CHAPTER 23-16LICENSING MEDICAL HOSPITALS23-16-01. Licensure of medical hospitals and state hospitals. After July 1, 1947, noperson, partnership, association, corporation, limited liability company, county or municipal<br>corporation, or agency thereof, which maintains and operates organized facilities for the<br>diagnosis, treatment, or care of two or more nonrelated persons suffering from illness, injury, or<br>deformity or where obstetrical or other care is rendered over a period exceeding twenty-four<br>hours, may be established, conducted, or maintained in the state of North Dakota without<br>obtaining annually a license therefor in the manner hereinafter provided in sections 23-16-02 and<br>23-16-03.Chiropractic hospitals, sanatoriums, and hospitals such as those for unmarriedmothers maintained and operated by the department of human services are not required to<br>obtain a license under this chapter.In the case of emergency or transfer beds attached to and forming a part of a licensedmedical doctor's office, the state department of health has the right of inspection, but no license<br>may be required under the provisions of this chapter when the number of such beds does not<br>exceed four.23-16-01.1. Moratorium on expansion of long-term care bed capacity.1.Notwithstanding sections 23-16-06 and 23-16-10, except when a facility reverts<br>basic care beds to nursing facility beds, nursing facility beds may not be added to<br>the state's licensed bed capacity during the period between August 1, 2009, and<br>July 31, 2011. A nursing facility may not convert licensed nursing bed capacity to<br>basic care bed capacity or convert basic care beds back to nursing facility beds<br>more than one time in a twelve-month period if the beds have been licensed as<br>basic care.2.Transfers of beds from one facility to another entity is permitted.Transferrednursing facility beds must become licensed within forty-eight months of transfer.<br>Nursing facility beds transferred before August 1, 2005, which are awaiting nursing<br>facility licensure, may be converted to basic care licensure.3.A nursing facility may convert licensed nursing facility bed capacity to basic care. If<br>the converted beds remain in the same facility and are not transferred, the beds may<br>revert to nursing facility status after one year of licensure as basic care beds.4.Nursing facility beds that are converted to basic care may be transferred as basic<br>care beds. However, upon the transfer, the basic care beds may not be relicensed<br>as nursing facility beds.5.If an Indian tribe acquires nursing facility beds, the tribal facility must meet state<br>licensing requirements for those beds within forty-eight months of acquisition. A<br>tribal facility may seek to participate in the medical assistance programs. Medical<br>assistance payments may only be made to a medicaid certified tribal facility that<br>agrees to participate and adhere to all federal and state requirements of the medical<br>assistance program, including participation, screening, ratesetting, and licensing<br>requirements.23-16-02. Existing medical hospitals. Institutions subject to this chapter which arealready in operation at the time of enactment of this chapter must be given a reasonable time,<br>not to exceed one year from the date of the enactment of this chapter, within which to comply<br>with the rules, regulations, and minimum standards provided for herein.23-16-03.Application for license - License fee.Applicants for license shall fileapplications under oath with the state department of health upon forms prescribed. Applications<br>must be signed by the owner, or in the case of a corporation by two of its officers, or in the casePage No. 1of a county or municipal unit by the head of the governmental department having jurisdiction over<br>it. Applications must set forth the full name and address of the owner of the institution for which<br>license is sought, the names of the persons in control thereof, and such additional information as<br>the state department of health may require, including affirmative evidence of ability to comply<br>with such minimum standards, rules, and regulations as may be lawfully prescribed pursuant to<br>this section.An application for a license for facilities not owned by the state or its politicalsubdivisions must be accompanied by the following fees:1.For each licensed acute care bed, ten dollars.2.For each licensed skill care bed, ten dollars.License fees collected pursuant to this section must be deposited in the state department of<br>health services operating fund in the state treasury and any expenditure from the fund is subject<br>to appropriation by the legislative assembly.23-16-04. Licenses. Licenses issued hereunder expire one year after date of issuanceor upon such uniform dates annually, as the health council may prescribe by rule. Licenses must<br>be issued only for the premises and persons named in the application and are not transferable or<br>assignable. Licenses must be posted in a conspicuous place on the licensed premises.23-16-05. Inspections, consultations, and approval of plans. The state departmentof health shall make or cause to be made such inspections as may be prescribed by regulation.