# Title 33 — State Department of Health

## Article 33-06 — Reportable Conditions

## Chapter 33-06-03 — Health Officer Investigation

### § 33-06-03-01. Infectious or communicable disease.

When any infectious or communicable disease is reported to a health officer or when the health
officer has reason to suspect that such disease exists within the officer's jurisdiction, the officer shall
make a thorough investigation, if necessary, and if such disease is found to exist, the officer shall take
such steps as are required by the laws of the state and by this chapter. If upon investigation the health
officer shall find that a disease for which isolation is required has recently existed on any premises
within the officer's jurisdiction, the officer shall place such premises under surveillance until the
expiration of the incubation period.
General Authority: NDCC 23-01-03
Law Implemented: NDCC 23-01-03
### § 33-06-03-02. Insanitary condition.

Each health officer shall investigate whenever and wherever the officer has reason to suspect that
any insanitary condition dangerous to public health exists within the officer's jurisdiction, 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. If
the owner or agent shall fail to remove or remedy such insanitary condition within the time specified in
such written notice, the health officer shall bring the matter to the attention of the county attorney and, if
necessary, file a complaint against such owner or agent 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.
History: Amended effective February 1, 1996.
General Authority: NDCC 23-01-03
Law Implemented: NDCC 23-07-06
### § 33-06-03-03. School may be closed.

Whenever, in the judgment of the state department of health or of any county or city health officer, it
is advisable to close the schools because of the prevalence of any contagious or infectious disease or
diseases, the health officer shall serve written notice upon the board of school directors or the
responsible officials of any private, parochial, public, or Sunday school in the same district in which
such disease or diseases prevail, directing them to close all schools immediately nor shall any such
schools be reopened until ordered by the proper health official.
History: Amended effective February 1, 1996.
General Authority: NDCC 23-01-03
Law Implemented: NDCC 23-01-03
### § 33-06-03-04. Disclosure of records.

Information contained in disease control records and held by the state department of health is
strictly confidential information. Information contained in disease control records includes all
information, records of interviews, written reports, statements, notes, memoranda, or other data
procured by the department in connection with disease control, or carried on by the department jointly

with other persons, agencies, or organizations, or procured by such other persons, agencies, or
organizations, for the purpose of disease control or for such purposes of reducing the morbidity or
mortality from any cause or condition of health.
No officer or employee of the state department of health may be examined in any judicial,
executive, legislative, or other proceeding regarding the existence or content of any individual's report
retained by the department for disease control. The information may not be released, shared with any
agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or
otherwise, except that:
1. Medical or epidemiologic information may be released for statistical purposes in a manner
such that no individual person can be identified.
2. Medical or epidemiologic information may be released to medical personnel to the extent
necessary to protect the health or life of any individual.
3. Medical or epidemiologic information may be released to the person to whom the record
pertains, that person's attending physician, or their legal or designated agent or guardian,
provided no other person is identified. The department may require a signed consent from the
patient prior to such release.
4. Disease control records other than those relating to human immunodeficiency virus infection
may be released to a person engaged in a bona fide research project concerning medical,
psychological, or sociological issues provided all of the following conditions are met:
a. The research project must be sponsored by a public or private college or university; a
governmental entity; a nonprofit medical, sociological, or psychological association; or
the pharmaceutical industry.
b. Identifying information may not appear in any report, summation, thesis, or other
document arising out of the research project.
c. Identifying information may not be provided to a person engaged in a bona fide research
project until that person has submitted a written proposal explaining and justifying the
need to examine such information which is satisfactory to the state health officer.
d. All documents received by the researcher and all documents containing identifying
information made by or on behalf of the researcher, by whatever means, including hard
copies, typewritten or handwritten copies, photocopies, facsimiles, and electronic or
electromagnetic recording or imaging, must be returned to the department on or before a
date which shall be set by the state health officer.
e. The researcher shall submit a written plan explaining how all identifying information in the
researcher's possession will be kept secure, to the satisfaction of the state health officer,
who shall obtain written assurance that the plan will be implemented.
f. The researcher shall agree to provide the state health officer a copy of any report,
summation, thesis, or other document arising out of the research project for departmental
review of compliance with this section before providing it to the publisher.
g. The researcher shall consent in writing to the use and reproduction of the document by
the department.
h. The researcher shall agree in writing to pay all costs of the state health officer or the
department incurred in providing copy or search services to the researcher.
5. Release may be made as otherwise provided by statute.

6. For purposes of this section:
a. "Disease" includes physical, genetic, or environmental conditions, psychological or
mental conditions, and addictions.
b. "Identifying information" includes any information which, alone or in conjunction with
information available to the public, could identify a particular person as having or
potentially having been exposed to a disease, having or potentially having a disease, or
having or potentially having a predisposition for disease.
History: Effective April 1, 1990; amended effective February 1, 1996.
General Authority: NDCC 23-01-03, 23-07-01.2
Law Implemented: NDCC 23-01-15, 23-07-02.2, 23-07-20.1
