21.0940.02000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1418
of North Dakota
Introduced by
Representatives Devlin, Weisz
Senator Lee
1 A BILL for an Act to amend and reenact section 23-01-05 of the North Dakota Century Code,
2 relating to qualifications of the state health officer.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 23-01-05 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 23-01-05. Health officer - Qualifications, salary, term, duties - Advisory committee.
7 The governor shall appoint the state health officer who at the time of appointment must
8 have hadbe a practicing licensed physician with substantive private or public administrative
9 experience and demonstrated experience in the management of people. The state health officer
10 is entitled to receive a salary commensurate with that person'sindividual's training and
11 experience. The governor shall set the salary of the state health officer within the limits of
12 legislative appropriations to the department. The state health officer is entitled to receive all
13 necessary traveling expenses incurred in the performance of official business. The state health
14 officer may not engage in any other occupation or business that may conflict with the statutory
15 duties of the state health officer and holds office for a term of four years beginning January 1,
16 1993. The state health officer is the administrative officer of the state department of health. If
17 the governor does not appoint as state health officer a physician licensed in this state, the
18 governor shall appoint at least three licensed physicians recommended by the state medical
19 association to serve as an advisory committee to the state health officer. Each member of the
20 advisory committee is entitled to receive reimbursement of expenses in performing official
21 duties in amounts provided by law for other state officers. The term of the advisory committee
22 coincides with the term of the state health officer. A committee member serves at the pleasure
23 of the governor. The duties of the state health officer are as follows:
24 1. Enforce all rules and regulations as promulgated by the health council.
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Sixty-seventh
Legislative Assembly
1 2. Hold public health unit boards of health responsible for enforcement of state rules,
2 serve in an advisory capacity to public health unit boards of health, and provide for
3 coordination of health activities.
4 3. Establish and enforce minimum standards of performance of the work of the local
5 department of health.
6 4. Study health problems and plan for their solution as may be necessary.
7 5. Collect, tabulate, and publish vital statistics for each important political or health
8 administrative unit of the state and for the state as a whole.
9 6. Promote the development of local health services and recommend the allocation of
10 health funds to local jurisdictions subject to the approval of the health council.
11 7. Collect and distribute health education material.
12 8. Maintain a central public health laboratory and where necessary, branch laboratories
13 for the standard function of diagnostic, sanitary and chemical examinations, and
14 production and procurement of therapeutic and biological preparations for the
15 prevention of disease and their distribution for public health purposes.
16 9. Establish a service for medical hospitals and related institutions to include licensing of
17 such institutions according to the standards promulgated by the health council and
18 consultation service to communities planning the construction of new hospitals and
19 related institutions.
20 10. Comply with the state merit system policies of personnel administration.
21 11. Establish a program to provide information to the surviving family of a child whose
22 cause of death is suspected to have been the sudden infant death syndrome.
23 12. Issue any orders relating to disease control measures deemed necessary to prevent
24 the spread of communicable disease. Disease control measures may include special
25 immunization activities and decontamination measures. Written orders issued under
26 this section shall have the same effect as a physician's standing medical order. The
27 state health officer may apply to the district court in a judicial district where a
28 communicable disease is present for an injunction canceling public events or closing
29 places of business. On application of the state health officer showing the necessity of
30 such cancellation, the court may issue an ex parte preliminary injunction, pending a
31 full hearing.
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Sixty-seventh
Legislative Assembly
1 13. Make bacteriological examination of bodily secretions and excretions and of waters
2 and foods.
3 14. Make preparations and examinations of pathological tissues submitted by the state
4 health officer, by any county superintendent of public health, or by any physician who
5 has been regularly licensed to practice in this state.
6 15. Make all required analyses and preparations, and furnish the results thereof, as
7 expeditiously and promptly as possible.
8 16. Cause sanitary statistics to be collected and tabulated, and cause to be ascertained by
9 research work such methods as will lead to the improvement of the sanitation of the
10 various parts of the state.
11 17. From time to time, cause to be issued bulletins and reports setting forth the results of
12 the sanitary and pathological work done in the laboratories embodying all useful and
13 important information resulting from the work carried on in the laboratories during the
14 year, the substance of such bulletins and reports to be incorporated in the annual
15 report of the state health officer.
16 18. Establish by rule a schedule of reasonable fees that may be charged for laboratory
17 analysis. No charge may be made for any analysis conducted in connection with any
18 public health incident affecting an entire region, community, or neighborhood.
19 19. a. Establish a review process for instances in which the department is requested to
20 conduct an epidemiological assessment of a commercial building. The
21 epidemiological assessment must include:
22 (1) A statement of whether there are known environmental causes;
23 (2) If there are known environmental causes identified, a recommendation of
24 how they can be remediated or mitigated; and
25 (3) If there are no known environmental causes identified, a statement that no
26 known causes exist.
27 b. Costs for remediation, mitigation, and consultant services are the responsibility of
28 the building owner. Proof of remediation of any identified environmental concern
29 related to the epidemiological assessment is the burden of the building owner.
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Statutes affected: INTRODUCED: 23-01-05
FIRST ENGROSSMENT: 23-01-05
Enrollment: 23-01-05