2016 North Dakota Century Code Title 54 State Government Chapter 54-59 Information Technology Department
Download as PDF
CHAPTER 54-59
INFORMATION TECHNOLOGY DEPARTMENT
54-59-01. Definitions.
As used in this chapter:
1. "Agency" or "entity" does not include any agricultural commodity promotion group or
any occupational or professional board.
2. "Department" means the information technology department.
3. "Information technology" means the use of hardware, software, services, and
supporting infrastructure to manage and deliver information using voice, data, and
video.
4. "Network services" means the equipment, software, and services necessary to
transmit voice, data, or video.
54-59-02. Information technology department - Responsibility - Public policy.
The information technology department is established with the responsibility for all wide
area network services planning, selection, and implementation for all state agencies, including
institutions under the control of the board of higher education, counties, cities, and school
districts in this state. With respect to a county, city, or school district, wide area network services
are those services necessary to transmit voice, data, or video outside the county, city, or school
district. In exercising its powers and duties, the department is responsible for computer support
services, host software development, statewide communications services, standards for
providing information to other state agencies and the public through the internet, technology
planning, process redesign, and quality assurance. The department may not exercise its powers
and duties in a manner that competes or otherwise interferes with the provision of
telecommunications service to a private, charitable, or nonprofit entity by a privately or
cooperatively owned telecommunications company.
54-59-02.1. Prioritization of proposed major information technology projects.
The department shall submit information regarding proposed major information technology
projects for executive branch state agencies, departments, and institutions, excluding
institutions under control of the state board of higher education and agencies of the judicial and
legislative branches to the state information technology advisory committee. The committee
shall review the projects and rank those projects that receive the committee's affirmative
recommendation. The chief information officer shall submit recommendations of the committee
regarding the prioritization of major information technology projects to the information
technology committee, the office of management and budget, and the appropriations
committees of the legislative assembly. The judicial and legislative branches shall notify
biennially the committee on their major information technology projects and priorities.
54-59-03. Chief information officer of the state.
The governor shall appoint the chief information officer of the state. The governor shall
appoint the chief information officer on the basis of education, experience, and other
qualifications in information technology and administration. The position of chief information
officer is not a classified position. The chief information officer serves at the pleasure of the
governor. The governor shall set the salary of the chief information officer within the limits of
legislative appropriations.
54-59-04. Duties of chief information officer.
The chief information officer shall:
1. Administer the department.
2. Employ any personnel determined to be necessary to carry out the responsibilities of
the department and duties as prescribed by law.
Page No. 1
3.
Fix the salaries of all employees within the department, within the limits of legislative
appropriation. All personnel within the department are entitled to actual and necessary
travel expenses at the same rate as for other employees of the state.
54-59-05. Powers and duties of department.
The department:
1. Shall provide, supervise, and regulate information technology of all executive branch
state entities, excluding the institutions under the control of the board of higher
education.
2. Shall provide network services in a way that ensures the network requirements of a
single entity do not adversely affect the functionality of the whole network, facilitates
open communications with the citizens of the state, minimizes the state's investment in
human resources, accommodates an ever-increasing amount of traffic, supports rapid
detection and resolution of problems, protects the network infrastructure from damage
and security breaches, provides for the aggregation of data, voice, video, and
multimedia into a statewide transport mechanism or backbone, and provides for the
network support for the entity to carry out its mission.
3. May review and approve additional network services that are not provided by the
department.
4. May purchase, finance the purchase, or lease equipment, software, or implementation
services or replace, including by trade or resale, equipment or software as may be
necessary to carry out this chapter. An agreement to finance the purchase of software,
equipment, or implementation services may not exceed a period of five years. The
department shall submit any intended financing proposal for the purchase of software,
equipment, or implementation services under this subsection, which is in excess of
one million dollars, to the budget section of the legislative management or the
legislative assembly before executing a financing agreement. If the budget section or
the legislative assembly does not approve the execution of a financing agreement, the
department may not proceed with the proposed financing arrangement. The
department may finance the purchase of software, equipment, or implementation
services only to the extent the purchase amount does not exceed seven and one-half
percent of the amount appropriated to the department during that biennium.
