29 SECTION 397. AMENDMENT. Section 50-06-32 of the North Dakota Century Code is
30 amended and reenacted as follows:
1 3. The task force shall examine early intervention services, family support services that
2 would enable an individual with autism spectrum disorder to remain in the least
3 restrictive home-based or community setting, programs transitioning an individual with
4 autism spectrum disorder from a school-based setting to adult day programs and
5 workforce development programs, the cost of providing services, and the nature and
6 extent of federal resources that can be directed to the provision of services for
7 individuals with autism spectrum disorder.
8 4. The task force shall develop a state autism spectrum disorder plan and present the
9 plan to the governor and the legislative council before July 1, 2010. Thereafter, the
10 task force shall continue to review and periodically update or otherwise amend the
11 state plan so that it best serves the needs of individuals with autism spectrum disorder.
12 The task force shall provide an annual report to the governor and the legislative
13 council regarding the status of the state autism spectrum disorder plan.
14 SECTION 398. AMENDMENT. Section 50-06-32.1 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 50-06-32.1. Autism spectrum disorder voucher program pilot project - Legislative
17 management report - Appeal.
18 1. The department of human services shall establish a voucher program pilot project
19 beginning July 1, 2014, to assist in funding equipment and general educational needs
20 related to autism spectrum disorder for individuals below two hundred percent of the
21 federal poverty level from age three to under age eighteen who have been diagnosed
22 with autism spectrum disorder. The program may include funding for assistive
23 technology; video modeling videos or equipment; language-generating devices;
24 training and educational material for parents; parenting education; sensory equipment;
25 tutors; safety equipment; travel tools; self-care equipment; timers; visual
26 representation systems; respite care; specialized day care; language comprehension
27 equipment; and registration and related expenses for workshops and training to
28 improve independent living skills, employment opportunities, and other executive or
29 social skills.
30 2. The department shall adopt rules addressing management of this voucher program
31 pilot project and establishing the eligibility requirements and exclusions for this
1 voucher program pilot project. The program may not provide a voucher for early
2 intensive behavioral intervention, including applied behavioral analysis, intensive early
3 interventional behavioral therapy, intensive behavioral intervention, the Lovaas
4 method, the Denver model, LEAP (learning experiences - an alternative program for
5 preschoolers and parents), TEACCH (treatment and education of autistic and related
6 communication handicapped children), pivotal response training, or discrete trial
7 training.
8 3. A decision on a voucher application which is issued by the department under this
9 section may be appealed as provided under chapter 28-32.
10 4. The department of human services shall report to the legislative management
11 regarding the autism spectrum disorder program pilot project.
12 SECTION 399. AMENDMENT. Section 50-06-35 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 50-06-35. Department of human services food assistance contracts.
15 The department of human services shall contract with a statewide charitable food recovery
16 and distribution organization to develop and implement new methods of delivering charitable
17 food assistance services in underserved counties, to include a mobile food pantry program and
18 prepacked food basket program; expand the recovery of surplus food from the retail and
19 wholesale food industry for distribution to charitable feeding programs; provide training,
20 technical assistance, and equipment grants to community food pantries and emergency meal
21 programs; and develop a cross-referral system between charitable feeding programs and
22 government assistance programs that help clients achieve self-sufficiency.
23 SECTION 400. AMENDMENT. Section 50-06-37 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 50-06-37. Developmental disabilities system reimbursement project.
26 The department of human services, in conjunction with developmental disabilities
27 community providers, shall maintain a prospective payment system based on a state-approved
28 assessment.
29 1. The department shall maintain a steering committee consisting of no more than
30 eighteen representatives from all interested providers which must include no more
31 than two clients, no more than one family member of a client, a representative of the
1 d. The president pro tempore of the senate, or the president pro tempore's
2 designee;
3 e. The superintendent of public instruction, or the superintendent's designee;
4 f. The director of the committee on protection and advocacy, or the director's
5 designee;
6 g. A representative of the tribal nations in the state, who is appointed by the
7 governor; and
8 h. Four individuals representing parents, private service providers, or other
9 community interests, who are appointed by the governor to serve a term of two
10 years, at the pleasure of the governor, and who are entitled to reimbursement
11 from the department of human services for travel and lodging at the same rate as
12 provided for state officers and employees.
13 3. The chairman of legislative management, shall serve as the presiding officer of the
14 cabinet. The cabinet shall meet at least quarterly. Additional meetings may be held at
15 the discretion of the presiding officer.