<br>The health council may prescribe by regulations that any licensee or prospective applicant<br>desiring to make a substantial alteration or addition to its facilities or to construct new facilities<br>shall, before commencing such alteration, addition, or new construction, submit plans and<br>specificationstherefortothestatedepartmentofhealthforpreliminaryinspection,recommendation, and approval.23-16-06.Authority to issue, deny, suspend, or revoke licenses.The statedepartment of health shall issue licenses for the operation of institutions subject to this chapter<br>which are found to comply with the provisions of this chapter and such regulations as are lawfully<br>promulgated by the health council. The state health officer with the approval of the health council<br>may, after a hearing, suspend or revoke licenses issued hereunder on any of the following<br>grounds:1.Violation of any of the provisions of this chapter or the rules and regulations<br>promulgated pursuant thereto.2.Permitting, aiding, or abetting the commission of any unlawful act.3.Conduct or practices detrimental to the health or safety of patients and employees of<br>said institutions; provided that this provision may not be construed to have any<br>reference to practices authorized by law; and provided further that no license may be<br>suspended or revoked for any trivial violation.No application for a license may be denied, or any licenses suspended or revoked, except after a<br>hearing before the health council held pursuant to written notice to the applicant or licensee,<br>served by registered or certified mail, which notice must concisely state the grounds for such<br>denial or for such proposed suspension or revocation and must fix the time and place of hearing<br>which may not be less than thirty days after the date of the mailing of such notice. After such<br>hearing, the council shall make an order, either denying the application for license or granting the<br>same, or suspending or revoking such license, or dismissing the proceedings to suspend or<br>revoke as the merits of the case warrant. The council shall send a copy of its order to the<br>applicant or licensee by registered or certified mail, which must contain its findings and<br>conclusions, and such order, except an order of dismissal, becomes final thirty days after the<br>date of mailing unless the applicant or licensee appeals therefrom in the manner provided by<br>section 23-16-10.Page No. 223-16-07. Not applicable to certain laws. This chapter may not be construed in anyway to restrict or modify any law pertaining to the placement and adoption of children or the care<br>of unmarried mothers.23-16-08.Offering or advertising to dispose of infants prohibited.No hospitalproviding maternity care may in any way offer to dispose of any child or advertise that it will give<br>children for adoption or hold itself out, directly or indirectly, as being able to dispose of children,<br>however, such hospitals may inform an unmarried mother of child-placing agencies licensed by<br>the department of human services.23-16-08.1. Access to pharmacist. Irrespective of the type of distribution system used,no person may refuse to allow a resident of a nursing home, as defined in subsection 3 of section<br>43-34-01, to choose a pharmacist of the resident's choice for the compounding and dispensing of<br>drugs pursuant to chapter 43-15.23-16-09.Information confidential.Information other than reports relating to vitalstatistics received by the state department of health through inspection or otherwise, authorized<br>under this chapter are confidential and may not be disclosed publicly except in a proceeding<br>involving the question of license. No agent of the state department of health or of any board of<br>health, may disclose individually identifiable health information of such an institution obtained in<br>the course of a survey or inspection except in a judicial or administrative proceeding in response<br>to an order of a court or administrative tribunal.23-16-10. Appeal. An appeal may be taken to the district court from any order of thestate health officer or health council denying an application for a license to operate a medical<br>hospital or related institution, or suspending or revoking a license, or from any order denying an<br>application for a construction project. Any such appeal must be taken in the manner provided in<br>chapter 28-32.23-16-11. Penalties.1.Any person establishing, conducting, managing, or operating any institution subject<br>to this chapter, without first obtaining a license as required by this chapter, or who<br>violates any of the provisions of this chapter is guilty of an infraction.2.In addition to any criminal sanctions that may be imposed pursuant to law, any<br>person maintaining or operating a nursing facility licensed by the department who is<br>found guilty of knowingly violating any provision of this title or any rules