{"id":"ND-082","kind":"order","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum","authority":"New section to N.D.C.C. ch. 23-12; N.D.C.C. § 26.1-36-09.15 as amended","instrument":"House Bill 1465 (2021), an emergency measure","title":"State entities and their subdivisions may not require vaccination documentation for access to State property, funds or services, may not require private businesses to obtain it, and \u0027A private business located in this state may not require a patron or customer to provide any documentation certifying vaccination or post-transmission recovery to gain access to, entry upon, or services from the business\u0027 (health care providers excepted; inapplicable during a declared public health emergency; limited to EUA vaccines); telehealth coverage parity codified","dateIssued":"2021-05-07","effective":"2021-05-10 (emergency measure; filed with the Secretary of State May 10, 2021)","end":"In force (statute)","startDate":"2021-05-10","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["VAX","OTHER","HC"],"addressees":["state government entities and their subdivisions","private businesses located in this state","insurers (telehealth coverage)"],"clause":"1. Except as provided under sections 15.1-23-02, 23-01-05.3, and 23-07-17.1, neither a state government entity nor any of its subdivisions, agents, or assigns may: a. Require documentation, whether physical or electronic, for the purpose of certifying or otherwise communicating the following before providing access to state property, funds, or services: (1) An individual\u0027s vaccination status... c. Require a private business to obtain documentation... 2. A private business located in this state may not require a patron or customer to provide any documentation certifying vaccination or post-transmission recovery to gain access to, entry upon, or services from the business. This subsection does not apply to a health care provider including a long-term care provider.... 5. This section is not applicable during a public health disaster or emergency declared in accordance with chapter 37-17.1. 6. This section is limited in application to a vaccination authorized by the federal food and drug administration pursuant to an emergency use authorization.","enforcement":"Statutory prohibition","functions":["CB customer admission practices (vaccination-proof screening prohibited)","OP","EMP","TM telehealth (coverage parity)","IN insurers"],"notes":"The one State instrument regulating business conduct in the third quarter of 2021: it forbade the vaccination-proof entry model that venues, restaurants and employers elsewhere adopted. The State Board of Higher Education and the University System were carved out of subsection 1 to the extent they adopted their own documentation policies.","sourceUrl":"https://ndlegis.gov/assembly/67-2021/documents/21-0988-08000.pdf","snapshot":"","fileExists":true,"fileBytes":66024,"grade":"primary","character":"","description":"","collection":"ND","url":"/library/ND-082","exhibitUrl":"/exhibit/ND-082","citation":"Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082)","stateName":"North Dakota","related":[]}