16 4. The children's cabinet shall:
17 a. Coordinate broad-based leadership across programs, agencies, branches of
18 government, and tribal nations to meet the needs of children;
19 b. Develop strategies to address gaps or needs regarding early care and education,
20 medical and behavioral health, community, child welfare, and juvenile justice;
21 c. Develop strategies to provide for the full continuum of care in the delivery of
22 services, including promotion, prevention, early identification and intervention,
23 service delivery, and recovery;
24 d. Seek to engage cooperation across public and private service providers;
25 e. Provide a comprehensive vision for how and where children are best served,
26 attending to children in a respectful and relevant manner;
27 f. Seek strategies to provide services to children without consideration of prior
28 engagement with juvenile services;
29 g. Provide for the active participation of consumers and providers statewide on
30 advisory committees; and
1 affairs, and the superintendent of public instruction to discuss the provision of services to
2 individuals with brain injury. State agencies and political subdivision agencies shall cooperate
3 with the department to permit the department to efficiently coordinate services to individuals
4 with brain injury while avoiding duplication of services. Neither this chapter, nor any activity
5 undertaken by the department under this chapter, may be construed as creating a right to any
6 benefit or service not specifically required to be granted as a condition of the receipt of grants of
7 federal funds.
8 SECTION 412. AMENDMENT. Subsection 3 of section 50-06.4-10 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 3. Each of the following entities shall appoint a representative to serve as a nonvoting
11 member of the council who serves at the pleasure of the appointing entity:
12 a. Protection and advocacy project, one representative;
13 b. State department of healthDepartment, one individual representing injury
14 prevention and one representative representing emergency medical services and
15 trauma;
16 c. Department of human services, one individual representing behavioral health,
17 one individual representing Medicaid, and one individual representing vocational
18 rehabilitation; and
19 d.c. Department of public instruction, one representative.
20 SECTION 413. AMENDMENT. Subsection 4 of section 50-06.5-01 of the North Dakota
21 Century Code is amended and reenacted as follows:
22 4. "Designated state entity" means the vocational rehabilitation division of the department
23 of health and human services as defined in the state plan for independent living.
24 SECTION 414. AMENDMENT. Subsection 12 of section 50-09-01 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 12. "State agency" means the North Dakota department of health and human services.
27 SECTION 415. AMENDMENT. Subsection 2 of section 50-10.1-01 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 2. "Department" means the department of health and human services.
30 SECTION 416. AMENDMENT. Subsection 4 of section 50-10.2-01 of the North Dakota
31 Century Code is amended and reenacted as follows:
1 2. For the years beginning October 1, 1983, and ending September 30, 1990, one
2 percent of the maximum number permitted in the previous year; and
3 3. For all subsequent years, one-half percent of the maximum number permitted in the
4 previous year.
5 SECTION 421. AMENDMENT. Subsection 3 of section 50-11.1-02 of the North Dakota
6 Century Code is amended and reenacted as follows:
7 3. "Department" means the department of health and human services.
8 SECTION 422. AMENDMENT. Subsection 2 of section 50-11.1-07 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 2. Upon request of the department or its authorized agent, the state department of health
11 or the state fire marshal, or the fire marshal's designee, shall inspect the premises for
12 which a license or self-declaration is applied or issued and shall report the findings to
13 the department or the department's authorized agent.
14 SECTION 423. AMENDMENT. Subdivision a of subsection 3 of section 50-11.1-18 of the
15 North Dakota Century Code is amended and reenacted as follows:
16 a. The department of health and human services;
17 SECTION 424. AMENDMENT. Section 50-11.2-01 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 50-11.2-01. Foster care parent grievance.
20 A foster parent who is duly licensed to care for a foster child may object to any decision
21 made by the department of human services or human service zone which substantially affects
22 the foster parent or the needs of the foster child. An objection may be made in the form of a
23 grievance, which must be filed in the county of the foster care parent's residence with the
24 human service zone. The human service zone shall notify foster parents of the grievance
25 procedure and provide them with grievance procedure forms.
26 SECTION 425. AMENDMENT. Section 50-11.2-02 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 50-11.2-02. Grievance procedure.
29 The grievance procedure to be followed by the department of health and human services,
30 human service zone, and foster parents is:
1 1. Any decision made by the department of health and human services or human service
2 zone which substantially affects the licensed foster parent or the needs of a foster
3 child must be sent in writing to the foster parents who have been given the
4 responsibility of providing foster care for that child. Nothing herein may be construed
5 to prohibit the department of health and human services or human service zone from
6 immediately implementing a decision, when the best interests of the child require such
7 immediate action, as long as notice is given to the foster parent as soon as possible.
8 2. A foster parent may object to any decision referred to in subsection 1. Upon the filing
9 of a grievance by the foster care parents, the human service zone shall schedule an
10 informal meeting to be held within ten days of the filing of the grievance. The needs
11 and responsibilities of all interested parties must be discussed at this meeting in an
12 attempt to maintain a continuing relationship which will serve the best interests of the
13 foster child. A written resolution relating to the grievance should be agreed to and
14 signed by both parties.
15 3. If no written resolution between the parties relating to the grievance is made at the
16 informal meeting, the foster parents may request a formal hearing to be held at a
17 conflict-free human service zone office. This meeting must be held within ten working
18 days of the informal meeting unless both parties agree to an extension. The human
19 service zone director or the director's designee shall provide for a record of this
20 hearing. The human service zone director or the director's designee shall review all
21 prior contact between the foster care parents and the department of health and human
22 services or human service zone relating to the grievance. The human service zone
23 director or the director's designee shall then make a final determination relating to the
24 grievance. The human service zone director's or the director's designee's findings and
25 conclusions must be sent to the human service zone and the foster care parents.
