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Ex. ND-082 Order Primary source read

House Bill 1465 (2021), an emergency measure

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 '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' (health care providers excepted; inapplicable during a declared public health emergency; limited to EUA vaccines); telehealth coverage parity codified

Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum · North Dakota (State)

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
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

Statutory prohibition

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 note

Signed 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.