23-07 Reportable Diseases

Download pdf

Loading PDF...


CHAPTER 23-07REPORTABLE DISEASES23-07-01. State department of health - Collection of public health information. Thestate department of health shall designate the diseases or conditions that must be reported.<br>Such diseases or conditions may include contagious, infectious, sexually transmitted, or chronic<br>diseases or any illness or injury which may have a significant impact on public health. The state<br>department of health shall maintain a uniform statewide population-based registry system for the<br>collection of data pertaining to the incidence, prevalence, risk factors, management, survival,<br>mortality, and geographic distribution of cancer and reportable benign tumors.23-07-01.1.Reporting of physical or mental disorders.The state department ofhealth shall define disorders characterized by lapses of consciousness, gross physical or mental<br>impairments for the purposes of the reports hereinafter referred to:1.A physician or other health care provider may report immediately to the department<br>of transportation in writing, the name, date of birth, and address of every individual<br>fourteen years of age or over coming before them for examination, attendance, care,<br>or treatment if there is reasonable cause to believe that the individual due to physical<br>or mental reason is incapable of safely operating a motor vehicle or diagnosed as a<br>case of a disorder defined as characterized by lapses of consciousness, gross<br>physical or mental impairments, and the report is necessary to prevent or lessen a<br>serious and imminent threat to the health or safety of the individual or the public.2.Such reports as required in this section are for the information of the director of the<br>department of transportation in determining the eligibility of any person to operate a<br>motor vehicle on the highways of this state and must be kept confidential and not<br>divulged to any person or used as evidence in any trial, except that the reports may<br>be admitted in proceedings under section 39-06-33.3.The physician-patient privilege provided for by rules 501 and 503 of the North<br>Dakota Rules of Evidence may not be asserted to exclude evidence regarding the<br>mental or physical incapacity of a person to safely operate a motor vehicle in the<br>reports as required under the provisions of this section.4.Any physician or other medical professional who fails to make a report or who in<br>good faith makes a report, gives an opinion or recommendation pursuant to this<br>section, or participates in any proceeding founded upon this section is immune from<br>any liability, civil or criminal, that might otherwise be incurred, as a result of such<br>report, except for perjury.23-07-01.2.Rules.The department may adopt rules under chapter 28-32 for theefficient enforcement of this chapter.23-07-02.Who to report reportable diseases.Except as otherwise provided bysection 23-07-02.1, the following persons or their designees shall report to the state department<br>of health any reportable disease coming to their knowledge:1.All health care providers, including physicians, physician assistants, nurse<br>practitioners, nurses, dentists, medical examiners or coroners, pharmacists,<br>emergency medical service providers, and local health officers.2.The director, principal manager, or chief executive officer of:a.Health care institutions, including hospitals, medical centers, clinics, long-term<br>care facilities, assisted living facilities, or other institutional facilities;b.Medical or diagnostic laboratories;Page No. 1c.Blood bank collection or storage centers;d.Public and private elementary and secondary schools;e.Public and private universities and colleges;f.Health or correctional institutions operated or regulated by municipal, county or<br>multicounty, state, or federal governments;g.Funeral establishments and mortuaries; andh.Child care facilities or camps.3.The state veterinarian, if the disease may be transmitted directly or indirectly to or<br>between humans and animals.4.A person having knowledge that a person or persons are suspected of having a<br>reportable disease may notify the department and provide all information known to<br>the person reporting concerning the reportable disease or condition of the person or<br>persons.If the person reporting is the attending physician or the physician's designee, the physician or the<br>physician's designee shall report not less than twice a week, in the form and manner directed by<br>the state department of health, the condition of the person afflicted and the state of the disease.<br>A person making a report in good faith is immune from liability for any damages which may be<br>caused by that act.23-07-02.1. Reports of human immunodeficiency virus infection - Penalty. Everyattending physician treating an individual known by the physician to have a diagnosis of human<br>immunodeficiencyvirusinfection,acquiredimmunedeficiencysyndrome,orhumanimmunodeficiency virus-related illness, including death from human immunodeficiency virus<br>infection, shall make a report on that individual to the state department of health. A person<br>treating an individual known to have human immunodeficiency virus infection in a hospital, a<br>clinic, a sanitarium, the physical custody of the department of corrections and rehabilitation, a<br>regional or local correctional facility or juvenile detention center, the North Dakota youth<br>correctional center, or other private or public institution shall make a report on that individual to<br>the facility administrator or the facility administrator's designee. Further disclosure of information<br>on any individual known to have human immunodeficiency virus infection may only be provided<br>to medical personnel providing direct care to the individual or as otherwise authorized by law.<br>The designated official shall, if satisfied that the report is valid, make a report to the department<br>on each individual having a diagnosis of human immunodeficiency virus infection, acquired<br>immune deficiency syndrome, or human immunodeficiency virus-related illness, including death<br>from human immunodeficiency virus infection, unless the diagnosed individual's attending<br>physician has made such a report. The reports required under this section must contain the<br>name, date of birth, sex, and address of the individual reported on and the name and address of<br>the physician or designated official making the report. Failure by a facility to designate an official<br>to whom reports must be made is an infraction. Any person who in good faith complies with this<br>section is immune from civil and criminal liability for any action taken in compliance with this<br>section.23-07-02.2. Confidentiality of reports. A report required by section 23-07-02.1 andheld by the state department of health is confidential information. The information may not be<br>disclosed, shared with any agency or institution, or made public, upon subpoena, search warrant,<br>discovery proceedings, or otherwise, except that:1.Disclosure may be made of medical or epidemiological information for statistical<br>purposes in a manner such that no individual person can be identified;Page No. 22.Disclosure may be made of medical or epidemiological information to the extent<br>necessary to enforce section 23-07-02.1 and this section and related rules<br>concerning the treatment, control, and investigation of human immunodeficiency<br>virus infection by public health officials; or3.Disclosure may be made of medical or epidemiological information to medical<br>personnel to the extent necessary to protect the health or life of any individual.No officer or employee of the state department of health may be examined in any judicial,<br>executive, legislative, or other proceeding regarding the existence or content of any individual's<br>report retained by the department under section 23-07-02.1.23-07-02.3. Emergency reporting.1.The state health officer may issue a temporary order for emergency reporting of<br>disease conditions or information if the state health officer finds probable cause to<br>believe there is a threat caused by an imminent or emerging condition affecting the<br>public health, including actual or threatened terrorism.2.The state health officer may designate who must report, what conditions or<br>information must be reported, what information must be contained in the report, the<br>methods and frequency of reporting, and may make any other pertinent requirement.3.The temporary order may be issued and is effective without regard to chapter 28-32<br>for a period of ninety days, unless earlier revoked by the state health officer.<br>Emergency rulemaking must be initiated under chapter 28-32 within ninety days of<br>the order or the order expires. The temporary order and any emergency rulemaking<br>under this section are effective without the necessity of approval from the health<br>council.23-07-03. Report of cases of sexually transmitted disease. The superintendent of ahospital, dispensary, or charitable or penal institution, in which there is a case of sexually<br>transmitted disease, or the superintendent's designee, shall report such case to the nearest<br>health officer having jurisdiction. The report must be made in the form and manner directed by<br>the state department of health.23-07-04. Report of reportable disease by township board of health. Repealed byS.L. 1999, ch. 242, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>