26 4. All decisions relating to a grievance under this chapter are final.
27 5. The department of health and human services shall adopt rules to carry out the
28 purpose and intent of this section and these rules must be given to the foster parent
29 upon licensing.
30 6. Denial or revocation of a foster care license may be appealed as provided in chapter
31 28-32.
1 record information that may lawfully be made available under chapter 12-60 to the
2 department of health and human services. The bureau of criminal investigation may
3 charge a reasonable fee to offset the cost of providing any criminal history record
4 information and may require payment of any charge imposed by the federal bureau of
5 criminal investigation for a nationwide background check.
6 6. The department of health and human services shall provide an individual to be
7 appointed legal guardian or any adult living in that individual's household, who
8 provided the department with information under subsection 2, with any information
9 received under this section from the bureau of criminal investigation which the
10 department of health and human services is not prevented by federal law from
11 disclosing to the individual to be appointed legal guardian or any adult living in that
12 individual's household.
13 7. The department of health and human services may adopt emergency rules under this
14 section without the finding otherwise required under section 28-32-02.
15 8. A criminal history record investigation completed under this section may be used to
16 satisfy the criminal history record investigation requirements of sections 50-11-06.8
17 and 50-12-03.2.
18 SECTION 427. AMENDMENT. Section 50-12-02 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 50-12-02. Child-placing agency licensed - Rules.
21 Every child-placing agency shall secure a license from the department of health and human
22 services. The department shall adopt rules establishing the requirements for licensure as a
23 child-placing agency.
24 SECTION 428. AMENDMENT. Subsection 2 of section 50-12-02.1 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 2. A child-placing agency that does not maintain an office in this state shall name on its
27 license application at least one resident child-placing agency. Resident child-placing
28 agencies named on the application shall certify their willingness to:
29 a. Receive service of process for papers to be served on the out-of-state
30 child-placing agency;
1 b. Assist when requested by the department of health and human services in the
2 supervision and visitation of children placed in either temporary or permanent
3 homes by the out-of-state child-placing agency; and
4 c. Provide at the request of the department of health and human services all other
5 facts, information, and reports to be made on behalf of the out-of-state
6 child-placing agency.
7 SECTION 429. AMENDMENT. Section 50-12-03 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 50-12-03. Requirements for licensure and employment - Term - Moral or religious
10 conviction not bar to licensure or employment.
11 The department of health and human services shall issue licenses for the conduct of
12 child-placing agencies upon application. A child-placing agency shall require a criminal history
13 record investigation on the owner and each employee of a child-placing agency who has direct
14 contact with families, with children, or with both. The department of health and human services
15 shall consider any criminal history record information available about the owner at the time a
16 licensing decision is made and about an employee prior to the owner or the employee having
17 direct contact with families, with children, or with both. Licenses must be granted for a period
18 not exceeding two years. Licenses must be issued to reputable and responsible applicants
19 upon a showing that they, and their agents, are equipped properly by training and experience to
20 find and select suitable temporary or permanent homes for children and to supervise the homes
21 when children are placed in them, to the end that the health, morality, and general well-being of
22 children placed by them will be properly safeguarded. The department of health and human
23 services may not deny a license because of the applicant's objection to performing, assisting,
24 counseling, recommending, facilitating, referring, or participating in a placement that violates the
25 applicant's written religious or moral convictions or policies.
26 SECTION 430. AMENDMENT. Section 50-12-03.1 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 50-12-03.1. Conviction not bar to licensure or employment - Exceptions.
29 Conviction of an offense does not disqualify a person from licensure or employment under
30 this chapter unless the department of health and human services determines that the offense
31 has a direct bearing upon a person's ability to serve the public as the owner or employee of a
1 child-placing agency, or that, following the person's conviction of any offense, the person is not
2 sufficiently rehabilitated under section 12.1-33-02.1.
3 SECTION 431. AMENDMENT. Section 50-12-03.2 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 50-12-03.2. Criminal history record investigation required.
6 1. A child-placing agency shall include, in any adoptive home study report, the results of
7 a criminal history record investigation made under this section. If the results reveal a
8 conviction of a crime described in chapter 50-11.3 or determined by the department to
9 have a direct bearing upon the person's ability to provide a suitable home for
10 placement of any child, or the department determines, following conviction of any
11 other offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1,
12 the home study report must include a determination that a home provided by the
13 prospective adoptive parent is not a suitable home for the placement of any child and
14 a recommendation that the petition for adoption be denied. A child-placing agency
15 shall consider any criminal history record information available when making a
16 recommendation in a home study report.
