# Title 23 — Health and Safety

## Chapter 23-01.2 — Trauma and Emergency Medical System

### § 23-01.2-01. Trauma system established.

The department of health and human services may establish and maintain a comprehensive
trauma system for the state. The trauma system may include standards for the following
components:
1. A system plan.
2. Prehospital emergency medical services.
3. Hospitals, for which the standards must include:
a. Standards for designation, redesignation, and dedesignation of trauma centers.
b. Standards for evaluation and quality improvement programs for designated
trauma centers. The standards must require each trauma center to collect quality
improvement data and to provide specified portions to the department for use in
state and regional trauma quality improvement programs.
c. Qualifications for trauma center personnel.
4. A trauma registry. Data in the trauma registry is not subject to subpoena or discovery
or introduction into evidence in any civil action. Designated trauma centers must
participate in the trauma registry. A hospital not designated as a trauma center must
provide to the registry a minimum set of data elements for all trauma patients.
5. A trauma quality improvement program to monitor the performance of the trauma
system. The proceedings and records of the program are not subject to subpoena or
discovery or introduction into evidence in any civil action arising out of any matter that
is the subject of consideration by the program.
### § 23-01.2-02. Physician immunity for voluntary medical direction.

A physician is immune from liability while providing voluntary medical direction.
### § 23-01.2-03. Trauma center designation.

1. Effective January 1, 2011, a hospital that offers emergency services to the public shall
meet trauma center designation standards and participate in the trauma system.
2. The department of health and human services shall adopt rules that allow provisional
trauma designation status for a hospital that is partially compliant with trauma
designation standards. When issuing a provisional trauma designation, the department
of health and human services shall allow a reasonable amount of time, determined by
the department, for a hospital to fully meet all trauma designation standards.
### § 23-01.2-04. Medical director.

The commissioner of the department of health and human services or designee shall
appoint an emergency medical services and trauma medical director to provide medical
oversight and consultation in the development and administration of the state emergency
medical services and trauma systems. The medical director must be a physician licensed in the
state and must be contracted and paid by the department of health and human services.
