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Ex. DUT-ND-002 Standing duty Primary source read

N.D.C.C. 23-07-06, 23-07-13, 23-07-14, 23-07-15, 23-07-21

Contagious or infectious diseases - power of local board of health to quarantine; local board may establish temporary hospital (infected places under board control); destruction or disinfection of infected articles; removal of infected persons; penalties

Legislative Assembly of North Dakota (codified statute administered by the State Department of Health and the local boards of health) · North Dakota (State)

The COVID Project

The record

Jurisdiction
North Dakota
Level
State
Authority
N.D.C.C. title 23, ch. 23-07 (Reportable Diseases)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding duty
Addressees
  • persons generally; owners or persons in control of premises in which a contagious disease exists; employers whose workers are quarantined
Character
statutory duty
Collection
Standing duties: North Dakota DUT-ND

Operative words

a person is guilty of an infraction: 1. Who violates or fails to obey any provision of this chapter, any lawful rule made by the department of health and human services, or any order issued by any state, district, county, or municipal health officer; 2. Who violates any quarantine law or regulation, or who leaves a quarantined area without being discharged

Penalty

Infraction (23-07-21): fine to $1,000, and sentencing as a class B misdemeanor on a third conviction within one year (12.1-32-01(7); Ex. DUT-ND-006); class C felony for breach of the HIV confidentiality provisions (not relevant here)

What it required

Whenever a case of contagious disease exists, the local board 'may adopt such quarantine and sanitary measures as in its judgment tend to prevent the spread of such disease' and 'may take such other measures as it deems necessary for the safety of the inhabitants within its jurisdiction' (23-07-06); 'all private houses or other places in which exists any contagious or infectious disease, during the existence of such disease, are under the control and subject to the regulations of the local board of health' (23-07-13); the board may destroy or disinfect exposed articles (23-07-14); no person may move an individual with a reportable disease without a permit (23-07-15); and every person is bound, on pain of an infraction, to obey every health-officer order and every quarantine regulation (23-07-21).

Retrieval note

Section C of State Health Officer Order 2020-08 (Ex. ND-061) and of the confinement orders (Ex. ND-021) recites this section: 'a person is guilty of an infraction if that person violates or fails to obey any order issued by the State Health Officer. the 2020-2021 text of 23-07-21 read 'state department of health' in place of the present department name.