17 2. A child-placing agency shall secure, from a law enforcement agency or any other
18 agency authorized to take fingerprints, two sets of fingerprints and shall provide all
19 other information necessary to secure state criminal history record information and a
20 nationwide background check under federal law from any prospective adoptive parent
21 and any adult living in the prospective adoptive parent's household. Upon a request of
22 a child-placing agency, a law enforcement agency shall take fingerprints of any
23 prospective adoptive parent and any adult living in the prospective adoptive parent's
24 household for purposes of this section. An agency that takes fingerprints as provided
25 under this section may charge a reasonable fee to offset the cost of fingerprinting.
26 3. The child-placing agency shall assure that information obtained under subsection 2 is
27 provided to the department of health and human services and shall arrange payment
28 to the bureau of criminal investigation sufficient to defray the cost of securing criminal
29 history record information under this section.
1 4. Upon receipt of all fingerprints and necessary information relating to a criminal history
2 record investigation, the department of health and human services shall submit those
3 fingerprints and that information to the bureau of criminal investigation.
4 5. The bureau of criminal investigation shall request a nationwide background check from
5 the federal bureau of investigation and, upon receipt of a response, provide the
6 response of the federal bureau of investigation to the department of health and human
7 services. The bureau of criminal investigation shall also provide any criminal history
8 record information that may lawfully be made available under chapter 12-60 to the
9 department.
10 6. The department of health and human services shall provide the child-placing agency
11 with any information, received under this section from the bureau of criminal
12 investigation, that the department of human services is not prevented by federal law
13 from disclosing to the child-placing agency.
14 7. The department of health and human services may adopt emergency rules under this
15 section without the finding otherwise required under section 28-32-02.
16 8. A criminal history record investigation completed under this section may be used to
17 satisfy the criminal history record investigation requirements of sections 50-11-06.8
18 and 50-11.3-01.
19 SECTION 432. AMENDMENT. Section 50-12-05 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 50-12-05. Department may prescribe form of records - Make rules - Records open for
22 inspection.
23 The department of health and human services may prescribe the forms for the registration
24 and record of children placed by a child-placing agency. The department shall make such
25 reasonable rules and regulations in connection with such placements as are necessary to carry
26 out the purposes of this chapter. All records must be open to the inspection of the department.
27 SECTION 433. AMENDMENT. Subsection 2 of section 50-12-06 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 2. For the return of the child to the placing agency whenever in the opinion of the agency,
30 or of the department of health and human services, the best interests of the child
31 require the return.
1 4. The licensee has been guilty of an offense determined by the department to have a
2 direct bearing upon a person's ability to serve the public as a licensee, or the
3 department determines, following conviction of any offense, the person is not
4 sufficiently rehabilitated under section 12.1-33-02.1.
5 SECTION 437. AMENDMENT. Section 50-12-11 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 50-12-11. Revocation of license - False reports.
8 If any child-placing agency licensed under the provisions of this chapter makes any false or
9 misleading report to the department of health and human services, the license must be
10 suspended immediately. Upon hearing before the department, if such false or misleading
11 reports are found to have been made, the license forthwith must be revoked.
12 SECTION 438. AMENDMENT. Section 50-12-14.1 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 50-12-14.1. Conditions for placement of children in state - Consent of department
15 required.
16 Any person undertaking to bring or to send a child into this state for placement in foster
17 care, as a preliminary to a possible adoption, or for guardianship shall furnish the department of
18 health and human services with written notice of the intention to send, bring, or place the child
19 in the state and shall obtain prior written consent from the department for each child to be so
20 placed. The notice must contain:
21 1. The name, date, and place of birth of the child;
22 2. The identity and address or addresses of the parent or legal guardian;
23 3. The name and address of the person, agency, or institution to or with which the child is
24 proposed to be placed;
25 4. A full statement of the reasons for such proposed action and evidence of the authority
26 pursuant to which the placement is proposed to be made; and
27 5. Any supporting or additional information as the department determines necessary
28 under the circumstances.
29 This section does not apply to the sending or bringing of a child into this state by the child's
30 parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's
31 guardian and leaving the child with any such relative or nonagency guardian in this state.
1 SECTION 439. AMENDMENT. Section 50-12-16 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 50-12-16. Taking children from state for placement in family homes - Consent of
4 department - Report.
5 No person, partnership, voluntary association, corporation, or limited liability company may
6 take or send any child out of the state for placement in a family home in another state without
7 first securing the consent of the department of health and human services so to do and without
8 first reporting to the department:
9 1. The name and address of the child to be taken or sent;
10 2. The name and address of the family which is to receive the child; and
11 3. Such other information concerning the family and the child as the department may
12 require.
13 This section does not apply to a parent who personally removes the parent's child from the
14 state.
15 SECTION 440. AMENDMENT. Section 50-12-17 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 50-12-17. Licensure requirement - Registration requirement - Penalty.
