The COVID Project
The record
- Jurisdiction
- North Dakota
- Level
- State
- Authority
- New section to N.D.C.C. ch. 23-12; N.D.C.C. § 26.1-36-09.15 as amended
- Issued
- 2021-05-07 May 7, 2021
- Effective
- 2021-05-10 (emergency measure; filed with the Secretary of State May 10, 2021) (read as 2021-05-10)
- End
- In force (statute) (read as 2021-09-30)
- In force
- May 10, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersVaccination or testingOther
- Addressees
- state government entities and their subdivisions
- private businesses located in this state
- insurers (telehealth coverage)
- Functions reached
- CB customer admission practices (vaccination-proof screening prohibited)
- OP
- EMP
- TM telehealth (coverage parity)
- IN insurers
- Collection
- North Dakota ND
Operative words
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's 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
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.
Retrieval noteSigned by the Governor May 7, 2021; effective May 10, 2021 on filing with the Secretary of State as an emergency measure; the file name carries the effective date.