5. Shall review requests for lease, purchase, or other contractual acquisition of
information technology as required by this subsection. Each executive branch agency
or institution, excluding the institutions under the control of the board of higher
education, shall submit to the department, in accordance with guidelines established
by the department, a written request for the lease, purchase, or other contractual
acquisition of information technology. The department shall review requests for
conformance with the requesting entity's information technology plan and compliance
with statewide policies and standards. If the request is not in conformance or
compliance, the department may disapprove the request or require justification for the
departure from the plan or statewide policy or standard.
6. Shall provide information technology, including assistance and advisory service, to the
executive, legislative, and judicial branches. If the department is unable to fulfill a
request for service from the legislative or judicial branch, the information technology
may be procured by the legislative or judicial branch within the limits of legislative
appropriations.
7. Shall request and review information, including project startup information
summarizing the project description, project objectives, business need or problem,
cost-benefit analysis, and project risks and a project closeout information summarizing
the project objectives achieved, project budget and schedule variances, and lessons
learned, regarding any major information technology project of an executive branch
agency. The department shall present the information to the information technology
committee on request of the committee.
8. May request and review information regarding any information technology project of an
executive branch agency with a total cost of between one hundred thousand and five
Page No. 2
9.
10.
11.
12.
13.
14.
15.
hundred thousand dollars as determined necessary by the department. The
department shall present the information to the information technology committee on
request of the committee.
Shall study emerging technology and evaluate its impact on the state's system of
information technology.
Shall develop guidelines for reports to be provided by each agency of the executive,
legislative, and judicial branches, excluding the institutions under the control of the
board of higher education, on information technology in those entities.
Shall collaborate with the state board of higher education on guidelines for reports to
be provided by institutions under control of the state board of higher education on
information technology in those entities.
Shall perform all other duties necessary to carry out this chapter.
May provide wide area network services to a state agency, city, county, school district,
or other political subdivision of this state. The information technology department may
not provide wide area network service to any private, charitable, or nonprofit entity
except the information technology department may continue to provide the wide area
network service the department provided to the private, charitable, and nonprofit
entities receiving services from the department on January 1, 2003.
Shall assure proper measures for security, firewalls, and internet protocol addressing
at the state's interface with other facilities.
Notwithstanding subsection 13, may provide wide area network services for a period
not to exceed four years to an occupant of a technology park associated with an
institution of higher education or to a business located in a business incubator
associated with an institution of higher education.
54-59-06. Business plan.
The department shall develop and maintain a business plan. The business plan must:
1. Define the department's overall organization, mission, and delivery of services.
2. Define the department's short-term and long-term goals and objectives based on
customer needs.
3. Outline the strategies and activities necessary to meet the goals and objectives of the
department while improving the efficiency of the department and improving service to
customers.
4. Define rates and funding mechanisms necessary to finance the proposed activities of
the department.
5. Define a method for evaluating progress toward the goals outlined in the business
plan.
6. Determine the specific strategies and processes to ensure that agencies share
information, systems, and the statewide network.
7. Address the processes that will be put in place to ensure that the department
exercises its powers and duties with minimal delay, cost, and procedural burden to an
entity receiving services from the department; to ensure that the department provides
prompt, high-quality services to an entity receiving services from the department; to
ensure that an entity receiving services from the department is aware of the
technology available and to ensure training on its use; and to foster information
technology innovation by state entities.
54-59-07. State information technology advisory committee.
The state information technology advisory committee consists of the chief information
officer; the commissioner of higher education or the commissioner's designee; the attorney
general or the attorney general's designee; the secretary of state or the secretary of state's
designee; the tax commissioner or the commissioner's designee; the chief justice of the
supreme court or the chief justice's designee; two members of the legislative assembly
appointed by the legislative management; a minimum of eight members representing state
agencies, appointed by the governor; and two members with technology management expertise
representing private industry, appointed by the governor. The appointees of the governor serve
Page No. 3
at the pleasure of the governor. The governor shall designate the chairman of the committee.
Additional members may be asked to participate at the request of the chairman. The department
shall provide staff services to the committee. The members of the committee representing
private industry are entitled to be compensated for time spent in attendance at meetings of the
committee and for other travel as approved by the chairman of the committee at the rate of
sixty-two dollars and fifty cents per day and are entitled to reimbursement for actual and
necessary expenses incurred in the same manner as other state officials. The compensation
and expenses are to be paid from appropriations for the department. The committee shall
advise the department regarding statewide information technology planning and budgeting,
services of the information technology department, and statewide information technology
initiatives and policy and shall review reports on major information technology projects as
required by this chapter and policies, standards, and guidelines developed by the department.
