Bill Summary – FastDemocracy

8144.01000
     Sixty-eighth
     Legislative Assembly                   HOUSE BILL NO. 1165
     of North Dakota
     Introduced by
       Representative M. Ruby
  A BILL for an Act to create and enact three new sections to chapter 23-01 of the North Dakota
  Century Code, relating to powers and duties of the department of health and human services
  public health division, central public health laboratory, and surge staffing; to amend and reenact
  subdivision p of subsection 1 of section 11-16-01, section 14-13-03, subsection 2 of section
  15-52-03, section 16.1-02-06, subsection 2 of section 19-24.1-38, sections 23-01-03.1,
  23-01-03.3, 23-01-04.3, 23-01-05, and 23-01-05.1, subsection 3 of section 23-01-05.3, sections
  23-01-05.4, 23-01-08, 23-01-08.1, and 23-01-12, subsection 3 of section 23-01-44, sections
  23-01.2-01, 23-01.2-03, and 23-01.2-04, subsection 8 of section 23-01.3-01, subsection 1 of
  section 23-01.3-06, section 23-01.3-08, subsections 8, 17, and 21 of section 23-02.1-01,
 sections 23-02.1-02 and 23-02.1-03, subsection 4 of section 23-07-02.3, sections 23-07-15,
 23-07.2-01, and 23-09.4-08, subsection 4 of section 23-10-03, section 23-10-06, subsection 2
 of section 23-10-06.1, sections 23-10-12, 23-16-05, 23-16-06, 23-16-10, 23-16-11, 23-17-08,
 23-17.6-01, 23-17.6-02, 23-17.6-04, 23-17.6-06, 23-17.7-03, 23-23-03, 23-24-01, 23-24-02,
 23-24-02.1, 23-24-06, 23-27-03, and 23-27-04.7, subsection 3 of section 23-27-04.9, sections
 23-35.1-02, 23-35.1-03, and 23-36-08, subsection 1 of section 23-38.1-02, section 23-43-01,
 subsection 3 of section 23-43-05, section 23-46-02, subsection 1 of section 23-47-03,
 subsection 7 of section 25-01-01, subsection 1 of section 25-01-01.1, subsection 3 of section
 25-02-01.1, sections 25-03.1-34.1, 25-03.3-01, 25-03.3-12, 25-03.3-13, 25-03.3-14, 25-03.3-17,
 25-03.3-18, 25-03.3-18.1, 25-03.3-24, 25-04-08.1, and 25-11-02, subsection 2 of section
 37-17.4-01, sections 43-10-02, 43-12.3-01, 43-12.3-02, 43-12.3-03, 43-12.3-04, 43-12.3-05,
 43-12.3-06, and 43-12.3-07, subsection 14 of section 43-15-10, sections 43-28.1-01,
 43-28.1-03, 43-28.1-05, 43-28.1-07, 43-28.1-08, 43-28.1-09, 43-29.1-01, and 43-29.1-02,
 subsection 1 of section 43-29.1-03, sections 43-29.1-04, 43-29.1-05, and 43-29.1-06,
 subsection 5 of section 43-29.1-07, section 43-29.1-08, 43-34-02, 43-38-01, 43-38-02, and
 43-38-03, subsection 1 of section 43-43-01, sections 43-43-03 and 43-43-05, subsection 10 of
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  section 50-01.1-06, sections 50-06-01.1, 50-06-01.3, and 50-06-01.4, subsection 3 of section
  50-06-05.3, sections 50-06-05.5, 50-06-05.8, 50-06-06.6, 50-06-30, 50-06-31, and 50-06-32,
  subsection 1 of section 50-06-43.2, subsection 4 of section 50-06.1-01, subsection 7 of section
  50-10.1-03, subsection 1 of section 50-11.1-25, sections 50-21-02, 50-21-04, and 50-24.6-02,
  subsection 3 of section 50-25.1-04.1, subsection 1 of section 50-28-04, subsection 1 of section
  50-28-05, subsection 2 of section 50-35-01, section 54-44.3-31, subsection 1 of section
  54-07-01.2, section 54-46-13, subsection 1 of section 54-59-25, and sections 54-59-33 and
  57-60-03 of the North Dakota Century Code, relating to the powers and duties of the
  department of health and human services, state health officer, state health council and the
 executive director of the department of health and human services; and to repeal sections
 23-01-01, 23-01-02, 23-01-03, 23-01-06, and 23-07-07 of the North Dakota Century Code,
 relating to the health division, state health council, a biennial report, and reporting sexually
 transmitted diseases.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
     SECTION 1. AMENDMENT. Subdivision p of subsection 1 of section 11-16-01 of the North
 Dakota Century Code is amended and reenacted as follows:
           p.   Institute and defend proceedings under sections 14-09-12 and 14-09-19 and
                chapters 14-15, 27-20.1, 27-20.2, 27-20.3, 27-20.4, and 50-01 upon consultation
                with the human service zone director or the executive directorcommissioner of
                the department of health and human services or designee.
