The COVID Project
The record
- Jurisdiction
- North Dakota
- Level
- State
- Authority
- N.D.C.C. title 23 (Health and Safety), ch. 23-01 (State Department of Health)
- Issued
- 2026-09-29 Sept. 29, 2026
- Effective
- standing (read as 2026-09-29)
- End
- standing
- In force
- Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationBusiness closureGathering capQuarantine and isolationStanding duty
- Addressees
- persons generally; local health officers; hospitals and related institutions; owners or persons in control of premises and places of business reached by a disease-control order
- Character
- statutory authority
- Collection
- Standing duties: North Dakota DUT-ND
Operative words
Issue a written order relating to a disease control measure necessary to prevent the spread of a communicable disease. A disease control measure may include a special immunization activity and decontamination measure.... All rules and regulations adopted by the department... under the powers granted by any provisions of this title... have the force and effect of law.
Penalty
N.D.C.C. 23-07-21(1): infraction for violating or failing to obey any order issued by any state, district, county or municipal health officer (Ex. DUT-ND-002); 23-07.6-02(3): class B misdemeanor for failure to obey a confinement order (Ex. DUT-ND-003); the orders recited both (Ex. ND-021, ND-061, ND-066)
What it required
The State Health Officer holds a standing statutory power to order disease control measures, which during the claimable quarters read (as recited in State Health Officer Order 2020-08, Ex. ND-061, sec. A par. 8) 'issue any orders related to disease control measures deemed necessary to prevent the spread of communicable diseases'; the Department's rules bind 'all county and municipal health officers, and... all county, municipal, and private medical hospitals and... related institutions' with 'the force and effect of law' (23-01-04); the health council sets 'standards, rules, and regulations... necessary for the maintenance of public health, including sanitation and disease control' (23-01-03(3)); since April 2021 the State Health Officer 'shall apply to the district court... for an injunction canceling a public event or closing a place of business' (23-01-05(6)(d)(3)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteEvery State Health Officer order of the period issued 'PURSUANT TO NORTH DAKOTA CENTURY CODE 23-01-05(12)' (Ex. ND-014, ND-021, ND-022, ND-026, ND-031, ND-060, ND-061, ND-066). HB 1118 (Ex. ND-078) recodified the power as 23-01-05(6)(d) and limited statewide orders to a Governor-declared emergency; HB 1323 (Ex. ND-080) added 23-07-12.1 barring statewide mask mandates from Aug. 1, 2021. Neither 2021 statute disturbed the order power for the quarters before it or the local boards' powers.