19.0177.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2036
of North Dakota
Introduced by
Legislative Management
(Judiciary Committee)
1 A BILL for an Act to create and enact section 4.1-45-22.1 of the North Dakota Century Code,
2 relating to technical corrections and improper, inaccurate, redundant, missing, or obsolete
3 references; to amend and reenact subsection 7 of section 12.1-31.2-01, section 14-09-00.1 ,
4 subsection 1 of section 14-09-06.2, subsection 2 of section 27-20-30.1, subsection 1 of section
5 27-20-45, sections 43-62-01 and 43-62-15, section 57-02-08.6, subsection 7 of section
6 57-38-30.3, and section 57-60-14 of the North Dakota Century Code, relating to technical
7 corrections and improper, inaccurate, redundant, missing, or obsolete references; and to repeal
8 sections 4.1-55-22.1, 6-09.8-04, 6-09.11-02, 15-08.1-09, and 61-21.1-02 of the North Dakota
9 Century Code, relating to technical corrections and improper, inaccurate, redundant, missing, or
10 obsolete references.
11 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12 SECTION 1. Section 4.1-45-22.1 of the North Dakota Century Code is created and enacted
13 as follows:
14 4.1-45-22.1. Facility operations and maintenance costs.
15 Facility operations and maintenance costs, other than costs resulting from a natural
16 disaster, are to be funded by state fair association funds.
17 SECTION 2. AMENDMENT. Subsection 7 of section 12.1-31.2-01 of the North Dakota
18 Century Code is amended and reenacted as follows:
19 7. A disorderly conduct restraining order must contain a conspicuous notice to the
20 respondent providing:
21 a. The specific conduct that constitutes a violation of the order;
22 b. Notice that violation of the restraining order is a class A misdemeanor punishable
23 by imprisonment of up to one yearthree hundred sixty days or a fine of up to
24 twothree thousand dollars or both; and
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1 c. Notice that a peace officer may arrest the respondent without a warrant and take
2 the respondent into custody if the peace officer has probable cause to believe the
3 respondent has violated an order issued under this section.
4 SECTION 3. AMENDMENT. Section 14-09-00.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 14-09-00.1. Definitions.
7 As used in this chapter, unless the context otherwise requires:
8 1. "Decisionmaking responsibility" means the responsibility to make decisions concerning
9 the child. The term may refer to decisions on all issues or on specified issues, but not
10 child support issues.
11 2. "Harm" means negative changes in a child's health which occur when an individual
12 responsible for the child's welfare:
13 a. Inflicts, or allows to be inflicted, upon the child, physical or mental injury, including
14 injuries sustained as a result of excessive corporal punishment, or
15 b. Commits, allows to be committed, or conspires to commit, against the child, a sex
16 offense as defined in chapter 12.1-20.
17 3. "Parental rights and responsibilities" means all rights and responsibilities a parent has
18 concerning the parent's child.
19 3.4. "Parenting plan" means a written plan describing each parent's rights and
20 responsibilities.
21 4.5. "Parenting schedule" means the schedule of when the child is in the care of each
22 parent.
23 5.6. "Parenting time" means the time when the child is to be in the care of a parent.
24 6.7. "Primary residential responsibility" means a parent with more than fifty percent of the
25 residential responsibility.
26 7.8. "Residential responsibility" means a parent's responsibility to provide a home for the
27 child.
28 SECTION 4. AMENDMENT. Subsection 1 of section 14-09-06.2 of the North Dakota
29 Century Code is amended and reenacted as follows:
30 1. For the purpose of parental rights and responsibilities, the best interests and welfare of
31 the child is determined by the court's consideration and evaluation of all factors
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1 affecting the best interests and welfare of the child. These factors include all of the
2 following when applicable:
3 a. The love, affection, and other emotional ties existing between the parents and
4 child and the ability of each parent to provide the child with nurture, love,
5 affection, and guidance.
6 b. The ability of each parent to assure that the child receives adequate food,
7 clothing, shelter, medical care, and a safe environment.
8 c. The child's developmental needs and the ability of each parent to meet those
9 needs, both in the present and in the future.
10 d. The sufficiency and stability of each parent's home environment, the impact of
11 extended family, the length of time the child has lived in each parent's home, and
12 the desirability of maintaining continuity in the child's home and community.
