CHAPTER 23-12
PUBLIC HEALTH, MISCELLANEOUS PROVISIONS
23-12-01. Disinfection of secondhand goods. Repealed by S.L. 1975, ch. 225, § 1.
23-12-02. Penalty for not disinfecting secondhand goods. Repealed by S.L. 1975,
ch. 106, § 673; S.L. 1975, ch. 225, § 1.
23-12-03. Use of public drinking cup prohibited - Penalty. Any person in charge of
any:
1.
Public conveyance;
2.
Passenger terminal building;
3.
Public, parochial, or private school, or other educational institution; or
4.
Public building
who furnishes or permits the common use of public drinking cups in such place is guilty of an<br>infraction.
23-12-04. Permission to establish hospital in residence block of city required. No
hospital which treats patients for pay may be established in any residence block of any city in this<br>state unless the person, firm, corporation, or limited liability company proposing to establish the<br>same files with the city auditor the written consent of the resident freeholders of such block.
23-12-05.
Advertising certain cures and drugs and specialization prohibited -
Penalty. Repealed by S.L. 1975, ch. 106, § 673.
23-12-06. Injury to public health - Penalty. Repealed by S.L. 1975, ch. 106, § 673.
23-12-07. Violation of health laws - General penalty. Any person who willfully violates
any provision of this title, if another penalty is not specifically provided for such violation, is guilty<br>of an infraction.
23-12-08. Emergency medical service authorized. Any county or municipality of the
state of North Dakota, by itself, or in combination with any other county or municipality of the<br>state of North Dakota, may, acting through its governing body, establish, maintain, contract for, or<br>otherwise provide emergency medical service for such county or municipality; and for this<br>purpose, out of any funds of such county or municipality not otherwise committed, may buy, rent,<br>lease, or otherwise contract for all such vehicles, equipment, or other facilities or services which<br>may be necessary to effectuate such purpose.
23-12-09. Smoking in public places and places of employment - Definitions. In
sections 23-12-09 through 23-12-11, unless the context or subject matter otherwise requires:
1.
"Bar" means a retail alcoholic beverage establishment licensed under chapter 5-02<br>that is devoted to the serving of alcoholic beverages for consumption by guests on<br>the premises and in which the serving of food is only incidental to the consumption<br>of those beverages. The term includes a bar located within a hotel, bowling center,<br>or restaurant that is not licensed primarily or exclusively to sell alcoholic beverages if<br>the bar is in a separately enclosed area.
2.
"Business" means a sole proprietorship, partnership, association, joint venture,<br>corporation, or other business entity, either for profit or not for profit, including retail<br>establishments where goods or services are sold and professional corporations and<br>other entities where professional services are delivered.
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3.
"Employee" means an individual who is employed by an employer in consideration<br>for direct or indirect monetary wages or profit, or an individual who volunteers<br>services for an employer.
4.
"Employer" means an individual, business, or the state and its agencies and political<br>subdivisions that employs the services of one or more individuals.
5.
"Enclosed area" means all space between a floor and ceiling that is enclosed on all<br>sides by solid walls or windows, exclusive of doorways, which extend from the floor<br>to the ceiling.
6.
"Health care facility" means any office or institution providing health care services,<br>including a hospital; clinic; ambulatory surgery center; outpatient care facility;<br>nursing, basic, or assisted living facility; and laboratory.
7.
"Health care services" include medical, surgical, dental, vision, chiropractic, and<br>pharmaceutical services.
8.
"Place of employment" means an area under the control of a public or private<br>employer that employees normally frequent during the course of employment,<br>including work areas, auditoriums, classrooms, conference rooms, elevators,<br>employee cafeterias, employee lounges, hallways, meeting rooms, private offices,<br>restrooms, and stairs.
9.