18 A person may not place or cause to be placed any child in a family home for adoption
19 without a license to do so from the department of health and human services except that a
20 parent, upon giving written notice to the department, may place the parent's child in the home of
21 the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or
22 guardian for adoption by the person receiving the child. The child must be considered
23 abandoned if proceedings for the adoption or guardianship of the child are not initiated by such
24 relative within one year following the date of notice of placement. A person who willfully violates
25 this chapter is guilty of a class C felony. For purposes of this section, "to place or cause to be
26 placed" means to place a child for adoption; arrange or provide for short-term foster care for a
27 child pending an adoptive placement; facilitate placement of a child by maintaining a list in any
28 form of birth parents or prospective adoptive parents; or advertise in any public medium that the
29 person knows of a child who is available for adoption or is willing to accept a child for adoption
30 or that the person knows of prospective adoptive parents of a child.
1 use of such basic care facility is discontinued or if it is diverted to other purposes, the full
2 amount of the loan provided under this chapter immediately becomes due and payable. Loans
3 may be made only to an applicant who is not receiving other loans or grants of funds from this
4 state for such construction or reconstruction. Payments of interest and principal upon such
5 loans must be made to the Bank of North Dakota and credited to the revolving fund.
6 SECTION 447. AMENDMENT. Section 50-21-04 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 50-21-04. Standards - Administration procedure.
9 The state department of health, subject to the approval of the state health council, and
10 human services shall establish standards of construction which must be followed by all
11 applicants receiving loans of funds for the construction of nursing homes or combination nursing
12 homes and basic care facilities. The state department of health and human services shall
13 establish standards of construction which must be followed by all applicants for loans for the
14 construction of basic care facilities. The health council, in the case of the construction of nursing
15 homes or basic care facilities or combination nursing homes and basic care facilities, shall
16 approve all building plans and specifications for any facilities to be constructed in whole or in
17 part with loans of funds provided under the provisions of this chapter prior to the disbursement
18 of any such funds. Administrative procedures established by the state department of health with
19 the approval of the health counciland human services must, except to construction standards,
20 be in general in accordance with the procedures established for the administration of the federal
21 grant-in-aid program for similar purposes under the Hill-Burton Act, or federal acts supplemental
22 thereto.
23 SECTION 448. AMENDMENT. Subsection 1 of section 50-24.1-00.1 of the North Dakota
24 Century Code is amended and reenacted as follows:
25 1. "Department" means the department of health and human services.
26 SECTION 449. AMENDMENT. Section 50-24.1-01.3 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 50-24.1-01.3. Department to comply with federal requirements - Interagency
29 cooperation - Civil money penalty fund.
30 1. The department shall take any action necessary to comply with the requirements of
31 section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], including
1 risk of requiring long-term care services to ensure that an individual is informed of alternatives
2 available to address the individual's long-term care needs.
3 SECTION 456. AMENDMENT. Section 50-24.3-03 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 50-24.3-03. Department of human services - Targeted case management - Powers and
6 duties.
7 The department of health and human services has the following powers and duties which it
8 may delegate to any entity that provides targeted case management services approved by the
9 department:
10 1. To seek cooperation from other public and private entities in the community that offer
11 services to individuals with disabilities or the elderly.
12 2. To provide information and education to the general public regarding availability of
13 targeted case management.
14 3. To accept referrals from an interested party including individuals, families, human
15 services program professionals, nursing facility personnel, and acute care facility
16 personnel.
17 4. To assess the health and social needs of, and provide targeted case management to,
18 referred individuals who wish to receive this service.
19 5. To identify available noninstitutional services to meet the needs of referred individuals.
20 6. To prepare an individual care plan for each individual receiving targeted case
21 management services.
22 7. To inform referred individuals of the extent to which long-term care services are
23 available, including institutional and community-based services, and of the individual's
24 opportunity to choose, in consultation with an attending physician, family members,
25 and other interested parties, among the appropriate alternatives that may be available.
26 8. To monitor the results of targeted case management and report to each legislative
27 assembly on these results and the cost-effectiveness of these services.
28 SECTION 457. AMENDMENT. Section 50-24.3-03.1 of the North Dakota Century Code is
29 amended and reenacted as follows:
1 determined by the prospective desk audit rate, except under the following
2 circumstances: the nursing home may charge private-paying residents a higher rate
3 for a private room and charge for special services which are not included in the daily
4 rate if medical assistance residents are charged separately at the same rate for the
5 same services in addition to the daily rate paid by the department of human services.
6 Services covered by the payment rate must be the same regardless of payment
7 source. Special services, if offered, must be offered to all residents and charged
8 separately at the same rate. Residents are free to select or decline special services.
9 Special services must not include services which must be provided by the nursing
10 home in order to comply with licensure or certification standards and that if not
11 provided would result in a deficiency or violation by the nursing home. Services
12 beyond those required to comply with licensure or certification standards must not be
13 charged separately as a special service if they were included in the payment rate for
14 the previous reporting year. A nursing home that charges a private-paying resident a
15 rate in violation of this chapter is subject to an action by the state or any of its
16 subdivisions or agencies for civil damages. A private-paying resident or the resident's
17 legal representative has a cause of action for civil damages against a nursing home
18 that charges the resident rates in violation of this chapter. The damages awarded shall
19 include three times the payments that result from the violation, together with costs and
20 disbursements, including reasonable attorney's fees or their equivalent.
