# Title 23 — Health and Safety

## Chapter 23-28 — Uniform Duties to Disabled Persons

### § 23-28-01. Definitions.

In this chapter:
1. "Disabled condition" means the condition of being unconscious, semiconscious,
incoherent, or otherwise incapacitated to communicate.
2. "Disabled person" means a person in a disabled condition.
3. "The emergency symbol" means the caduceus inscribed within a six-barred cross
used by the American medical association to denote emergency information.
4. "Identifying device" means an identifying bracelet, necklace, metal tag, or similar
device bearing the emergency symbol and the information needed in an emergency.
5. "Medical practitioner" means a person licensed or authorized to practice medicine.
### § 23-28-02. Identifying devices for persons having certain conditions.

1. A person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of
illness that causes temporary blackouts, semiconscious periods, or complete
unconsciousness, or who suffers from a condition requiring specific medication or
medical treatment, is allergic to certain medications or items used in medical
treatment, wears contact lenses, or is unable to communicate coherently or effectively
in the English language, is authorized and encouraged to wear an identifying device.
2. Any person may carry an identification card bearing that person's name, type of
medical condition, physician's name, and other medical information.
3. By wearing an identifying device a person gives that person's consent for any law
enforcement officer or medical practitioner who finds that person in a disabled
condition to make a reasonable search of that person's clothing or other effects for an
identification card of the type described in subsection 2.
### § 23-28-03. Duty of law enforcement officer.

1. A law enforcement officer shall make a diligent effort to determine whether any
disabled person the officer finds is an epileptic or a diabetic, or suffers from some
other type of illness that would cause the condition. Whenever feasible, this effort must
be made before the person is charged with a crime or taken to a place of detention.
2. In seeking to determine whether a disabled person suffers from an illness, a law
enforcement officer shall make a reasonable search for an identifying device and an
identification card of the type described in subsection 2 of section 23-28-02 and
examine them for emergency information. The law enforcement officer may not search
for an identifying device or an identification card in a manner or to an extent that would
appear to a reasonable person in the circumstances to cause an unreasonable risk of
worsening the disabled person's condition.
3. A law enforcement officer who finds a disabled person without an identifying device or
identification card is not relieved of the officer's duty to that person to make a diligent
effort to ascertain the existence of any illness causing the disabled condition.
4. A claim for relief against a law enforcement officer does not arise from the officer
making a reasonable search of the disabled person to locate an identifying device or
identification card, even though the person is not wearing an identifying device or
carrying an identification card.
5. A law enforcement officer who determines or has reason to believe that a disabled
person is suffering from an illness causing the disabled person's condition shall
promptly notify the person's physician, if practicable. If the officer is unable to ascertain
the physician's identity or to communicate with the physician, the officer shall make a
reasonable effort to cause the disabled person to be transported immediately to a
medical practitioner or to a facility where medical treatment is available. If the officer
believes it unduly dangerous to move the disabled person, the officer shall make a
reasonable effort to obtain the assistance of a medical practitioner.

### § 23-28-04. Duty of medical practitioner.

1. A medical practitioner, in discharging the medical practitioner's duty to a disabled
person whom the medical practitioner has undertaken to examine or treat, shall make
a reasonable search for an identifying device or identification card of the type
described in subsection 2 of section 23-28-02 and examine them for emergency
information.
2. A claim for relief against a medical practitioner does not arise from the practitioner
making a reasonable search of a disabled person to locate an identifying device or
identification card, even though the person is not wearing an identifying device or
carrying an identification card.
### § 23-28-05. Duty of others.

1. A person, other than a law enforcement officer or medical practitioner, who finds a
disabled person shall make a reasonable effort to notify a law enforcement officer. If a
law enforcement officer or medical practitioner is not present, a person who finds a
disabled person may make a reasonable search for an identifying device, and if the
identifying device is found may make a reasonable search for an identification card of
the type described in subsection 2 of section 23-28-02. If a device or card is located,
the person making the search shall attempt promptly to bring its contents to the
attention of a law enforcement officer or medical practitioner.
2. A claim for relief does not arise from a reasonable search to locate an identifying
device or identification card as authorized by subsection 1.
### § 23-28-06. Falsifying identification or misrepresenting condition - Penalty.

A person who, with intent to deceive, provides, wears, uses, or possesses a false identifying
device or identification card of the type described in subsection 2 of section 23-28-02 is guilty of
a class B misdemeanor.
### § 23-28-07. Other duties.

The duties imposed by this chapter are in addition to, and not in limitation of, other duties
existing under the law of this state.
### § 23-28-08. Uniformity of application and construction.

This chapter must be so applied and construed as to effectuate its general purpose to make
uniform the law with respect to the subject of this chapter among those states which enact it.
### § 23-28-09. Short title.

This chapter may be cited as the Uniform Duties to Disabled Persons Act.