"Public place" means an enclosed area to which the public has access or in which<br>the public is permitted, including a publicly owned building or office, and enclosed<br>areas available to and customarily used by the general public in businesses and<br>nonprofit entities patronized by the public, including bars; bingo facilities; child care<br>facilities subject to licensure by the department of human services, including those<br>operated in private homes when any child cared for under that license is present;<br>convention facilities; educational facilities, both public and private; facilities primarily<br>used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other<br>similar performance; financial institutions; health care facilities; hotels and motels;<br>laundromats; any common areas in apartment buildings, condominiums, mobile<br>home parks, retirement facilities, nursing homes, and other multiple-unit residential<br>facilities; museums, libraries, galleries, and aquariums; polling places; professional<br>offices; public transportation facilities, including buses and taxicabs, and ticket,<br>boarding, and waiting areas of public transit depots; reception areas; restaurants;<br>retail food production and marketing establishments; retail service establishments;<br>retail stores; rooms, chambers, places of meeting or public assembly, including<br>school buildings; service lines; shopping malls; sports arenas, including enclosed<br>places in outdoor arenas; theaters; and waiting rooms.
10.
"Publicly owned building or office" means a place owned, leased, or rented by any<br>state or political subdivision, or by any agency supported by appropriation of, or by<br>contracts or grants from, funds derived from the collection of taxes.
11.
"Restaurant" includes every building or other structure, or any part thereof, and all<br>buildings in connection therewith that are kept, used, maintained, advertised, or held<br>out to the public as a place where food is served, including coffee shops, cafeterias,<br>private and public school cafeterias, kitchens, and catering facilities in which food is<br>prepared on the premises for serving elsewhere, and a bar area within a restaurant.
12.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco<br>products and accessories and in which the sale of other products is merely<br>incidental.
13.
"Shopping mall" means an enclosed public walkway or hall area that serves to<br>connect retail or professional businesses.
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14.
"Smoking" means possessing a lighted cigar, cigarette, pipe, weed, plant, or any<br>other lighted tobacco product in any manner or in any form.
15.
"Sports arena" means any facility or area, whether enclosed or outdoor, where<br>members of the public assemble to engage in physical exercise, participate in<br>athletic competition, or witness sports or other events, including sports pavilions,<br>stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice<br>rinks, and bowling centers.
16.
"Truckstop" means a roadside service station and restaurant that caters to<br>truckdrivers.
23-12-10. Smoking restrictions - Exceptions - Retaliation - Application.
1.
In order to protect the public health and welfare and to recognize the need for<br>individuals to breathe smoke-free air, smoking is prohibited in all enclosed areas of:
a.
Public places; and
b.
Places of employment.
2.
The following areas are exempt from subsection 1:
a.
Private residences, except when operating as a child care facility subject to<br>licensure by the department of human services and when any child cared for<br>under that license is present in that facility.
b.
Hotel and motel rooms, and other places of lodging, that are rented to guests<br>and are designated as smoking rooms.
c.
Retail tobacco stores, provided that smoke from these places does not infiltrate<br>into areas where smoking is prohibited under this section.
d.
Outdoor areas of places of employment, except a sports arena.
e.
Any area that is not commonly accessible to the public and which is part of an<br>owner-operated business having no employee other than the owner-operator.
f.
Bars.
g.
Any place of public access rented or leased for private functions from which the<br>general public and children are excluded and arrangements for the function are<br>under the control of the function sponsor.
h.
Separately enclosed areas in truckstops which are accessible only to adults.
3.
Smoking as part of a traditional American Indian spiritual or cultural ceremony is not<br>prohibited.
4.
No person or employer shall discharge, refuse to hire, or in any manner retaliate<br>against an employee, applicant for employment, or other person because that<br>person asserts or exercises any rights afforded by this section or reports or attempts<br>to prosecute a violation of this section.
5.
This section may not be interpreted or construed to permit smoking where it is<br>otherwise restricted by other applicable laws.
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6.
Before October 1, 2007, the office of management and budget shall develop and<br>implement a uniform policy regarding smoking restrictions with respect to the<br>outdoor areas near the public entrances of all buildings on the state capitol grounds.
23-12-10.1. Responsibility of proprietors. Repealed by S.L. 2005, ch. 239, § 7.