The chief information officer shall submit recommendations of the committee regarding
information technology issues to the information technology committee for its consideration.
54-59-08. Required use of wide area network services.
Each state agency and institution that desires access to wide area network services and
each county, city, and school district that desires access to wide area network services to
transmit voice, data, or video outside that county, city, or school district shall obtain those
services from the department. The chief information officer may exempt from the application of
this section a county, city, or school district that demonstrates its current wide area network
services are more cost-effective for or more appropriate for the specific needs of that county,
city, or school district than wide area network services available from the department. For
purposes of enhanced 911 and next generation 911 communications services, governmental
entities are exempt from the provisions of this section. In selecting enhanced 911 and next
generation 911 communication network providers, governmental entities shall select providers
that are cost-effective, demonstrably reliable, and which follow interoperable standards set by
the emergency services communications coordinating committee.
54-59-09. Information technology standards.
Based on information from state agencies and institutions, the department and the office of
management and budget shall develop statewide information technology policies, standards,
and guidelines. The policies, standards, and guidelines must recognize the uniqueness of
certain agencies and state which agencies are included or exempted from the policies,
standards, and guidelines. The policies, standards, and guidelines must be reviewed by the
state information technology advisory committee. Each executive branch state agency and
institution, excluding the institutions under the control of the board of higher education, shall
comply with the policies and standards developed by the department and the office of
management and budget unless the chief information officer exempts an agency from the
policies, standards, and guidelines to address situations unique to that agency. Unless an
exemption is granted by the chief information officer, each entity receiving wide area network
services provided by the department shall comply with the policies and standards developed by
the department with respect to access to or use of wide area network services.
54-59-10. Information technology coordinators.
Each agency or institution shall appoint an information technology coordinator. The
coordinator shall maintain liaison with the department and assist the department in areas related
to making the most economical use of information technology.
54-59-11. Information technology plans.
Each executive branch state agency or institution, excluding the institutions under the
control of the board of higher education, unless the chief information officer grants an
exemption, shall participate in the information technology planning process based on guidelines
developed by the department. The plan must be submitted to the department by August fifteenth
of each even-numbered year unless the chief information officer grants an extension. The
Page No. 4
department shall review each entity's plan for compliance with statewide information technology
policies and standards and may require an entity to change its plan to comply with statewide
policies or standards or to resolve conflicting directions among plans. Agencies of the judicial
and legislative branches shall file their information technology plans with the department by
August fifteenth of each even-numbered year. Based on the plans, the department shall prepare
a statewide information technology plan and distribute copies of that plan to members of the
legislative assembly as requested by the legislative council. The statewide information
technology plan must be developed with emphasis on long-term strategic goals, objectives, and
accomplishments.
54-59-11.1. Information technology project planning.
Each executive branch state agency, excluding entities under the control of the state board
of higher education, considering the development of an information technology project with an
estimated cost of one hundred thousand dollars or more shall involve the information technology
department in the planning and study of the project. A state agency must receive a
recommendation from the information technology department prior to proceeding with any study
relating to the project.
54-59-12. Coordination of activities - Reports.
The department shall cooperate with each state entity providing access to any computer
database or electronically filed or stored information under subsection 4 of section 44-04-18 to
assist in providing economical, efficient, and compatible access. The chief information officer
shall conduct conferences and meetings with political subdivisions to review and coordinate
information technology. The chief information officer and the chief information officer of the
North Dakota university system shall meet at least twice each year to plan and coordinate their
information technology. The chief information officer and the chief information officer of the
North Dakota university system shall consider areas in which joint or coordinated information
technology may result in more efficient and effective state government operations. Upon
request, the chief information officer shall report to the legislative management regarding the
coordination of services with political subdivisions, and the chief information officer and the chief
information officer of the North Dakota university system shall report to the legislative
management regarding their findings and recommendations.
54-59-13. Compliance reviews.
Repealed by S.L. 2003, ch. 665, § 21.
54-59-14. Information technology operating account.
