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Ex. DUT-ND-011 Standing duty Primary source read

N.D. Admin. Code 33-06-03-01 to 33-06-03-04

Health officer investigation: infectious or communicable disease; insanitary condition; school may be closed; disclosure of records

State Department of Health (rule adopted under N.D.C.C. 23-01-03; administered by the State and local health officers) · North Dakota (State)

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The record

Jurisdiction
North Dakota
Level
State
Authority
N.D. Admin. Code art. 33-06 (Reportable Conditions), ch. 33-06-03 (Health Officer Investigation); general authority N.D.C.C. 23-01-03; law implemented N.D.C.C. 23-01-03, 23-07-06
Issued
1996-02-01 Feb. 1, 1996
Effective
standing (read as 1996-02-01)
End
standing (read as 2021-09-30)
In force
Standing since Feb. 1, 1996 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureSchools and child careQuarantine and isolationStanding duty
Addressees
  • owners or agents of property; owners or persons in control of premises where a communicable disease existed; schools; health officers (mandatory investigation and order)
Character
sanitary code duty
Collection
Standing duties: North Dakota DUT-ND

Operative words

Each health officer shall investigate whenever and wherever the officer has reason to suspect that any insanitary condition dangerous to public health exists..., and if such insanitary condition is found to exist, the officer shall order its removal within a specified time by a written notice served on the owner or agent of the property whereon such insanitary condition exists.

Penalty

Complaint 'for maintaining an insanitary condition dangerous to public health and in violation of the laws of the state and regulations of the state department of health' (33-06-03-02); infraction under N.D.C.C. 23-07-21(1) for violating a department rule or a health officer's order (Ex. DUT-ND-002); the rules 'have the force and effect of law' (23-01-04; Ex. DUT-ND-001)

What it required

On a report or suspicion of communicable disease the health officer 'shall make a thorough investigation' and 'shall take such steps as are required by the laws of the state and by this chapter,' and 'shall place such premises under surveillance until the expiration of the incubation period' where an isolation-requiring disease recently existed (33-06-03-01); the officer 'shall order [the] removal' of an insanitary condition dangerous to public health by written notice to the owner or agent and, on default, 'file a complaint against such owner or agent' (33-06-03-02); health officers may direct the closure of every public, private and parochial school where contagious disease prevails, 'nor shall any such schools be reopened until ordered by the proper health official' (33-06-03-03).

Retrieval note

Article 33-06 also carries ch. 33-06-07 (isolation requirements) and 33-06-10 (disinfection: 'Disinfection should be applied immediately after the discharge of infectious material'; the local health officer 'shall have the authority to require disinfection' of school rooms), read in this session and not saved. The State Health Officer's post-mortem communicable-disease order of Apr. 26, 2020 applied ch. 33-05-02 to every COVID-19 death (Ex. ND-033).