This bill amends section 23-01-05 of the North Dakota Century Code, which outlines the qualifications, term, and duties of the state health officer. The bill specifies that the governor will appoint a state health officer who must have education, training, or experience in public health, as well as relevant leadership experience. The salary of the state health officer will be set by the governor within the limits of legislative appropriations. The term of the state health officer is changed to serve at the pleasure of the governor, rather than a fixed four-year term. Additionally, the bill allows the commissioner of the Department of Health and Human Services to appoint an advisory committee to assist the state health officer, with members serving at the pleasure of the commissioner.

The bill also details the duties of the state health officer, which include providing strategic advice to improve health and wellness, advising local public health officials, and issuing written orders related to disease control measures. Notably, any order issued must be limited to the geographical area affected by a communicable disease and cannot be statewide unless a disaster or emergency is declared by the governor. Furthermore, the bill includes provisions to protect religious conduct from being treated more restrictively than secular conduct in the context of health orders, ensuring that any such orders must further a compelling governmental interest and be the least restrictive means of achieving that interest. Individuals aggrieved by violations of these provisions may seek relief in court.

Statutes affected:
INTRODUCED: 23-01-05
Adopted by the Senate Human Services Committee: 23-01-05
FIRST ENGROSSMENT: 23-01-05