The department shall establish a state information technology operating account in the state
treasury to be used, in accordance with legislative appropriation, for procuring and maintaining
information technology and network services and for providing information technology, network
services, and central microfilm unit services to state entities and network services to users of
the state network. Unless exempted by law, each agency or institution provided with information
technology or network services shall pay to the department the charges as determined by the
department. The department shall deposit the amounts received in the information technology
operating account or the information technology development account, as appropriate.
54-59-15. Acceptance of funds.
The department may accept federal or other funds, which must be deposited in the
information technology operating account or other accounts specified by the office of
management and budget and which may be spent subject to legislative appropriation. The
department may apply for any public or private grants available for the improvement of
information technology.
Page No. 5
54-59-16. Confidentiality.
The department may receive from various agencies and various agencies may provide to
the department any information from the agencies necessary to effect the purposes of this
chapter without regard to the confidential nature of the information. Each agency shall notify the
department regarding the confidential nature of any information submitted to the department.
The department is subject to the same restrictions and penalties regarding the dissemination of
this information as the entity involved. Except for a request for access authorized by section
54-10-22.1 or a request to access information collected to carry out section 54-59-09, 54-59-11,
or 54-59-13, the department shall refer a request for access to or inspection of information
provided by an agency to that agency for response. Referral to the agency satisfies any
responsibility of the department to provide that information under open records requirements.
Upon court order, the department shall provide access to or inspection of this information in
accordance with restrictions of that entity involved governing dissemination of that information.
54-59-17. Educational technology council - Meetings - Compensation.
1. The educational technology council is responsible for coordinating educational
technology initiatives for elementary and secondary education.
2. The educational technology council consists of:
a. The chief information officer.
b. The superintendent of public instruction or the superintendent's designee.
c. The commissioner of higher education or the commissioner's designee.
d. A representative appointed by the state board for career and technical education.
e. A representative appointed by the governor from a list of three nominees
submitted by the North Dakota association of technology leaders.
f. A representative appointed by the governor from a list of three nominees
submitted by the North Dakota council of educational leaders.
g. A representative appointed by the governor from a list of three nominees
submitted by the North Dakota school boards association.
h. A representative appointed by the governor from a list of three nominees
submitted by the North Dakota association of special education directors.
i. A school district representative who is appointed by the governor and who
represents a school district that has an enrollment in kindergarten through grade
twelve of fewer than four hundred.
j. A school district representative who is appointed by the governor, who is licensed
to teach by the educational standards and practices board, and who is employed
by a public school district in this state as a classroom teacher.
k. The director of technology for the department of public instruction.
l. A representative appointed by the governor from a list of three nominees
submitted by the state association of non public schools.
3. The council shall select a chairman from among its members.
4. The term of office for the members appointed by the governor is four years.
5. The members of the educational technology council appointed by the governor are
entitled to receive as compensation sixty-two dollars and fifty cents per day and to
reimbursement of expenses as provided by law for state officers while attending
meetings of the council.
54-59-18. North Dakota educational technology council - Powers and duties.
The educational technology council shall:
1. Coordinate the use of technology and the development of technology systems to
enhance educational opportunities for elementary and secondary education.
2. Cooperate with state agencies and other organizations to develop statewide
educational technology systems.
3. Adopt bylaws for the conduct of its affairs.
4. Publish the informational material it deems necessary.
Page No. 6
5.
6.
7.
8.
Conduct a continuing study to assess the needs, resources, and facilities that are
available or which may be required to establish educational technology systems
throughout the state.
Solicit and receive moneys from public and private sources and expend the moneys
for educational technology.
Appoint a technology director who shall serve at the will of the council.
Hire the director of the center for distance education.
54-59-19. Information technology department annual report.
The department shall prepare and present an annual report to the information technology
committee. In addition to the presentation of the annual report to the information technology
committee, the department shall present a summary of the annual report to the budget section.
The report must contain:
1. A list of all projects for which financing agreements have been executed.
2. A comparison of the department's rates charged for services compared to rates
charged for comparable services in other states and in the private sector.
3. Information regarding the delivery of services to agencies, including service
dependability, agency complaints, and information technology department
responsiveness.
4. A description of the status and progress of programs established pursuant to chapter
54-46 and as specifically required by section 54-46-11.
54-59-20. Security background information.
