23.0712.02000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1406
of North Dakota
Introduced by
Representatives Hoverson, Henderson, S. Olson, Schatz, Tveit
Senators Boehm, Clemens, Estenson, Paulson
1 A BILL for an Act to create and enact a new section to chapter 23-01 and a new section to
2 chapter 32-12.1 of the North Dakota Century Code, relating to studying vaccines and the
3 medical liability of a governmental entity.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. A new section to chapter 23-01 of the North Dakota Century Code is created
6 and enacted as follows:
7 Vaccine study - Liability.
8 1. The department of health and human services shall study and maintain records on the
9 effects of any vaccine intended to develop an immune system response to
10 SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2. The study must
11 include research on individuals who died thirty days after receiving the vaccine.
12 2. If the department of health and human services promotes, markets, or advertises any
13 messenger ribonucleic acid vaccine or any vaccine intended to develop an immune
14 system response to SARS-CoV-2 and any mutation or viral fragments of
15 SARS-CoV-2, the department shall cover the costs of treatment and diagnostics for
16 any individual who suffers any physical injury due to receiving the vaccine.
17 SECTION 2. A new section to chapter 32-12.1 of the North Dakota Century Code is created
18 and enacted as follows:
19 Medical liability of government entity.
20 1. As used in this section, "medical product" means any product used to diagnose or
21 manage a disease, including any medical device, treatment, or drug.
22 2. Notwithstanding any other provision of law, a state agency, political subdivision, or any
23 other governmental entity, may not require an individual to take, receive, or disclose
24 whether the individual has taken or received a medical product unless the
Page No. 1 23.0712.02000
 Sixty-eighth
Legislative Assembly
1 manufacturer of the medical product is liable for any death or serious injury caused by
2 the medical product.
3 3. Subsection 2 does not apply to a public hospital.
Page No. 2 23.0712.02000