21 SECTION 461. AMENDMENT. Subsection 4 of section 50-24.5-01 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 4. "Department" means the department of health and human services.
24 SECTION 462. AMENDMENT. Section 50-24.5-02.2 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 50-24.5-02.2. Basic care facility private room rates.
27 The department of human services shall allow a basic care facility to charge a higher rate
28 for a private room used by a recipient of benefits under this chapter if the private room is not
29 necessary to meet the resident's care needs; the resident, or a person acting on behalf of the
30 resident, has requested the private room and the facility informs the person making the request,
31 at the time of the request, of the amount of payment and that the payment must come from
1 sources other than a resident's monthly income; and the payment does not exceed the amount
2 charged to private pay residents.
3 SECTION 463. AMENDMENT. Section 50-24.5-10 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 50-24.5-10. Compensation for top management personnel - Department to adopt
6 emergency rules.
7 Notwithstanding the requirements of subsection 2 of section 28-32-03, the department of
8 human services has the authority to create emergency rules related to the compensation for top
9 management personnel of a basic care facility combined with a hospital.
10 SECTION 464. AMENDMENT. Subsection 3 of section 50-24.6-01 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 3. "Department" means the department of health and human services.
13 SECTION 465. AMENDMENT. Subsection 3 of section 50-24.7-01 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 3. "Department" means the department of health and human services.
16 SECTION 466. AMENDMENT. Subsection 3 of section 50-24.8-01 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 3. "Department" means the department of health and human services.
19 SECTION 467. AMENDMENT. Subsection 9 of section 50-25.1-02 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 9. "Department" means the department of health and human services or its designee.
22 SECTION 468. AMENDMENT. Subsection 17 of section 50-25.1-02 of the North Dakota
23 Century Code is amended and reenacted as follows:
24 17. "State child protection team" means a multidisciplinary team consisting of the
25 designee of the department and, where possible, of a physician, a representative of a
26 child-placing agency, a representative of the state department of health, a
27 representative of the attorney general, a representative of the superintendent of public
28 instruction, a representative of the department of corrections and rehabilitation, one or
29 more representatives of the lay community, and, as an ad hoc member, the designee
30 of the chief executive official of any institution named in a report of institutional abuse
31 or neglect. All team members, at the time of their selection and thereafter, must be
1 staff members of the public or private agency they represent or shall serve without
2 remuneration. An attorney member of the child protection team may not be appointed
3 to represent the child or the parents at any subsequent court proceeding nor may the
4 child protection team be composed of fewer than three persons.
5 SECTION 469. AMENDMENT. Section 50-25.1-04.2 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 50-25.1-04.2. Child fatality review panel.
8 The state child protection team shall serve as a child fatality review panel. The department
9 shall appoint a peace officer licensed in the state, a mental health professional, and any other
10 person as appropriate to assist the panel in the performance of its duties. The department, in
11 coordination with the state department of health, shall adopt rules for the operation of the panel.
12 Panel members are not entitled to compensation or reimbursement of expenses for service on
13 the panel.
14 SECTION 470. AMENDMENT. Subsection 10 of section 50-25.1-15 of the North Dakota
15 Century Code is amended and reenacted as follows:
16 10. The state department of health, in coordination with the department of human
17 services, shall develop and implement a public awareness campaign to provide
18 information, public service announcements, and educational materials regarding this
19 section to the public, including medical providers, law enforcement, and social service
20 agencies.
21 SECTION 471. AMENDMENT. Subsection 5 of section 50-25.2-01 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 5. "Department" means the department of health and human services.
24 SECTION 472. AMENDMENT. Section 50-27-01 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 50-27-01. Creation and administration of children's trust fund.
27 There is hereby created in the state treasury a special fund known as the children's trust
28 fund. The children and family services division of the department of health and human services
29 shall administer the fund. All moneys designated for the fund from whatever source derived
30 must be deposited with the state treasurer in the children's trust fund. The state treasurer shall
31 invest such funds in interest-bearing accounts as is designated by the children and family
1 services division, and the interest earned must be deposited in the children's trust fund. The
2 children and family services division shall designate the administrator of child protective
3 services as executive secretary of the children's trust fund.
4 SECTION 473. AMENDMENT. Section 50-27-03 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 50-27-03. Authority of the children and family services division of the department of
7 health and human services.
8 The children and family services division may:
9 1. Create such advisory committees as may be deemed necessary to assure public
10 involvement in the planning, development, and administration of the children's trust
11 fund.
12 2. Hire or arrange for appropriate staff, as deemed necessary, to administer and maintain
13 properly the children's trust fund.
14 3. Develop, implement, and periodically review a written plan to be used in administering
15 the funds expended from and retained in the children's trust fund. The written plan
16 must include the types of activities to be funded, the nature of organizations preferred
17 for funding, the criteria for eligible fund applicants, and the mechanisms for the
18 monitoring and evaluating of funded activities.