The chief information officer shall require as a condition of employment with the department
that individuals who have unescorted physical access to the facilities or other security-sensitive
areas of the department designated by the chief information officer submit to a criminal history
record check in accordance with section 12-60-24. The chief information officer may require as
a condition of contracting with the department or other state agency or department with respect
to an information technology project that any individual employed by the contractor or a
subcontractor to perform the work under the contract submit to a criminal history record check in
accordance with section 12-60-24.
54-59-21. Criminal justice information sharing board - Membership - Duties and
powers - Director - Exempt records.
Repealed by S.L. 2015, ch. 37, § 15.
54-59-22. Required use of electronic mail, file and print server administration,
database administration, application server, and hosting services.
Each state agency and institution, excluding the legislative and judicial branches, the
institutions under the control of the state board of higher education, the attorney general, and
any entity exempted by the office of management and budget after advisement by the
information technology department, shall obtain electronic mail, file and print server
administration, database administration, storage, application server, and hosting services
through a delivery system established by the information technology department in conjunction
with the office of management and budget. The office of management and budget, after
receiving advice from the information technology department, shall establish policies and
guidelines for the delivery of services, including the transition from existing systems to functional
consolidation, with consideration given to the creation of efficiencies, cost-savings, and
improved quality of service.
54-59-22.1. Required use of centralized desktop support services.
1. The following state agencies shall obtain centralized desktop support services from the
information technology department:
a. Office of administrative hearings.
b. Office of the governor.
Page No. 7
2.
c. Commission on legal counsel for indigents.
d. Public employees retirement system.
e. North Dakota university system office.
f. Department of career and technical education.
g. Department of financial institutions.
h. Department of veterans' affairs.
i. Aeronautics commission.
j. Tobacco prevention and control executive committee.
k. Council on the arts.
l. Agriculture commissioner.
m. Department of labor and human rights.
n. Indian affairs commission.
o. Protection and advocacy project.
p. Secretary of state.
q. State treasurer.
r. State auditor.
s. Securities department.
The office of management and budget, after receiving advice from the information
technology department, shall establish policies and guidelines for the delivery of
desktop support services, including the transition from existing systems to functional
consolidation, with consideration given to the creation of efficiencies, cost-savings, and
improved quality of service. For purposes of this section "desktop support services"
means technical assistance and device management relating to the use of personal
computers and peripheral devices.
54-59-23. Information technology projects - Reports.
1. An executive, legislative, or judicial branch agency, except for institutions under the
control of the state board of higher education, shall report to the state information
technology advisory committee according to guidelines developed by the department
and reviewed by the state information technology advisory committee regarding the
plan for and status of any information technology project that is estimated to cost more
than five hundred thousand dollars.
2. During the life of the project, the agency shall notify the state information technology
advisory committee if:
a. At a project milestone, the amount expended on project costs exceeds the
planned budget for that milestone by twenty percent or more; or
b. At a project milestone, the project schedule extends beyond the planned
schedule to attain that milestone by twenty percent or more.
3. A report under subsection 2 must specify corrective measures being undertaken to
address any cost or time of completion issue. If the agency has not taken adequate
corrective measures within ninety days after the report, the agency shall submit a
report to the legislative management's information technology committee regarding the
project.
4. Upon completion of the project, the agency shall notify the state information
technology advisory committee if:
a. The budget for the project exceeded the original budget by twenty percent or
more; or
b. The final project completion date extended beyond the original project scheduled
completion date by twenty percent or more.
54-59-24. Borrowing authority - E-rate funding - Emergency commission approval.
Notwithstanding the limitations provided in section 54-59-05 and upon the approval of the
emergency commission, the department may borrow from the Bank of North Dakota an amount
necessary to pay telecommunications costs for connecting approved schools and libraries in the
event e-rate funding is not received by the department from the schools and libraries division of
the universal service administrative company. In addition to the principal repayment, the Bank of
Page No. 8
North Dakota is entitled to receive interest on the loan at a rate equal to other state agency
borrowings. If at the end of the biennium a balance exists on any loan obtained pursuant to this
section and funds are not anticipated to be available from the schools and libraries division of
the universal service administrative company to repay the loan, the department shall request a
deficiency appropriation from the legislative assembly to repay the loan.
54-59-25. Health information technology advisory committee - Duties.