13 e. The willingness and ability of each parent to facilitate and encourage a close and
14 continuing relationship between the other parent and the child.
15 f. The moral fitness of the parents, as that fitness impacts the child.
16 g. The mental and physical health of the parents, as that health impacts the child.
17 h. The home, school, and community records of the child and the potential effect of
18 any change.
19 i. If the court finds by clear and convincing evidence that a child is of sufficient
20 maturity to make a sound judgment, the court may give substantial weight to the
21 preference of the mature child. The court also shall give due consideration to
22 other factors that may have affected the child's preference, including whether the
23 child's preference was based on undesirable or improper influences.
24 j. Evidence of domestic violence. In determining parental rights and responsibilities,
25 the court shall consider evidence of domestic violence. If the court finds credible
26 evidence that domestic violence has occurred, and there exists one incident of
27 domestic violence which resulted in serious bodily injury or involved the use of a
28 dangerous weapon or there exists a pattern of domestic violence within a
29 reasonable time proximate to the proceeding, this combination creates a
30 rebuttable presumption that a parent who has perpetrated domestic violence may
31 not be awarded residential responsibility for the child. This presumption may be
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1 overcome only by clear and convincing evidence that the best interests of the
2 child require that parent have residential responsibility. The court shall cite
3 specific findings of fact to show that the residential responsibility best protects the
4 child and the parent or other family or household member who is the victim of
5 domestic violence. If necessary to protect the welfare of the child, residential
6 responsibility for a child may be awarded to a suitable third person, provided that
7 the person would not allow access to a violent parent except as ordered by the
8 court. If the court awards residential responsibility to a third person, the court
9 shall give priority to the child's nearest suitable adult relative. The fact that the
10 abused parent suffers from the effects of the abuse may not be grounds for
11 denying that parent residential responsibility. As used in this subdivision,
12 "domestic violence" means domestic violence as defined in section 14-07.1-01. A
13 court may consider, but is not bound by, a finding of domestic violence in another
14 proceeding under chapter 14-07.1.
15 k. The interaction and inter-relationship, or the potential for interaction and inter-
16 relationship, of the child with any person who resides in, is present, or frequents
17 the household of a parent and who may significantly affect the child's best
18 interests. The court shall consider that person's history of inflicting, or tendency to
19 inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily
20 injury, or assault, on other persons.
21 l. The making of false allegations not made in good faith, by one parent against the
22 other, of harm to a child as defined in section 50-25.1-02.
23 m. Any other factors considered by the court to be relevant to a particular parental
24 rights and responsibilities dispute.
25 SECTION 5. AMENDMENT. Subsection 2 of section 27-20-30.1 of the North Dakota
26 Century Code is amended and reenacted as follows:
27 2. A petition to commence an action under this section must contain information as
28 required under section 27-20-21by supreme court rule along with an affidavit either
29 prepared by the administrative county, as determined by the department of human
30 services, or prepared by an agency or tribal council of a recognized Indian reservation
31 in North Dakota.
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1 SECTION 6. AMENDMENT. Subsection 1 of section 27-20-45 of the North Dakota Century
2 Code is amended and reenacted as follows:
3 1. The petition must comply with section 27-20-21contain information as required by
4 supreme court rule and state clearly that an order for termination of parental rights is
5 requested and that the effect will be as stated in section 27-20-46.
6 SECTION 7. AMENDMENT. Section 43-62-01 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 43-62-01. Definitions.
9 As used in this chapter:
10 1. "Board" means the North Dakota medical imaging and radiation therapy board.
11 2. "Certification organization" means a national certification organization that specializes
12 in the certification and registration of medical imaging and radiation therapy technical
13 personnel and which has programs accredited by the national commission for
14 certifying agencies, American national standards institute or the international
15 organization for standardization, or other accreditation organization recognized by the
16 board.
17 3. "Licensed practitioner" means a licensed physician, advanced practice registered
18 nurse, chiropractor, dentist, or podiatrist.
19 4. "Licensee" means an individual licensed by the board to perform medical imaging or
20 radiation therapy and operate medical imaging or radiation therapy equipment,
21 including a nuclear medicine technologist, radiation therapist, radiographer, radiologist
22 assistant, sonographer, or magnetic resonance imaging technologist.