19 4. Award grants from the children's trust fund in accordance with this chapter and any
20 rules that have been adopted.
21 SECTION 474. AMENDMENT. Subsection 5 of section 50-28-01 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 5. "Department" means the department of health and human services.
24 SECTION 475. AMENDMENT. Subsection 3 of section 50-29-01 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 3. "Department" means the department of health and human services.
27 SECTION 476. AMENDMENT. Subsection 2 of section 50-30-01 of the North Dakota
28 Century Code is amended and reenacted as follows:
29 2. "Department" means the department of health and human services.
30 SECTION 477. AMENDMENT. Subsection 1 of section 50-31-01 of the North Dakota
31 Century Code is amended and reenacted as follows:
1 personnel administration. The division and the executive director of the department of health
2 and human services shall authorize the political subdivision plan within sixty days of receiving a
3 request under this section if the plan and policies meet federal requirements. If the division and
4 the executive director of the department of health and human services determine that the
5 proposed plan and policies fail to meet the federal requirements, the division and the executive
6 director shall deny the request and notify the requester of the specific reasons for the denial.
7 SECTION 492. AMENDMENT. Section 54-44.3-32 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 54-44.3-32. Political subdivision merit system compliance.
10 The division and the department of health and human services shall develop oversight and
11 audit procedures for political subdivision merit systems to assure compliance with federal merit
12 system principles. If the division and the department of health and human services determine
13 that a political subdivision has failed to maintain compliance with federal merit system
14 principles, the division and the department shall notify the political subdivision of the
15 noncompliance and order the political subdivision to take corrective action. If a political
16 subdivision does not take the necessary corrective action to comply with federal merit system
17 principles, the division and the department of health and human services shall revoke the
18 political subdivision's exemption from the state merit system and return the political subdivision
19 to the state merit system. The political subdivision is responsible for any penalty assessed by a
20 federal authority for a noncompliant political subdivision merit system.
21 SECTION 493. AMENDMENT. Subsection 3 of section 54-44.8-03 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 3. The department of health and human services shall furnish specialized
24 telecommunications equipment to meet the needs of individuals who are
25 communications impaired and who might be otherwise disadvantaged in their ability to
26 obtain such equipment. The department of health and human services shall determine
27 eligibility and may provide the specialized telecommunications equipment to
28 individuals determined eligible within the limits of funding made available to the
29 department of health and human services through gifts and grants received under
30 section 54-44.8-06 and from funding made available by the information technology
1 department from the surcharge collected pursuant to section 54-44.8-08, which are
2 appropriated.
3 SECTION 494. AMENDMENT. Section 54-44.8-06 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 54-44.8-06. Gifts and grants.
6 The department of health and human services may accept contributions and gifts and may
7 apply for and accept grants, in money or otherwise, to the program. Monetary contributions,
8 gifts, and grants must be deposited in the state treasury to be credited to the department of
9 health and human services operating account.
10 SECTION 495. AMENDMENT. Section 54-46-13 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 54-46-13. Rules for state and human service zone records - Administrator to adopt.
13 The administrator shall adopt rules in accordance with chapter 28-32 for state and human
14 service zone records. The rules adopted by the administrator must be consistent with records
15 retention requirements imposed by federal law with respect to those records. The administrator,
16 prior to adoption, amendment, or repeal of rules concerning state and human service zone
17 records, shall consult with the executive director of the department of health and human
18 services.
19 SECTION 496. AMENDMENT. Subsection 1 of section 54-59-25 of the North Dakota
20 Century Code is amended and reenacted as follows:
21 1. The health information technology advisory committee consists of the state chief
22 information officer or the chief information officer's designee, the state health officer or
23 the state health officer's designee, the governor or the governor's designee, the
24 executive director of the department of health and human services or the executive
25 director's designee, the chairman of the house human services committee and the
26 chairman of the senate human services committee or if either or both of them are
27 unwilling or unable to serve then the chairman of the legislative management shall
28 appoint a replacement who is a member of the same legislative chamber as the
29 individual being replaced, and individuals appointed by the governor to represent a
30 broad range of public and private health information technology stakeholders. A
31 committee member who is not an ex officio member, designee of an ex officio
1 months of employment by the taxpayer for each employee with a developmental disability or
2 chronically mentally ill employee of the taxpayer. Only wages actually paid during the taxpayer's
3 taxable year may be considered for purposes of this section. An employee of a subcontractor is
4 considered an employee of the contractor to the extent of any wages paid under the contract.
5 The total of credits allowed under this section may not exceed fifty percent of the taxpayer's
6 liability under this chapter.