1. The health information technology advisory committee consists of the state chief
information officer or the chief information officer's designee, the state health officer or
the state health officer's designee, the governor or the governor's designee, the
executive director of the department of human services or the executive director's
designee, the chairman of the house human services committee and the chairman of
the senate human services committee or if either or both of them are unwilling or
unable to serve then the chairman of the legislative management shall appoint a
replacement who is a member of the same legislative chamber as the individual being
replaced, and individuals appointed by the governor to represent a broad range of
public and private health information technology stakeholders. A committee member
who is not an ex officio member, designee of an ex officio member, state employee, or
legislator is entitled to mileage and expenses as provided by law for state officers and
employees, to be paid by the health information technology office. A committee
member who is an ex officio member, designee of an ex officio member, state
employee, or legislator is entitled to receive that member's regular salary and receive
mileage and expenses, to be paid by the employing agency.
2. The health information technology advisory committee shall collaborate with and make
recommendations to the health information technology office, as provided under
sections 6-09-43, 54-59-26, and 54-59-27.
3. As requested by the health information technology advisory committee, the
department shall provide or arrange for administrative services to assist the health
information technology advisory committee.
4. The health information technology advisory committee may employ an executive
director who serves at the pleasure of and under the direct supervision of the health
information technology advisory committee. The executive director may employ
personnel as necessary for the administration of this section.
5. The health information technology advisory committee may accept private
contributions, gifts, and grants from any source to carry out the purposes of the
committee and the health information technology office.
54-59-26. Health information technology office - Duties - Loan and grant programs.
1. The health information technology office is created in the department. The health
information technology advisory committee shall make recommendations to the health
information technology office for implementing an interoperable health information
infrastructure that is consistent with emerging national standards; promote the
adoption and use of electronic health records and other health information
technologies; and promote interoperability of health information systems for the
purpose of improving health care quality, patient safety, and the overall efficiency of
health care and public health services.
2. The health information technology office director, in collaboration with the health
information technology advisory committee, shall:
a. Apply for federal funds that may be available to assist the state and health care
providers in implementing and improving health information technology.
b. Implement and administer a health information exchange that utilizes information
infrastructure and systems in a secure and cost-effective manner to facilitate the
collection, storage, and transmission of health records.
c. Adopt rules under chapter 28-32 for the use of health information, use of the
health information exchange, and participation in the health information
exchange.
Page No. 9
d.
3.
Adopt rules under chapter 28-32 for accessing the health information exchange to
ensure appropriate and required privacy and security protections and relating to
the authority of the director to suspend, eliminate, or terminate the right to
participate in the health information exchange.
e. Establish a health information technology planning loan program to provide
low-interest loans to health care entities to assist those entities in improving their
health information technology infrastructure under section 6-09-43.
f. Facilitate and expand electronic health information exchange in the state, directly
or by awarding grants.
g. Establish an application process and eligibility criteria for and accept and process
applications for loans and grants under subdivisions e and f. The eligibility criteria
must be consistent with federal requirements associated with federal funds
received under subdivision a. The eligibility criteria for loans under subdivision f
must include a requirement that the recipient's approved health information
technology be strategically aligned with the state's health information technology
plan and the associated federal standards and that the recipient has passed an
onsite electronic medical record readiness assessment conducted by an
assessment team determined by the health information technology advisory
committee and the health information technology office director.
h. Determine fees and charges for access and participation in the health information
exchange. Any moneys collected under this subdivision must be deposited in the
electronic health information exchange fund.
i. Consult and coordinate with the state department of health and the department of
human services to facilitate the collection of health information from health care
providers and state agencies for public health purposes, including identifiable
health information that may be used by state agencies, departments, or
institutions to comply with applicable state or federal laws.
If the health information technology advisory committee determines that establishing a
health information exchange with another state or states will assist in providing health
information exchange services in a cost-effective manner, the health information
technology office director, in collaboration with the health information technology
advisory committee, may join with another state or states to establish, implement, and
administer a health information exchange consistent with other provisions of this
chapter.
54-59-27. Health information technology office - Electronic health information
exchange fund.
1. There is created an electronic health information exchange fund. The fund consists of
moneys deposited in the fund from federal or other sources or moneys transferred into
the fund as directed by the legislative assembly. The health information technology
office shall administer this fund and shall distribute moneys in the fund accordingly.