adopted<br>under this title, or any person maintaining or operating a nursing facility found to<br>have deficiencies during a survey of the nursing facility, may be assessed a civil<br>penalty not to exceed one thousand dollars for each violation and for each day the<br>violation continues plus interest and any costs incurred by the department to enforce<br>this penalty. This civil penalty may be imposed by a court in a civil proceeding or by<br>the state health officer through an administrative hearing under chapter 28-32. If a<br>civil penalty levied by the department after an administrative hearing is not paid<br>within thirty days after a final determination that a civil penalty is owed, unless the<br>determination of a civil penalty is appealed to a district court, the civil penalty and<br>any costs incurred by the department to enforce the penalty may be withheld from<br>payments due to the person or nursing facility from the department of human<br>services. Any funds received as penalties must be applied to protect residents of<br>the nursing facility, to relocate residents, to maintain operation of the nursing facility,<br>and to reimburse residents for loss of personal funds.23-16-12. Injunction. The state department of health, in accordance with the laws of thestate governing injunctions and other process, may maintain an action in the name of the state<br>against any person, partnership, association, corporation, or limited liability company for<br>establishing, conducting, managing, or operating any hospital within the meaning of the chapter<br>without first having a license therefor as herein provided or without first obtaining from the statePage No. 3department of health written approval of plans and specifications for major alterations of,<br>additions to, or construction of health facilities.23-16-13. Appropriation. Repealed by omission from this code.23-16-14. Participation in abortion - Not mandatory. No hospital, physician, nurse,hospital employee, nor any other person is under any duty, by law or contract, nor may such<br>hospital or person in any circumstances be required to participate in the performance of an<br>abortion, if such hospital or person objects to such abortion. No such person or institution may<br>be discriminated against because the person or institution so objects.23-16-15. Umbilical cord blood donation.1.Unless it is medically inadvisable, a hospital shall allow a pregnant patient to arrange<br>for the blood extracted from the umbilical cord of the patient's newborn child to be<br>donated to a public cord blood bank. A patient who agrees to donate cord blood to a<br>public cord blood bank may not be charged for the costs of collecting, storing, or<br>transporting the cord blood.2.A hospital is not required to collect cord blood if in the professional judgment of a<br>licensed physician the collection of the cord blood would threaten the health of the<br>mother or newborn child.This section does not require a hospital or hospitalemployee, including a physician, nurse, or other medical staff, to collect cord blood if<br>the collection of cord blood conflicts with the bona fide religious practices and beliefs<br>of the hospital or hospital employee. This section does not require a hospital to<br>arrange for the donation of blood extracted from umbilical cords.Page No. 4Document Outlinechapter 23-16 licensing medical hospitals
CHAPTER 23-16LICENSING MEDICAL HOSPITALS23-16-01. Licensure of medical hospitals and state hospitals. After July 1, 1947, noperson, partnership, association, corporation, limited liability company, county or municipal<br>corporation, or agency thereof, which maintains and operates organized facilities for the<br>diagnosis, treatment, or care of two or more nonrelated persons suffering from illness, injury, or<br>deformity or where obstetrical or other care is rendered over a period exceeding twenty-four<br>hours, may be established, conducted, or maintained in the state of North Dakota without<br>obtaining annually a license therefor in the manner hereinafter provided in sections 23-16-02 and<br>23-16-03.Chiropractic hospitals, sanatoriums, and hospitals such as those for unmarriedmothers maintained and operated by the department of human services are not required to<br>obtain a license under this chapter.In the case of emergency or transfer beds attached to and forming a part of a licensedmedical doctor's office, the state department of health has the right of inspection, but no license<br>may be required under the provisions of this chapter when the number of such beds does not<br>exceed four.23-16-01.1. Moratorium on expansion of long-term care bed capacity.1.Notwithstanding sections 23-16-06 and 23-16-10, except when a facility reverts<br>basic care beds to nursing facility beds, nursing facility beds may not be added to<br>the state's licensed bed capacity during the period between August 1, 2009, and<br>July 31, 2011. A nursing facility may not convert licensed nursing bed capacity to<br>basic care bed capacity or convert basic care beds back to nursing facility beds<br>more than one time in a twelve-month period if the beds have been licensed as<br>basic care.2.Transfers of beds from one facility to another entity is permitted.Transferrednursing facility beds must become licensed within forty-eight months of transfer.