23 5. "Medical imaging" means the performance of any diagnostic or interventional
24 procedure or operation of medical imaging equipment intended for use in the
25 diagnosis or visualization of disease or other medical conditions in human beings,
26 including magnetic resonance imaging, fluoroscopy, nuclear medicine, sonography, or
27 x-rays.
28 6. "Medical physicist" means an individual who is certified by the American board of
29 radiology, American board of medical physics, American board of science in nuclear
30 medicine, or Canadian college of physics in medicine in radiological physics or one of
31 the subspecialties of radiological physics.
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1 7. "Primary modality" means an individual practicing as a nuclear medicine technologist,
2 radiation therapist, radiographer, radiologist assistant, sonographer, or magnetic
3 resonance imaging technologist.
4 8. "Protected health information" has the same meaning as provided under section
5 23-01.3-01.
6 9. "Radiation therapy" means the performance of any procedure or operation of radiation
7 therapy equipment intended for use in the treatment of disease or other medical
8 conditions in human beings.
9 10. "Radiation therapist" means an individual, other than a licensed practitioner or
10 authorized user, who performs procedures and applies ionizing radiation emitted from
11 x-ray machines, particle accelerators, or sealed radioactive sources to human beings
12 for therapeutic purposes.
13 (Contingent effective date - See note) Definitions.
14 As used in this chapter:
15 1. "Board" means the North Dakota medical imaging and radiation therapy board.
16 2. "Certification organization" means a national certification organization that specializes
17 in the certification and registration of medical imaging and radiation therapy technical
18 personnel and which has programs accredited by the national commission for
19 certifying agencies, American national standards institute or the international
20 organization for standardization, or other accreditation organization recognized by the
21 board.
22 3. "Licensed practitioner" means a licensed physician, advanced practice registered
23 nurse, chiropractor, dentist, or podiatrist.
24 4. "Licensee" means an individual licensed by the board to perform medical imaging or
25 radiation therapy and operate medical imaging or radiation therapy equipment,
26 including a nuclear medicine technologist, radiation therapist, radiographer, radiologist
27 assistant, limited x-ray machine operator, sonographer, or magnetic resonance
28 imaging technologist.
29 5. "Medical imaging" means the performance of any diagnostic or interventional
30 procedure or operation of medical imaging equipment intended for use in the
31 diagnosis or visualization of disease or other medical conditions in human beings,
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1 including magnetic resonance imaging, fluoroscopy, nuclear medicine, sonography, or
2 x-rays.
3 6. "Medical physicist" means an individual who is certified by the American board of
4 radiology, American board of medical physics, American board of science in nuclear
5 medicine, or Canadian college of physics in medicine in radiological physics or one of
6 the subspecialties of radiological physics.
7 7. "Primary modality" means an individual practicing as a nuclear medicine technologist,
8 radiation therapist, radiographer, radiologist assistant, sonographer, or magnetic
9 resonance imaging technologist.
10 8. "Protected health information" has the same meaning as provided under section
11 23-01.3-01.
12 9. "Radiation therapy" means the performance of any procedure or operation of radiation
13 therapy equipment intended for use in the treatment of disease or other medical
14 conditions in human beings.
15 10. "Radiation therapist" means an individual, other than a licensed practitioner or
16 authorized user, who performs procedures and applies ionizing radiation emitted from
17 x-ray machines, particle accelerators, or sealed radioactive sources to human beings
18 for therapeutic purposes.
19 SECTION 8. AMENDMENT. Section 43-62-15 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 43-62-15. Scope of practice.
22 1. A license issued by the board under this chapter must specify each medical imaging or
23 radiation therapy modality for which the licensee is qualified to practice under section
24 43-62-14.
25 2. The board shall adopt by rule standards concerning scope of practice for medical
26 imaging and radiation therapy modalities, including:
27 a. Nuclear medicine technologist;
28 b. Radiation therapist;
29 c. Radiographer;
30 d. Radiologist assistant;
31 e. Sonographer; and
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1 f. Magnetic resonance imaging technologist.
2 3. A licensee's performance of medical imaging or radiation therapy on humans for
3 diagnostic or therapeutic purposes must be by written, facsimile, electronic, or verbal
4 prescription of an individual authorized by this state to prescribe medical imaging or
5