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Ex. DUT-ND-001 Standing duty Primary source read

N.D.C.C. 23-01-03, 23-01-04, 23-01-05

Powers and duties of the health council; effect of rules and regulations; health officer - duties, including written orders relating to disease control measures

Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, since 2022 the Department of Health and Human Services) · North Dakota (State)

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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
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 note

Every 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.