<br>Nursing facility beds transferred before August 1, 2005, which are awaiting nursing<br>facility licensure, may be converted to basic care licensure.3.A nursing facility may convert licensed nursing facility bed capacity to basic care. If<br>the converted beds remain in the same facility and are not transferred, the beds may<br>revert to nursing facility status after one year of licensure as basic care beds.4.Nursing facility beds that are converted to basic care may be transferred as basic<br>care beds. However, upon the transfer, the basic care beds may not be relicensed<br>as nursing facility beds.5.If an Indian tribe acquires nursing facility beds, the tribal facility must meet state<br>licensing requirements for those beds within forty-eight months of acquisition. A<br>tribal facility may seek to participate in the medical assistance programs. Medical<br>assistance payments may only be made to a medicaid certified tribal facility that<br>agrees to participate and adhere to all federal and state requirements of the medical<br>assistance program, including participation, screening, ratesetting, and licensing<br>requirements.23-16-02. Existing medical hospitals. Institutions subject to this chapter which arealready in operation at the time of enactment of this chapter must be given a reasonable time,<br>not to exceed one year from the date of the enactment of this chapter, within which to comply<br>with the rules, regulations, and minimum standards provided for herein.23-16-03.Application for license - License fee.Applicants for license shall fileapplications under oath with the state department of health upon forms prescribed. Applications<br>must be signed by the owner, or in the case of a corporation by two of its officers, or in the casePage No. 1of a county or municipal unit by the head of the governmental department having jurisdiction over<br>it. Applications must set forth the full name and address of the owner of the institution for which<br>license is sought, the names of the persons in control thereof, and such additional information as<br>the state department of health may require, including affirmative evidence of ability to comply<br>with such minimum standards, rules, and regulations as may be lawfully prescribed pursuant to<br>this section.An application for a license for facilities not owned by the state or its politicalsubdivisions must be accompanied by the following fees:1.For each licensed acute care bed, ten dollars.2.For each licensed skill care bed, ten dollars.License fees collected pursuant to this section must be deposited in the state department of<br>health services operating fund in the state treasury and any expenditure from the fund is subject<br>to appropriation by the legislative assembly.23-16-04. Licenses. Licenses issued hereunder expire one year after date of issuanceor upon such uniform dates annually, as the health council may prescribe by rule. Licenses must<br>be issued only for the premises and persons named in the application and are not transferable or<br>assignable. Licenses must be posted in a conspicuous place on the licensed premises.23-16-05. Inspections, consultations, and approval of plans. The state departmentof health shall make or cause to be made such inspections as may be prescribed by regulation.<br>The health council may prescribe by regulations that any licensee or prospective applicant<br>desiring to make a substantial alteration or addition to its facilities or to construct new facilities<br>shall, before commencing such alteration, addition, or new construction, submit plans and<br>specificationstherefortothestatedepartmentofhealthforpreliminaryinspection,recommendation, and approval.23-16-06.Authority to issue, deny, suspend, or revoke licenses.The statedepartment of health shall issue licenses for the operation of institutions subject to this chapter<br>which are found to comply with the provisions of this chapter and such regulations as are lawfully<br>promulgated by the health council. The state health officer with the approval of the health council<br>may, after a hearing, suspend or revoke licenses issued hereunder on any of the following<br>grounds:1.Violation of any of the provisions of this chapter or the rules and regulations<br>promulgated pursuant thereto.2.Permitting, aiding, or abetting the commission of any unlawful act.3.Conduct or practices detrimental to the health or safety of patients and employees of<br>said institutions; provided that this provision may not be construed to have any<br>reference to practices authorized by law; and provided further that no license may be<br>suspended or revoked for any trivial violation.No application for a license may be denied, or any licenses suspended or revoked, except after a<br>hearing before the health council held pursuant to written notice to the applicant or