North Dakota Code 23-34-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 23-34-01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. “Health care organization” means:
a. A hospital; b. A hospital medical staff; c. A clinic; d. A long-term or extended care facility; e. An ambulatory surgery center; f. An emergency medical services unit; g. A physician; h. A group of physicians operating a clinic or outpatient care facility; i. A pharmacist; j. A pharmacy; k. An association or organization, whether domestic or foreign, of medical institutions or medical professionals; l. A nonprofit corporation, whether domestic or foreign, that owns, operates, or is established by any entity set forth in subdivisions a through i; m. Any combination of entities set forth in subdivisions a through j; n. Any federally designated state peer review organization; or
o. Any state designated multi-disciplinary peer review entity designated to evaluate controlled substance practices in a referred case.
2. “Health care provider” means a physician or other individual licensed, certified, or otherwise authorized by the law of this state to provide health care services.
3. “Peer review organization” means:
a. A health care organization; or
b. A committee of a health care organization which:
(1) Is composed of health care providers, employees, administrators, consultants, agents, or members of the health care organization’s governing body; and
(2) Conducts professional peer review.
4. a. “Peer review records” means:
(1) Data, information, reports, documents, findings, compilations and summaries, testimony, and any other records generated by, acquired by, or given to a peer review organization as a part of any professional peer review, regardless of when the record was created; and
(2) Communications relating to a professional peer review, whether written or oral, between:
(a) Peer review organization members; (b) Peer review organization members and the peer review organization’s staff; or
(c) Peer review organization members and other individuals participating in a professional peer review, including the individual who is the subject of the professional peer review.
b. The term does not include original patient source documents.
5. “Professional peer review” means all procedures a peer review organization uses or functions it performs to monitor, evaluate, and take action to review the medical care provided to patients by health care organizations or health care providers and includes procedures or functions to:
a. Evaluate and improve the quality of health care; b. Obtain and disseminate data and statistics relative to the treatment and prevention of disease, illness, or injury; c. Develop and establish guidelines for medical care and the costs of medical care; d. Provide to other affiliated or nonaffiliated peer review organizations information that is originally generated within the peer review organization for the purposes of professional peer review; e. Identify or analyze trends in medical error, using among other things a standardized incident reporting system; and
f. Provide quality assurance.