# Title 23 — Health and Safety

## Chapter 23-23 — Cancer Cures or Treatments

### § 23-23-01. Definition.

For the purposes of this chapter, "cancer" means all malignant neoplasms regardless of the
tissue of origin, including malignant lymphoma and leukemia.
### § 23-23-02. Prohibition against prescription, treatment, sale, or distribution of cancer

cure.
No person other than a licensed physician or licensed dentist may in any manner hold out to
any other person as being able to prescribe treatment for, or cure the disease of, cancer, nor in
any manner undertake to treat, or prescribe for the treatment of, the disease of cancer. No
person may sell or offer to sell, or give away or offer to give away, except upon the prescription
of a licensed physician or licensed dentist, any drug, medicine, compound, nostrum, or device
which is represented by the manufacturer or seller thereof to have curative powers when used
in the treatment of the disease of cancer.
### § 23-23-03. Enforcement by department - Seizure - Inspection - Injunction.

It is the duty of the department of health and human services to enforce the provisions of
this chapter, and for that purpose the investigators, inspectors, representatives, and agents of
the department of health and human services shall have the full power and authority of peace
officers in this state, and shall have the power and authority to administer oaths, to enter upon
premises at all times for the purpose of making inspections, to seize evidence, to interrogate all
persons, and to require the production of books, papers, documents, or other evidence. The
department of health and human services may institute, in its own name, proceedings to enjoin
and restrain violations of this chapter, regardless of whether the defendant has been convicted
of violation of the penal provisions thereof, and may not be required to pay any costs or filing
fees or furnish any bond in connection therewith.
### § 23-23-04. Penalty.

Any person who violates any provision of this chapter is guilty of a class A misdemeanor.