7 SECTION 501. AMENDMENT. Subsection 1 of section 57-38.3-02 of the North Dakota
8 Century Code is amended and reenacted as follows:
9 1. "Claimant agency" means the department of health and human services, job service
10 North Dakota, workforce safety and insurance, state institutions of higher education,
11 the North Dakota student loan service center, the insurance commissioner, the North
12 Dakota guaranteed student loan program, the industrial commission acting as the
13 state housing finance agency under chapter 54-17, a housing authority created under
14 section 23-11-02, or the state court administrator on behalf of the state courts for
15 purposes of court-ordered fines, fees, or costs due the state. On or before September
16 first of each year, the state housing finance agency shall conduct an election by mail
17 among housing authorities of the state and certify to the tax commissioner which
18 housing authority received the greatest number of votes and is capable of compliance
19 with the duties of a claimant agency under section 57-38.3-05. During the ensuing
20 calendar year, the housing authority certified as selected under this subsection shall
21 act as the claimant agency for all housing authorities for the purposes of submitting
22 debtor information to the tax commissioner for fund transfers and for providing notice
23 to the debtor as required by section 57-38.3-05.
24 SECTION 502. AMENDMENT. Subsection 3 of section 57-38.3-04 of the North Dakota
25 Century Code is amended and reenacted as follows:
26 3. A claim made by any child support unit of the department of health and human
27 services has priority in setting off any refund. Other claims rank by date of certification
28 under section 57-38.3-05 in the office of the commissioner with the claim earlier
29 certified having priority.
30 SECTION 503. AMENDMENT. Subsection 24 of section 57-39.2-04 of the North Dakota
31 Century Code is amended and reenacted as follows:
1 24. Gross receipts from all sales when made to an eligible facility or emergency medical
2 services provider for the use or benefit of its patient or occupant. For the purposes of
3 this subsection:
4 a. "Eligible facility" means any hospital, skilled nursing facility, intermediate care
5 facility, or basic care facility licensed by the state department of health, or any
6 assisted living facility licensed by the department of health and human services;
7 and
8 b. "Emergency medical services provider" means an emergency medical services
9 operation licensed by the state department of health and human services under
10 chapter 23-27.
11 SECTION 504. AMENDMENT. Subdivision f of subsection 4 of section 57-40.6-10 of the
12 North Dakota Century Code is amended and reenacted as follows:
13 f. Dispatch the emergency medical service that has been determined to be the
14 quickest to arrive to the scene of medical emergencies regardless of city, county,
15 or district boundaries. The state department of health and human services shall
16 provide public safety answering points with the physical locations of the
17 emergency medical services necessary for the implementation of this
18 subdivision.
19 SECTION 505. AMENDMENT. Section 57-63-03 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 57-63-03. Basis of assessment.
22 Every year beginning July first, each intermediate care facility for individuals with intellectual
23 disabilities must be assessed a quarterly rate per licensed bed as of the first day of each
24 quarter. The quarterly rate may not exceed a rate calculated by the department of health and
25 human services as an annual aggregate of gross revenues as of December thirty-first of the
26 preceding year for all intermediate care facilities for individuals with intellectual disabilities,
27 multiplied by one and one-half percent, and divided by licensed beds as of December thirty-first
28 of the preceding year.
29 SECTION 506. AMENDMENT. Subdivision n of subsection 2 of section 59-09-02 of the
30 North Dakota Century Code is amended and reenacted as follows:
1 hierarchy; return-to-work trial periods during which cash benefits are suspended; intensive job
2 search assistance; recognition of and focused services for injured employees who are at risk;
3 and coordination of services of public and private entities. If a pilot program utilizes coordination
4 of services of other state agencies, such as job service North Dakota, department of health and
5 human services, North Dakota university system, or department of public instruction, the
6 organization shall consult with the state agency in establishing the relevant portions of the pilot
7 program and the state agency shall cooperate with the organization in implementing the pilot
8 program. The organization shall provide status reports on current pilot programs in accordance
9 with section 65-01-19.
10 SECTION 510. LEGISLATIVE INTENT. It is the intent of the sixty-seventh legislative
11 assembly that:
12 1. The state department of health merge into the department of human services and both
13 agencies be called the department of health and human services;
14 2. The state department of health, including the state health officer, fall under the
15 authority of the executive director of the department of human services, now known as
16 the executive director of the department of health and human services;
17 3. The executive director of the former department of human services review and
18 reorganize the structure of the former department of human services to incorporate the
19 former state department of health and to find efficiencies in the newly formed
20 department of health and human services;
21 4. The office of management and budget transfer the state department of health's
22 appropriation into the department of human services appropriation for the biennium
23 beginning July 1, 2021, and ending June 30, 2023;
24 5. Section 1 of Senate Bill No. 2004, as approved by the sixty-seventh legislative
25 assembly, shall transfer into subdivisions 1 and 2 of section 1 of House Bill No. 1012,
26 as approved by the sixty-seventh legislative assembly, for the biennium beginning
27 July 1, 2021, and ending June 30, 2023;
28 6. The combined budget of the department of human services and state department of
29 health be referred to the budget of the department of health and human services; and
1 7. Department of health and human services is to be substituted for, shall take any action
2 previously to be taken by, and shall perform any duties previously to be performed by
3 the state department of health.