licensee,<br>served by registered or certified mail, which notice must concisely state the grounds for such<br>denial or for such proposed suspension or revocation and must fix the time and place of hearing<br>which may not be less than thirty days after the date of the mailing of such notice. After such<br>hearing, the council shall make an order, either denying the application for license or granting the<br>same, or suspending or revoking such license, or dismissing the proceedings to suspend or<br>revoke as the merits of the case warrant. The council shall send a copy of its order to the<br>applicant or licensee by registered or certified mail, which must contain its findings and<br>conclusions, and such order, except an order of dismissal, becomes final thirty days after the<br>date of mailing unless the applicant or licensee appeals therefrom in the manner provided by<br>section 23-16-10.Page No. 223-16-07. Not applicable to certain laws. This chapter may not be construed in anyway to restrict or modify any law pertaining to the placement and adoption of children or the care<br>of unmarried mothers.23-16-08.Offering or advertising to dispose of infants prohibited.No hospitalproviding maternity care may in any way offer to dispose of any child or advertise that it will give<br>children for adoption or hold itself out, directly or indirectly, as being able to dispose of children,<br>however, such hospitals may inform an unmarried mother of child-placing agencies licensed by<br>the department of human services.23-16-08.1. Access to pharmacist. Irrespective of the type of distribution system used,no person may refuse to allow a resident of a nursing home, as defined in subsection 3 of section<br>43-34-01, to choose a pharmacist of the resident's choice for the compounding and dispensing of<br>drugs pursuant to chapter 43-15.23-16-09.Information confidential.Information other than reports relating to vitalstatistics received by the state department of health through inspection or otherwise, authorized<br>under this chapter are confidential and may not be disclosed publicly except in a proceeding<br>involving the question of license. No agent of the state department of health or of any board of<br>health, may disclose individually identifiable health information of such an institution obtained in<br>the course of a survey or inspection except in a judicial or administrative proceeding in response<br>to an order of a court or administrative tribunal.23-16-10. Appeal. An appeal may be taken to the district court from any order of thestate health officer or health council denying an application for a license to operate a medical<br>hospital or related institution, or suspending or revoking a license, or from any order denying an<br>application for a construction project. Any such appeal must be taken in the manner provided in<br>chapter 28-32.23-16-11. Penalties.1.Any person establishing, conducting, managing, or operating any institution subject<br>to this chapter, without first obtaining a license as required by this chapter, or who<br>violates any of the provisions of this chapter is guilty of an infraction.2.In addition to any criminal sanctions that may be imposed pursuant to law, any<br>person maintaining or operating a nursing facility licensed by the department who is<br>found guilty of knowingly violating any provision of this title or any rules adopted<br>under this title, or any person maintaining or operating a nursing facility found to<br>have deficiencies during a survey of the nursing facility, may be assessed a civil<br>penalty not to exceed one thousand dollars for each violation and for each day the<br>violation continues plus interest and any costs incurred by the department to enforce<br>this penalty. This civil penalty may be imposed by a court in a civil proceeding or by<br>the state health officer through an administrative hearing under chapter 28-32. If a<br>civil penalty levied by the department after an administrative hearing is not paid<br>within thirty days after a final determination that a civil penalty is owed, unless the<br>determination of a civil penalty is appealed to a district court, the civil penalty and<br>any costs incurred by the department to enforce the penalty may be withheld from<br>payments due to the person or nursing facility from the department of human<br>services. Any funds received as penalties must be applied to protect residents of<br>the nursing facility, to relocate residents, to maintain operation of the nursing facility,<br>and to reimburse residents for loss of personal funds.23-16-12. Injunction. The state department of health, in accordance with the laws of thestate governing injunctions and other process, may maintain an action in the name of the state<br>against any person, partnership, association, corporation, or limited liability company for<br>establishing, conducting, managing, or operating any hospital within the meaning of the chapter<br>without first having a license therefor as herein provided or without first obtaining from the statePage No. 3department of health