23-28 Uniform Duties to Disabled Persons
Download pdf
Loading PDF...
<![CDATA[CHAPTER 23-28UNIFORM DUTIES TO DISABLED PERSONS23-28-01. Definitions. In this chapter:1."Disabled condition" means the condition of being unconscious, semiconscious,<br>incoherent, or otherwise incapacitated to communicate.2."Disabled person" means a person in a disabled condition.3."The emergency symbol" means the caduceus inscribed within a six-barred cross<br>used by the American medical association to denote emergency information.4."Identifying device" means an identifying bracelet, necklace, metal tag, or similar<br>device bearing the emergency symbol and the information needed in an emergency.5."Medical practitioner" means a person licensed or authorized to practice medicine.23-28-02. Identifying devices for persons having certain conditions.1.A person who suffers from epilepsy, diabetes, a cardiac condition, or any other type<br>of illness that causes temporary blackouts, semiconscious periods, or complete<br>unconsciousness, or who suffers from a condition requiring specific medication or<br>medical treatment, is allergic to certain medications or items used in medical<br>treatment, wears contact lenses, or is unable to communicate coherently or<br>effectively in the English language, is authorized and encouraged to wear an<br>identifying device.2.Any person may carry an identification card bearing that person's name, type of<br>medical condition, physician's name, and other medical information.3.By wearing an identifying device a person gives that person's consent for any law<br>enforcement officer or medical practitioner who finds that person in a disabled<br>condition to make a reasonable search of that person's clothing or other effects for<br>an identification card of the type described in subsection 2.23-28-03. Duty of law enforcement officer.1.A law enforcement officer shall make a diligent effort to determine whether any<br>disabled person the officer finds is an epileptic or a diabetic, or suffers from some<br>other type of illness that would cause the condition. Whenever feasible, this effort<br>must be made before the person is charged with a crime or taken to a place of<br>detention.2.In seeking to determine whether a disabled person suffers from an illness, a law<br>enforcement officer shall make a reasonable search for an identifying device and an<br>identification card of the type described in subsection 2 of section 23-28-02 and<br>examine them for emergency information. The law enforcement officer may not<br>search for an identifying device or an identification card in a manner or to an extent<br>that would appear to a reasonable person in the circumstances to cause an<br>unreasonable risk of worsening the disabled person's condition.3.A law enforcement officer who finds a disabled person without an identifying device<br>or identification card is not relieved of the officer's duty to that person to make a<br>diligent effort to ascertain the existence of any illness causing the disabled condition.4.A claim for relief against a law enforcement officer does not arise from the officer<br>making a reasonable search of the disabled person to locate an identifying device orPage No. 1identification card, even though the person is not wearing an identifying device or<br>carrying an identification card.5.A law enforcement officer who determines or has reason to believe that a disabled<br>person is suffering from an illness causing the disabled person's condition shall<br>promptly notify the person's physician, if practicable.If the officer is unable toascertain the physician's identity or to communicate with the physician, the officer<br>shall make a reasonable effort to cause the disabled person to be transported<br>immediately to a medical practitioner or to a facility where medical treatment is<br>available. If the officer believes it unduly dangerous to move the disabled person,<br>the officer shall make a reasonable effort to obtain the assistance of a medical<br>practitioner.23-28-04. Duty of medical practitioner.1.A medical practitioner, in discharging the medical practitioner's duty to a disabled<br>person whom the medical practitioner has undertaken to examine or treat, shall<br>make a reasonable search for an identifying device or identification card of the type<br>described in subsection 2 of section 23-28-02 and examine them for emergency<br>information.2.A claim for relief against a medical practitioner does not arise from the practitioner<br>making a reasonable search of a disabled person to locate an identifying device or<br>identification card, even though the person is not wearing an identifying device or<br>carrying an identification card.23-28-05. Duty of others.1.A person, other than a law enforcement officer or medical practitioner, who finds a<br>disabled person shall make a reasonable effort to notify a law enforcement officer. If<br>a law enforcement officer or medical practitioner is not present, a person who finds a<br>disabled person may make a reasonable search for an identifying device, and if the<br>identifying device is found may make a reasonable search for an identification card<br>of the type described in subsection 2 of section 23-28-02. If a device or card is<br>located, the person making the search shall attempt promptly to bring its contents to<br>the attention of a law enforcement officer or medical practitioner.2.A claim for relief does not arise from a reasonable search to locate an identifying<br>device or identification card as authorized by subsection 1.23-28-06. Falsifying identification or misrepresenting condition - Penalty. A personwho, with intent to deceive, provides, wears, uses, or possesses a false identifying device or<br>identification card of the type described in subsection 2 of section 23-28-02 is guilty of a class B<br>misdemeanor.23-28-07. Other duties. The duties imposed by this chapter are in addition to, and not inlimitation of, other duties existing under the law of this state.23-28-08.Uniformity of application and construction.This chapter must be soapplied and construed as to effectuate its general purpose to make uniform the law with respect<br>to the subject of this chapter among those states which enact it.23-28-09. Short title. This chapter may be cited as the Uniform Duties to DisabledPersons Act.Page No. 2Document Outlinechapter 23-28 uniform duties to disabled persons]]>