Bill Summary – FastDemocracy

0097.02000
     Sixty-eighth
     Legislative Assembly                   SENATE BILL NO. 2227
     of North Dakota
     Introduced by
       Senators Lee, Dever, Hogan
       Representatives Nelson, M. Ruby, Weisz
  A BILL for an Act to amend and reenact sections 23-01-02 and 23-01-03 of the North Dakota
  Century Code, relating to the membership and duties of the health council.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 23-01-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      23-01-02. Health council - Members, terms of office, vacancies, compensation,
  officers, meetings.
      1.   The health council shall assure the coordination of the health division with all other
           health activities of the state. The health council consists of nineeleven members
          appointed by the governor including four persons from the health care field, and five
          persons representing consumer interests. The governor may select members to the
          council from recommendations submitted by trade, professional, and consumer
          organizations. On the expiration of the term of any member, the governor, in the
          manner provided by this section, shall appoint for a term of three years, persons to
          take the place of members whose terms on the council are about to expire. The
          officers of the council must be elected annually. Any state agency may serve in an
          advisory capacity to the health council at the discretion of the council. The council
          shall meet at least twice each year and at other times as the council or its chairman
          may direct. The health council shall have as standing committees any committees the
          council may find necessary. The chairman of the council shall select the members of
          these committees. The members of the council are entitled to receive compensation at
          the rate set for a member of the legislative assembly under subsection 1 of section
          54-03-20 and their necessary mileage and travel expenses as provided in sections
          44-08-04 and 54-06-09 while attending council meetings or in the performance of any
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           special duties as the council may direct. The per diem and expenses must be audited
           and paid in the manner in which the expenses of state officers are audited and paid.
           The compensation provided for in this section may not be paid to any member of the
           council who received salary or other compensation as a regular employee of the state,
           or any of its political subdivisions, or any institution or industry operated by the state:
           a.   One member representing tribal health, appointed by the director of the Indian
                affairs commission for a term of at least one year.
           b.   One member representing the university of North Dakota school of medicine and
                health sciences, appointed by the dean of the school for a term of at least one
               year.
          c.   One member representing the university of North Dakota, appointed by the
               president of the university for a term of at least one year.
          d.   One member representing North Dakota state university, appointed by the
               president of the university for a term of at least one year.
          e.   One public health officer, appointed by the state health officer for a term of at
               least one year.
          f.   Six members appointed by the state health officer as provided under this
               subdivision for terms of three years. The state health officer shall identify
               statewide entities representing each of the following interests and shall request
               each entity submit the name of one individual to represent the entity.
               (1)     An entity representing pharmacies.
               (2)     An entity representing physicians.
               (3)     An entity representing hospitals.
               (4)     An entity representing public health.
               (5)     An entity representing nurses.
               (6)     An entity representing long-term care facilities.
     2.   Each member of the health council shall serve until the member's successor is
          appointed. If a member ceases to represent the entity the member is appointed to
          represent, the member is no longer qualified to serve and must be replaced.
     3.   The council shall elect from its membership a presiding officer. The state health officer
          shall serve as executive secretary of the health council. The executive secretary does
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           not have voting privileges. The council shall meet no fewer than two times per year
           and shall meet at the call of the presiding officer and at the request of the state health
           officer.
      4.   At the request of the health council, a state agency may serve in an advisory capacity
           to the council.
      5.   The health council may appoint standing committees as determined necessary. The
           presiding officer shall select the members of any standing committee.
      6.   A member of the health council is entitled to receive per diem at the rate set for a
           member of the legislative assembly under subsection 1 of section 54-03-20 and
          necessary mileage and travel expenses as provided under sections 44-08-04 and
          54-06-09 while attending council meetings or in the performance of any special duties
          as the council may direct. To the extent a member of the council receives salary or
          other compensation from the state or a political subdivision, that member is not eligible
          to receive per diem or reimbursement under this subsection.
    SECTION 2. AMENDMENT. Section 23-01-03 of the North Dakota Century Code is
 amended and reenacted as follows:
    23-01-03. Powers and duties of the health council.
    The health council shall:
     1.   Fix, subject to the provisions of section 23-01-02, the time and place of the meetings
          of the council.
     2.   Make regulations for the government of the council and its officers and meetings.
     3.   EstablishCollaborate and advise in the establishment of standards, rules, and
          regulations, which are found necessary for the maintenance of public health, including
          sanitation and disease control.
     4.   Provide forCollaborate and support the development, establishment, and enforcement
          of basic standards for hospitals and related medical institutions which render medical
          and nursing care, and for the construction and maintenance of suchthe institutions,
          such standards to cover matters pertaining to sanitation, building construction, fire
          protection measures, nursing procedures, and preservation of medical records. No
          regulationA rule may not be adopted with respect to building construction of existing
          medical hospitals or related medical institutions unless the regulationrule relates to
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     Legislative Assembly
           safety factors or the hospital or related medical institution changes the scope of
           service in such a way that a different license is required from the department pursuant
           to rules adopted under chapter 23-16.
      5.   Hold hearings on all matters brought before itthe council by applicants and licensees
           of medical hospitals with reference to the denial, suspension, or revocation of licenses
           and make appropriate determination as specified hereinregarding these matters.
  The council may direct the state health officer to do or cause to be done any or all of the things
  which may be required in the proper performance of the various duties placed upon the
  department of health and human services
     6.   Inform and advise the governor, department of health and human services, legislative
          assembly, and North Dakotans on public health issues that are important to the needs
          of North Dakotans, and in the event of a public health emergency.
     7.   Monitor progress on the state public health strategic plan and advocate for evidence-
          based practices and policies necessary to improve the health of North Dakotans.
     8.   In consultation with the state health officer and other agencies, associations, and
          institutions represented on the health council, study and make recommendations
          regarding the strategic plan and programs of the health division of the department of
          health and human services. The recommendation may address public health
          education and training, factors influencing the practice environment for health care
          professionals, access to health care, and patient safety.
     9.   As the health council determines appropriate, consult with an individual or entity in
          performing the council's duties under this section.
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Statutes affected: 
INTRODUCED: 23-01-02, 23-01-03
Enrollment: 23-01-02, 23-01-03