written approval of plans and specifications for major alterations of,<br>additions to, or construction of health facilities.23-16-13. Appropriation. Repealed by omission from this code.23-16-14. Participation in abortion - Not mandatory. No hospital, physician, nurse,hospital employee, nor any other person is under any duty, by law or contract, nor may such<br>hospital or person in any circumstances be required to participate in the performance of an<br>abortion, if such hospital or person objects to such abortion. No such person or institution may<br>be discriminated against because the person or institution so objects.23-16-15. Umbilical cord blood donation.1.Unless it is medically inadvisable, a hospital shall allow a pregnant patient to arrange<br>for the blood extracted from the umbilical cord of the patient's newborn child to be<br>donated to a public cord blood bank. A patient who agrees to donate cord blood to a<br>public cord blood bank may not be charged for the costs of collecting, storing, or<br>transporting the cord blood.2.A hospital is not required to collect cord blood if in the professional judgment of a<br>licensed physician the collection of the cord blood would threaten the health of the<br>mother or newborn child.This section does not require a hospital or hospitalemployee, including a physician, nurse, or other medical staff, to collect cord blood if<br>the collection of cord blood conflicts with the bona fide religious practices and beliefs<br>of the hospital or hospital employee. This section does not require a hospital to<br>arrange for the donation of blood extracted from umbilical cords.Page No. 4Document Outlinechapter 23-16 licensing medical hospitals
CHAPTER 23-16LICENSING MEDICAL HOSPITALS23-16-01. Licensure of medical hospitals and state hospitals. After July 1, 1947, noperson, partnership, association, corporation, limited liability company, county or municipal<br>corporation, or agency thereof, which maintains and operates organized facilities for the<br>diagnosis, treatment, or care of two or more nonrelated persons suffering from illness, injury, or<br>deformity or where obstetrical or other care is rendered over a period exceeding twenty-four<br>hours, may be established, conducted, or maintained in the state of North Dakota without<br>obtaining annually a license therefor in the manner hereinafter provided in sections 23-16-02 and<br>23-16-03.Chiropractic hospitals, sanatoriums, and hospitals such as those for unmarriedmothers maintained and operated by the department of human services are not required to<br>obtain a license under this chapter.In the case of emergency or transfer beds attached to and forming a part of a licensedmedical doctor's office, the state department of health has the right of inspection, but no license<br>may be required under the provisions of this chapter when the number of such beds does not<br>exceed four.23-16-01.1. Moratorium on expansion of long-term care bed capacity.1.Notwithstanding sections 23-16-06 and 23-16-10, except when a facility reverts<br>basic care beds to nursing facility beds, nursing facility beds may not be added to<br>the state's licensed bed capacity during the period between August 1, 2009, and<br>July 31, 2011. A nursing facility may not convert licensed nursing bed capacity to<br>basic care bed capacity or convert basic care beds back to nursing facility beds<br>more than one time in a twelve-month period if the beds have been licensed as<br>basic care.2.Transfers of beds from one facility to another entity is permitted.Transferrednursing facility beds must become licensed within forty-eight months of transfer.<br>Nursing facility beds transferred before August 1, 2005, which are awaiting nursing<br>facility licensure, may be converted to basic care licensure.3.A nursing facility may convert licensed nursing facility bed capacity to basic care. If<br>the converted beds remain in the same facility and are not transferred, the beds may<br>revert to nursing facility status after one year of licensure as basic care beds.4.Nursing facility beds that are converted to basic care may be transferred as basic<br>care beds. However, upon the transfer, the basic care beds may not be relicensed<br>as nursing facility beds.5.If an Indian tribe acquires nursing facility beds, the tribal facility must meet state<br>licensing requirements for those beds within forty-eight months of acquisition. A<br>tribal facility may seek to participate in the medical assistance programs. Medical<br>assistance payments may only be made to a medicaid certified tribal facility that<br>agrees to participate and adhere to all federal and state requirements of the medical<br>assistance program, including participation, screening, ratesetting, and licensing<br>requirements.23-16-02. Existing medical hospitals. Institutions subject to this chapter which arealready in operation at the time of enactment of this chapter must be given a reasonable time,<br>not to exceed one year from the date of the enactment of this chapter, within which to comply<br>with the rules, regulations, and