23-12-10.2. Complaints and enforcement - City and county ordinances and home
rule charters.
1.
State agencies with statutory jurisdiction over a state-owned building or office shall<br>enforce section 23-12-10.
These agencies include the fire marshal department,
state department of health, department of human services, legislative council, and<br>office of management and budget. The agencies may mutually agree as to the<br>manner in which enforcement is to be accomplished and may adopt administrative<br>rules to ensure compliance with section 23-12-10, including referral of violations to<br>an appropriate law enforcement agency for enforcement pursuant to section<br>23-12-11.
2.
A city or county ordinance, a city or county home rule charter, or an ordinance<br>adopted under a home rule charter may not provide for less stringent provisions than<br>those provided under sections 23-12-09 through 23-12-11. Nothing in this Act shall<br>preempt or otherwise affect any other state or local tobacco control law that provides<br>more stringent protection from the hazards of environmental tobacco smoke. This<br>subsection does not preclude any city or county from enacting any ordinance<br>containing penal language when otherwise authorized to do so by law.
23-12-10.3. Exceptions - Medical necessity.
1.
Notwithstanding the provisions of any other state or local law, a patient may smoke<br>in a hospital licensed by the state or on the grounds of a hospital licensed by the<br>state if the patient's attending physician authorizes the activity based on medical<br>policies adopted by the hospital organized medical staff.
2.
Notwithstanding the provisions of any other state or local law, a resident of a<br>licensed basic care facility or a licensed nursing facility may smoke in the facility or<br>on the grounds of the facility if approved by the board of the facility.
23-12-11. Penalty.
1.
An individual who smokes in an area in which smoking is prohibited under section<br>23-12-10 is guilty of an infraction.
2.
An owner or other person with general supervisory responsibility over a public place<br>or place of employment who willfully fails to comply with section 23-12-10 is guilty of<br>an infraction, subject to a fine not to exceed one hundred dollars for the first<br>violation, to a fine not to exceed two hundred dollars for a second violation within<br>one year, and a fine not to exceed five hundred dollars for each additional violation<br>within one year of the preceding violation.
23-12-12. Federal Health Care Quality Improvement Act of 1986 applicable in North
Dakota. Pursuant to the Health Care Quality Improvement Act of 1986 [Pub. L. 99-660, Title IV;<br>100 Stat. 3784; 42 U.S.C. 11101 et seq.], providing for a limitation on damages for professional<br>review actions, the provisions of that Act are effective in this state.
23-12-13.
Persons authorized to provide informed consent to health care for
incapacitated persons - Priority.
1.
Informed consent for health care for a minor patient or a patient who is determined<br>by a physician to be an incapacitated person, as defined in subsection 2 of section
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30.1-26-01, and unable to consent may be obtained from a person authorized to<br>consent on behalf of the patient.
Persons in the following classes and in the
following order of priority may provide informed consent to health care on behalf of<br>the patient:
a.
The individual, if any, to whom the patient has given a durable power of<br>attorney that encompasses the authority to make health care decisions, unless<br>a court of competent jurisdiction specifically authorizes a guardian to make<br>medical decisions for the incapacitated person;
b.
The appointed guardian or custodian of the patient, if any;
c.
The patient's spouse who has maintained significant contacts with the<br>incapacitated person;
d.
Children of the patient who are at least eighteen years of age and who have<br>maintained significant contacts with the incapacitated person;
e.
Parents of the patient, including a stepparent who has maintained significant<br>contacts with the incapacitated person;
f.
Adult brothers and sisters of the patient who have maintained significant<br>contacts with the incapacitated person;
g.
Grandparents of the patient who have maintained significant contacts with the<br>incapacitated person;
h.
Grandchildren of the patient who are at least eighteen years of age and who<br>have maintained significant contacts with the incapacitated person; or
i.
A close relative or friend of the patient who is at least eighteen years of age and<br>who has maintained significant contacts with the incapacitated person.
2.