The moneys in the fund must be used to facilitate and expand electronic health
information exchange. Moneys in the fund may be used, subject to legislative
appropriations, to provide services directly, for grants as provided under this section,
and for the costs of administration of the fund.
2. A grant applicant shall submit an application to the health information technology
office, which shall determine the applicant's eligibility based upon criteria established
by the health information technology office director in collaboration with the health
information technology advisory committee.
3. This section does not create an entitlement to any funds available for grants under this
section. The health information technology office may award these grants to the extent
funds are available and, within the office's discretion, to the extent such applications
are approved.
Page No. 10
54-59-28. Participation in the health information exchange by executive branch state
agencies and institutions of higher education.
1. Before January 1, 2015, each executive branch state agency and each institution of
higher education that implements, acquires, or upgrades health information technology
systems shall use health information technology systems and products that meet
minimum standards adopted by the health information technology office for accessing
the health information exchange. A state agency or institution of higher education that
participates in or has health information that supports or develops the health
information exchange shall provide access to patient-specific data to complete the
patient record within the health information exchange. Notwithstanding any other
provision of law, each participating agency and institution shall provide patient-specific
data to the health information exchange.
2. Participation in the health information exchange by a state agency or institution has no
effect on the content, use, or disclosure of health information of patient participants
which is held in locations other than the exchange. This section does not limit or
change the obligation of an agency or institution to exchange health information in
accordance with other applicable federal and state laws or rules.
54-59-29. Health information exchange - Confidential and exempt records.
Information submitted to, stored in, or transmitted by the health information exchange under
this chapter and any such data or record in the possession of the health information technology
office is an exempt record under chapter 44-04 unless the information is confidential under
applicable federal or state law.
54-59-30. Immunity for reliance on data from the health information exchange.
A health care provider that relies in good faith upon any information provided through the
health information exchange in the treatment of a patient is immune from criminal or civil liability
arising from any damages caused by that good-faith reliance. The immunity granted under this
section does not apply to acts or omissions constituting gross negligence or reckless, wanton,
or intentional misconduct.
54-59-31. Certified electronic health records systems.
An executive branch state agency, an institution of higher education, and any health care
provider or other person participating in the health information exchange may use only an
electronic health record system for use in the exchange which is certified under rules adopted
by the office of the national coordinator for health information technology.
54-59-32. Major information technology projects - Appointment of executive steering
committees.
1. An executive branch state agency, excluding institutions under the control of the state
board of higher education, proposing to conduct a major information technology
project as described in subsection 10 of section 54-35-15.2, the department, and the
office of management and budget, in consultation with the attorney general, shall
collaborate on the procurement, contract negotiation, and contract administration of
the project. The agency, the department, and the office of management and budget, in
consultation with the attorney general, shall approve the solicitation, contract, or
agreement, and any amendments relating to the project before submission to the
executive steering committee as provided in subsection 3.
2. The procurement officer and primary project manager for a major information
technology project must meet the qualifications established by the department and the
office of management and budget.
3. An executive steering committee must be appointed to oversee each major information
technology project. The agency project sponsor shall serve as chairman of the
committee. The executive steering committee must consist of the director of the office
of management and budget or a designee of the director, the chief information officer
Page No. 11
4.
or a designee of the officer, the head of the agency contracting for the project or a
designee, the project sponsor, and a large project oversight analyst designated by the
chief information officer. The executive steering committee shall monitor the overall
status of the project and review project decisions, including negotiation and execution
of contracts, approval of project budgets, implementation of project schedules,
assessment of project quality, and consideration of scope changes. Any project
decision declared by a member of the committee to be a major project decision
requires at least four affirmative votes.
An agreement or contract, including an amendment, revision, or scope change, for a
major information technology project may not be entered unless signed by the head of
the contracting agency or a designee and the chief information officer or a designee of
the officer.
54-59-33. Statewide longitudinal data system committee - Membership.