minimum standards provided for herein.23-16-03.Application for license - License fee.Applicants for license shall fileapplications under oath with the state department of health upon forms prescribed. Applications<br>must be signed by the owner, or in the case of a corporation by two of its officers, or in the casePage No. 1of a county or municipal unit by the head of the governmental department having jurisdiction over<br>it. Applications must set forth the full name and address of the owner of the institution for which<br>license is sought, the names of the persons in control thereof, and such additional information as<br>the state department of health may require, including affirmative evidence of ability to comply<br>with such minimum standards, rules, and regulations as may be lawfully prescribed pursuant to<br>this section.An application for a license for facilities not owned by the state or its politicalsubdivisions must be accompanied by the following fees:1.For each licensed acute care bed, ten dollars.2.For each licensed skill care bed, ten dollars.License fees collected pursuant to this section must be deposited in the state department of<br>health services operating fund in the state treasury and any expenditure from the fund is subject<br>to appropriation by the legislative assembly.23-16-04. Licenses. Licenses issued hereunder expire one year after date of issuanceor upon such uniform dates annually, as the health council may prescribe by rule. Licenses must<br>be issued only for the premises and persons named in the application and are not transferable or<br>assignable. Licenses must be posted in a conspicuous place on the licensed premises.23-16-05. Inspections, consultations, and approval of plans. The state departmentof health shall make or cause to be made such inspections as may be prescribed by regulation.<br>The health council may prescribe by regulations that any licensee or prospective applicant<br>desiring to make a substantial alteration or addition to its facilities or to construct new facilities<br>shall, before commencing such alteration, addition, or new construction, submit plans and<br>specificationstherefortothestatedepartmentofhealthforpreliminaryinspection,recommendation, and approval.23-16-06.Authority to issue, deny, suspend, or revoke licenses.The statedepartment of health shall issue licenses for the operation of institutions subject to this chapter<br>which are found to comply with the provisions of this chapter and such regulations as are lawfully<br>promulgated by the health council. The state health officer with the approval of the health council<br>may, after a hearing, suspend or revoke licenses issued hereunder on any of the following<br>grounds:1.Violation of any of the provisions of this chapter or the rules and regulations<br>promulgated pursuant thereto.2.Permitting, aiding, or abetting the commission of any unlawful act.3.Conduct or practices detrimental to the health or safety of patients and employees of<br>said institutions; provided that this provision may not be construed to have any<br>reference to practices authorized by law; and provided further that no license may be<br>suspended or revoked for any trivial violation.No application for a license may be denied, or any licenses suspended or revoked, except after a<br>hearing before the health council held pursuant to written notice to the applicant or licensee,<br>served by registered or certified mail, which notice must concisely state the grounds for such<br>denial or for such proposed suspension or revocation and must fix the time and place of hearing<br>which may not be less than thirty days after the date of the mailing of such notice. After such<br>hearing, the council shall make an order, either denying the application for license or granting the<br>same, or suspending or revoking such license, or dismissing the proceedings to suspend or<br>revoke as the merits of the case warrant. The council shall send a copy of its order to the<br>applicant or licensee by registered or certified mail, which must contain its findings and<br>conclusions, and such order, except an order of dismissal, becomes final thirty days after the<br>date of mailing unless the applicant or licensee appeals therefrom in the manner provided by<br>section 23-16-10.Page No. 223-16-07. Not applicable to certain laws. This chapter may not be construed in anyway to restrict or modify any law pertaining to the placement and adoption of children or the care<br>of unmarried mothers.23-16-08.Offering or advertising to dispose of infants prohibited.No hospitalproviding maternity care may in any way offer to dispose of any child or advertise that it will give<br>children for adoption or hold itself out, directly or indirectly, as being able to dispose of children,<br>however, such hospitals may inform an unmarried mother of child-placing agencies licensed by<br>the department of human services.23-16-08.1. Access to pharmacist. Irrespective of the type of distribution system used,no person may refuse to allow a resident of a nursing home, as defined in subsection 