North Dakota Code 32-48-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 32-48-01
- 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
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
1. “COVID-19” means:
a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2; and
b. Any disease or condition caused by severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2.
2. “Disinfecting or cleaning supplies” includes hand sanitizers, disinfectants, disinfecting sprays, and disinfecting wipes.
3. “Health care facility” means any facility in which health care services are provided and includes a hospital, special care unit, skilled nursing facility, intermediate care facility, basic care facility, assisted living facility, ambulatory surgical center, freestanding emergency department, rural primary care hospital, critical access hospital, inpatient hospice facility, including a clinic not located on a hospital’s primary campus, health maintenance organization, home health agency, any field hospital, modular field-treatment facility, or other alternative care facility designated by the department of health and human services for temporary use related to the COVID-19 state of emergency, and a diagnostic, examination, treatment, imaging, or rehabilitation center.
4. “Health care provider” means an individual or entity licensed, certified, or otherwise authorized to provide health care services in this state whether paid or unpaid. The term includes:
a. The employer or agent of a health care provider that provides or arranges a health care service; b. A person engaged in telemedicine or telehealth; and
c. A volunteer or military member who is approved by or works under the direction of the department of health and human services and who provides health care services in response to the COVID-19 state of emergency.
5. “Intentional” means when engaging in the conduct, it is the person’s purpose to do so.
6. “Personal protective equipment” means equipment worn to prevent or minimize exposure to hazards that cause injuries or illnesses.
7. “Premises” means any real property, any appurtenant building or structure, and any vehicle serving a residential, agricultural, commercial, industrial, educational, religious, governmental, cultural, charitable, or health care purpose.
8. “Qualified product” means:
a. Personal protective equipment used to protect the wearer from COVID-19 or to prevent the spread of COVID-19.
b. A medical device or equipment used to treat COVID-19, including a medical device or equipment used or modified for an unapproved use to treat COVID-19 or to prevent the spread of COVID-19.
c. A medical device or equipment used outside its normal use to treat COVID-19 or to prevent the spread of COVID-19.
d. Medication or treatment used to treat or prevent COVID-19, including medication or treatment prescribed or dispensed for off-label use to treat or prevent COVID-19.
e. A test to diagnose or determine immunity to COVID-19.
9. “Reckless” means conduct engaged in a conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct.
10. “Unapproved” means not authorized, accredited, or certified by a federal or state agency for any other use, purpose, or design.
11. “Willful” means the conduct is engaged in intentionally, knowingly, or recklessly.