1. The statewide longitudinal data system committee consists of:
a. The commissioner of the board of higher education or the commissioner's
designee;
b. The superintendent of public instruction or the superintendent's designee;
c. The chief information officer or the officer's designee;
d. The director of the department of career and technical education or the director's
designee;
e. The director of job service North Dakota or the director's designee;
f. The commissioner of commerce or the commissioner's designee;
g. The director of the department of human services or the director's designee;
h. The director of the North Dakota educational technology council;
i. The executive director of the North Dakota council of educational leaders or the
executive director's designee;
j. The director of the North Dakota workforce development council or the director's
designee; and
k. Two members of the legislative assembly appointed by the chairman of the
legislative management.
2. The governor shall designate the chairman of the committee.
54-59-34. Statewide longitudinal data system committee - Duties.
1. The statewide longitudinal data system committee shall manage a statewide
longitudinal data system that:
a. Provides for the dissemination of management information to stakeholders and
partners of state education, training, and employment systems; and
b. Uses data from educational and workforce systems as central sources of
statewide longitudinal data.
2. The statewide longitudinal data system committee shall establish policies and adopt
rules addressing access to and the collection, storage, and sharing of information and
the systems necessary to perform those functions, subject to applicable federal and
state privacy laws and interagency agreements and restrictions relating to confidential
information required to conform to applicable federal and state privacy laws.
3. The statewide longitudinal data system committee shall provide operational oversight
for information sharing activities and make recommendations for and provide oversight
of information sharing budgets.
4. The statewide longitudinal data system committee in consultation with the information
technology department shall:
a. Establish the terms and conditions under which a person may be authorized to
access data through the statewide longitudinal data system;
b. Direct that all statewide longitudinal data system administrators implement
approved data protection practices to ensure the security of electronic and
physical data, provided that the practices include requirements for encryption and
staff training;
Page No. 12
c.
d.
e.
f.
Provide for biennial privacy and security audits of the statewide longitudinal data
system;
Establish protocols, including procedures, for the notification of students and
parents in the event of a data breach involving the statewide longitudinal data
system;
Require that data retention and disposition by the statewide longitudinal data
system be governed by the same policies as those instituted for the information
technology department; and
Require the provision of annual training regarding data protection to any
individuals who have access to the statewide longitudinal data system, including
school district employees, employees of the North Dakota university system office
and institutions under the control of the state board of higher education, and
elected or appointed state or local governmental officials.
54-59-35. Statewide longitudinal data system committee - Powers.
1. The statewide longitudinal data system committee may authorize studies to benefit
and improve workforce training and education.
2. The statewide longitudinal data system committee may appoint additional work groups
and task forces to serve in an advisory capacity.
54-59-36. Statewide longitudinal data system committee - Report to legislative
management.
During each interim the statewide longitudinal data system committee shall provide a report
regarding the statewide longitudinal data system to one or more committees designated by the
legislative management and shall provide recommendations for further development, cost
proposals, proposals for legislation, and recommendations for data sharing governance.
54-59-37. Statewide longitudinal data system committee - Continuing appropriation.
The statewide longitudinal data system committee may solicit and receive gifts, grants, and
donations from public and private sources. Any moneys received in accordance with this section
are appropriated on a continuing basis for the support of the statewide longitudinal data system.
54-59-38. Statewide longitudinal data system committee - Information technology
department.
1. The information technology department, at the direction of the statewide longitudinal
data system committee, shall maintain a statewide longitudinal data system among
education, workforce, and training entities.
2. The information technology department and the statewide longitudinal data system
committee may, subject to federal and state privacy laws, enter interagency
agreements, including agreements designating authorized representatives of the
educational agencies participating in the system, pursuant to the Family Educational
Rights and Privacy Act [20 U.S.C. 1232G; 34 CFR 99].
3. The information technology department shall staff and provide other necessary support
to the statewide longitudinal data system committee.
54-59-39. State agencies - Mandatory provision of information - Confidentiality.
1. The information technology department may request from any state agency:
a. All information required by 20 U.S.C. 9871(e)(2)(D);
b. Any other educational information the statewide longitudinal data system
committee determines is required for a longitudinal data system to comply with
state or federal law; and
c. Unemployment insurance wage data from job service North Dakota for education
and workforce development program evaluations, except that job service North
Dakota may not disclose any data identifying an individual.
Page No. 13
2.
Subject to applicable restrictions on the use and disclosure of confidential information
required to comply with federal and state privacy laws, any state agency receiving a
request for information under subsection 1 shall provide the information at the time
and in the manner required by the information technology department.
Page No. 14
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