     SECTION 2. AMENDMENT. Section 14-13-03 of the North Dakota Century Code is
 amended and reenacted as follows:
     14-13-03. Definitions.
     In this chapter, unless the context or subject matter otherwise requires:
     1.    "Appropriate authority in the receiving state" as used in paragraph 1 of article V of the
           compact with reference to this state means the executive directorcommissioner of the
           department of health and human services or designee.
     2.    "Appropriate public authorities" as used in article III of the compact with reference to
           this state means the department of health and human services, and the department
           shall receive and act with reference to notices required by article III.
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      SECTION 3. AMENDMENT. Subsection 2 of section 15-52-03 of the North Dakota Century
  Code is amended and reenacted as follows:
      2.   The council consists of sixteen members:
           a.   (1)   Two members of the senate, one of whom must be from the majority party
                      and one of whom must be from the minority party, selected by the chairman
                      of the legislative management;
                (2)   Two members of the house of representatives, one of whom must be from
                      the majority party and one of whom must be from the minority party, to be
                      selected by the chairman of the legislative management; and
               (3)   Two members of the department of health and human services, of which
                     one member is appointed by the state health officer or designee;
          b.   One member selected by each of the following:
               (1)   The state board of higher education;
               (2)   The North Dakota medical association;
               (3)   The North Dakota hospital association;
               (4)   The veterans administration hospital in Fargo;
               (5)   The North Dakota center for nursing; and
               (6)   The university of North Dakota center for rural health; and
          c.   Four members selected by the dean of the university of North Dakota school of
               medicine and health sciences, one from each of the four campuses of the school
               of medicine and health sciences with headquarters in Bismarck, Fargo, Grand
               Forks, and Minot.
     SECTION 4. AMENDMENT. Section 16.1-02-06 of the North Dakota Century Code is
 amended and reenacted as follows:
     16.1-02-06. Reporting deceased individuals and changes of names - Changes to
 records in the central voter file.
     1.   The state health officerdepartment of health and human services shall provide for the
          regular reporting to the secretary of state the name, address, date of birth, and county
          of residence, if available, of each individual eighteen years of age or older who has
          died while maintaining residence in this state since the last report. Within thirty days
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           after receiving a report, the secretary of state shall designate each individual included
           in the report as "deceased" in the central voter file.
      2.   The state health officerdepartment of health and human services shall provide for the
           regular reporting to the secretary of state the name, address, date of birth, and county
           of residence, if available, of each individual eighteen years of age or older whose
           name was changed by marriage since the last report.
      3.   After receiving notice of death of an individual who has died outside the county, the
           county auditor shall designate that individual as "deceased" in the central voter file.
           Notice must be in the form of a printed obituary or a written statement signed by an
          individual having knowledge of the death of the individual.
    SECTION 5. AMENDMENT. Subsection 2 of section 19-24.1-38 of the North Dakota
 Century Code is amended and reenacted as follows:
     2.   The chairman of the legislative management shall appoint two members of the
          legislative assembly to serve on the advisory board, one member from each chamber.
          The legislative council shall pay the compensation and expense reimbursement for the
          legislative members. The terms of members of the appointed advisory board are for
          two years and members may be reappointed by the appointing entity. The state health
          officer or designee shall serve as an ex officio voting member and as chairman of the
          advisory board.
    SECTION 6. AMENDMENT. Section 23-01-03.1 of the North Dakota Century Code is
 amended and reenacted as follows:
    23-01-03.1. Newborn metabolic and genetic disease screening tests.
     1.   The department of health and human services shall adopt rules relating to the storage,
          maintenance, and disposal of blood spots or other newborn screening specimens.
     2.   The health councilstate health officer shall specify a panel of metabolic diseases and
          genetic diseases for which newborn screening must be performed. The screening
          panel must include disorders and diseases selected by the state health officer with
          input from an advisory committee that is approved by the health council.
    SECTION 7. AMENDMENT. Section 23-01-03.3 of the North Dakota Century Code is
 amended and reenacted as follows:
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     23-01-03.3. Long-term care nursing scholarship and loan repayment grant program.