3 of section<br>43-34-01, to choose a pharmacist of the resident's choice for the compounding and dispensing of<br>drugs pursuant to chapter 43-15.23-16-09.Information confidential.Information other than reports relating to vitalstatistics received by the state department of health through inspection or otherwise, authorized<br>under this chapter are confidential and may not be disclosed publicly except in a proceeding<br>involving the question of license. No agent of the state department of health or of any board of<br>health, may disclose individually identifiable health information of such an institution obtained in<br>the course of a survey or inspection except in a judicial or administrative proceeding in response<br>to an order of a court or administrative tribunal.23-16-10. Appeal. An appeal may be taken to the district court from any order of thestate health officer or health council denying an application for a license to operate a medical<br>hospital or related institution, or suspending or revoking a license, or from any order denying an<br>application for a construction project. Any such appeal must be taken in the manner provided in<br>chapter 28-32.23-16-11. Penalties.1.Any person establishing, conducting, managing, or operating any institution subject<br>to this chapter, without first obtaining a license as required by this chapter, or who<br>violates any of the provisions of this chapter is guilty of an infraction.2.In addition to any criminal sanctions that may be imposed pursuant to law, any<br>person maintaining or operating a nursing facility licensed by the department who is<br>found guilty of knowingly violating any provision of this title or any rules adopted<br>under this title, or any person maintaining or operating a nursing facility found to<br>have deficiencies during a survey of the nursing facility, may be assessed a civil<br>penalty not to exceed one thousand dollars for each violation and for each day the<br>violation continues plus interest and any costs incurred by the department to enforce<br>this penalty. This civil penalty may be imposed by a court in a civil proceeding or by<br>the state health officer through an administrative hearing under chapter 28-32. If a<br>civil penalty levied by the department after an administrative hearing is not paid<br>within thirty days after a final determination that a civil penalty is owed, unless the<br>determination of a civil penalty is appealed to a district court, the civil penalty and<br>any costs incurred by the department to enforce the penalty may be withheld from<br>payments due to the person or nursing facility from the department of human<br>services. Any funds received as penalties must be applied to protect residents of<br>the nursing facility, to relocate residents, to maintain operation of the nursing facility,<br>and to reimburse residents for loss of personal funds.23-16-12. Injunction. The state department of health, in accordance with the laws of thestate governing injunctions and other process, may maintain an action in the name of the state<br>against any person, partnership, association, corporation, or limited liability company for<br>establishing, conducting, managing, or operating any hospital within the meaning of the chapter<br>without first having a license therefor as herein provided or without first obtaining from the statePage No. 3department of health written approval of plans and specifications for major alterations of,<br>additions to, or construction of health facilities.23-16-13. Appropriation. Repealed by omission from this code.23-16-14. Participation in abortion - Not mandatory. No hospital, physician, nurse,hospital employee, nor any other person is under any duty, by law or contract, nor may such<br>hospital or person in any circumstances be required to participate in the performance of an<br>abortion, if such hospital or person objects to such abortion. No such person or institution may<br>be discriminated against because the person or institution so objects.23-16-15. Umbilical cord blood donation.1.Unless it is medically inadvisable, a hospital shall allow a pregnant patient to arrange<br>for the blood extracted from the umbilical cord of the patient's newborn child to be<br>donated to a public cord blood bank. A patient who agrees to donate cord blood to a<br>public cord blood bank may not be charged for the costs of collecting, storing, or<br>transporting the cord blood.2.A hospital is not required to collect cord blood if in the professional judgment of a<br>licensed physician the collection of the cord blood would threaten the health of the<br>mother or newborn child.This section does not require a hospital or hospitalemployee, including a physician, nurse, or other medical staff, to collect cord blood if<br>the collection of cord blood conflicts with the bona fide religious practices and beliefs<br>of the hospital or hospital employee. This section does not require a hospital to<br>arrange for the donation of blood extracted from umbilical cords.Page No. 4Document Outlinechapter 23-16 licensing medical hospitals