A physician seeking informed consent for proposed health care for a minor patient or<br>a patient who is an incapacitated person and is unable to consent must make<br>reasonable efforts to locate and secure authorization for the health care from a<br>competent person in the first or succeeding class identified in subsection 1. If the<br>physician is unable to locate such person, authorization may be given by any person<br>in the next class in the order of descending priority. A person identified in subsection<br>1 may not provide informed consent to health care if a person of higher priority has<br>refused to give such authorization.
3.
Before any person authorized to provide informed consent pursuant to this section<br>exercises that authority, the person must first determine in good faith that the<br>patient, if not incapacitated, would consent to the proposed health care. If such a<br>determination cannot be made, the decision to consent to the proposed health care<br>may be made only after determining that the proposed health care is in the patient's<br>best interests.
4.
No person authorized to provide informed consent pursuant to this section may<br>provide consent for sterilization, abortion, or psychosurgery or for admission to a<br>state mental health facility for a period of more than forty-five days without a mental<br>health proceeding or other court order.
5.
If a patient who is determined by a physician to be an incapacitated person, or a<br>person interested in the patient's welfare, objects to a determination of incapacity<br>made pursuant to this section, a court hearing pursuant to chapter 30.1-28 must be<br>held to determine the issue of incapacity.
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23-12-14. Copies of medical records.
1.
As used in this section, "health care provider" means a licensed individual or<br>licensed facility providing health care services. Upon the request of a health care<br>provider's patient or any person authorized by a patient, the provider shall provide a<br>free copy of a patient's health care records to a health care provider designated by<br>the patient or the person authorized by the patient if the records are requested for<br>the purpose of transferring that patient's health care to another health care provider<br>for the continuation of treatment.
2.
Except as provided in subsection 1, upon the request for medical records with the<br>signed authorization of the patient, the health care provider shall provide medical<br>records at a charge of no more than twenty dollars for the first twenty-five pages and<br>seventy-five cents per page after twenty-five pages.
This charge includes any
administration fee, retrieval fee, and postage expense.
23-12-15.
State agency provision of medical equipment - Policy for reuse,
recycling, or resale. If a state agency uses state funds to provide free medical equipment to an<br>individual, that state agency shall establish a policy addressing the possible reuse, recycling, or<br>resale value of the medical equipment upon replacement of the medical equipment by that state<br>agency or upon disuse of the medical equipment by the individual.
23-12-16. Right to breastfeed. If the woman acts in a discreet and modest manner, a
woman may breastfeed her child in any location, public or private, where the woman and child<br>are otherwise authorized to be.
23-12-17. Workplace breastfeeding policies - Infant friendly designation.
1.
An employer may use the designation "infant friendly" on its promotional materials if<br>the employer adopts a workplace breastfeeding policy that includes the following:
a.
Flexible work scheduling, including scheduling breaks and permitting work<br>patterns that provide time for expression of breast milk;
b.
A convenient, sanitary, safe, and private location, other than a restroom,<br>allowing privacy for breastfeeding or expressing breast milk;
c.
A convenient clean and safe water source with facilities for washing hands and<br>rinsing breast-pumping equipment located in the private location specified in<br>subdivision b; and
d.
A convenient hygienic refrigerator in the workplace for the temporary storage of<br>the mother's breast milk.
2.
The state department of health shall establish guidelines for employers concerning<br>workplace breastfeeding and infant friendly designations.
23-12-18. Medical facility and provider performance reviews and ratings - Notice.
1.
If a medical facility or provider in this state has a performance review that results in<br>the receipt of a rating, and at any time pays a fee to the person completing the<br>rating, the medical facility or provider shall include a public notice in any promotional<br>or marketing activities referring to the rating information stating that the medical<br>facility or provider made a payment and stating the amount of that payment made to<br>the person performing the rating.
2.
Subsection 1 does not apply to a performance review required to maintain licensure<br>or accreditation by governmental or third-party payers or to maintain accreditation by<br>a quality assurance organization.
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Document Outline
chapter 23-12 public health, miscellaneous provisions
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