      1.   The state health councildepartment of health and human services, in cooperation with
           the North Dakota long term care association, shall administer the long-term care
           nursing scholarship and loan repayment grant program. The purpose of the program is
           to provide matching funds to nursing facilities for the facilities to use in recruiting and
           retaining nurses by providing scholarships to nursing facility staff and other individuals
           to obtain a nursing education and by assisting in the repayment of student loans for
           licensed nurses employed in a nursing facility. The department of health and human
           services shall adopt rules necessary to administer the program, including rules
          establishing criteria regarding eligibility for and distribution of program grants.
     2.   An applicant for a program grant shall establish that the applicant:
          a.    Is a licensed nursing facility;
          b.    Has available matching funds equal to the amount of the grant request; and
          c.    Meets the eligibility criteria established by rule.
     3.   An eligible applicant may receive a program grant not exceeding five thousand five
          hundred dollars in the first year of the biennium. Any funds appropriated by the
          legislative assembly for the grant program which are remaining after the first year of
          the biennium may be distributed to eligible applicants in the second year of the
          biennium in any amount determined by the state health councildepartment of health
          and human services.
    SECTION 8. AMENDMENT. Section 23-01-04.3 of the North Dakota Century Code is
 amended and reenacted as follows:
    23-01-04.3. Alternative health care services pilot project - Application - Notice -
 Hearing - Approval - Duration.
     1.   At any time that the health care needs of a city, township, or other geographic area are
          not being adequately met, any person may apply to the state health councildepartment
          of health and human services for approval to conduct an alternative health care
          services pilot project. The application must address the need for and benefits of the
          pilot project. It must also contain a detailed description of the nature and scope of the
          project, quality control, organization, accountability, responsibility, and financial
          feasibility.
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      2.   Upon receipt of an application under subsection 1, the state health councildepartment
           of health and human services shall schedule a public hearing, send notice to all
           interested parties, and give public notice of the hearing by publication in the official
           newspaper of each county in the pilot project area. At the hearing, the
           councildepartment of health and human services shall accept written and oral
           testimony. The councildepartment of health and human services shall review the
           application and all testimony presented at the hearing and approve, disapprove, or
           modify and approve the application based on criteria established by the
           councildepartment of health and human services. The criteria must address the
          availability and use of health personnel, facilities, and services.
     3.   Notwithstanding any other provisions of law, upon approval of an application submitted
          under subsection 1, the state health councildepartment of health and human services,
          in consultation with the state health officer and any other public or private entity
          consulted by the state health councildepartment of health and human services, shall
          set the standards for the delivery of health care services by the pilot project. The
          standards may not adversely affect the state's participation in federal Medicare and
          Medicaid programs. No more than three separate projects may be operational at any
          time and no project may be operational for longer than five years.
    SECTION 9. AMENDMENT. Section 23-01-05 of the North Dakota Century Code is
 amended and reenacted as follows:
    23-01-05. Health officer - Qualifications, salary, term, duties.
     1.   The governor shall appoint the state health officer who at the time of appointment
          must be a physician with substantive private or public administrative experience and
          public health experience. The state health officer is entitled to receive a salary
          commensurate with that individual's training and experience. The governor shall set
          the salary of the state health officer within the limits of legislative appropriations to the
          department.
     2.   The state health officer is entitled to receive all necessary traveling expenses incurred
          in the performance of official business.
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      3.   The state health officer may not engage in any other occupation or business that may
           conflict with the statutory duties of the state health officer and holds office for a term of
           four years.
      4.   If the office of the state health officer is filled temporarily, the governor shall appoint at
           least three licensed physicians recommended by the state medical association to
           serve as an advisory committee to the state health officer. Each member of the
           advisory committee is entitled to receive reimbursement of expenses in performing
           official duties in amounts provided by law for other state officers. The term of the
           advisory committee coincides with the term of the state health officer. A committee
          member serves at the pleasure of the governor.
     5.   The duties of the state health officer are as follows:
     1.   Enforce all regulations as promulgated by the health council and all rules adopted by
          the department of health and human services.
     2.   Hold public health unit boards of health responsible for enforcement of state rules,
          serve
          a.   Provide strategy and policy advice to improve health and wellness.
          b.   Serve in an advisory capacity tofor local public health unit boards of health, and
               provide for coordination oflocal health activitiesofficers.
     3.Establish and enforce minimum standards of performance of the work of the local
               department of health.
     4.   Study health problems and plan for their solution as may be necessary.
     5.   Collect, tabulate, and publish vital statistics for each important political or health
          administrative unit of the state and for the state as a whole.
     6.   c.   Promote the development of local health services and recommend the allocation
               of health funds to local jurisdictions subject to the approval of the health council.
     7.Collect and distribute health education material.
     8.   Maintain a central public health laboratory and where necessary, branch laboratories
          for the standard function of diagnostic, sanitary and chemical examinations, and
          production and procurement of therapeutic and biological preparations for the
          p