Page:2017 North Dakota Session Laws.pdf/526

Rh CHAPTER 99

SENATE BILL NO. 2216

(Senators Dever, Burckhard, Nelson)

(Representatives Karls, J. Nelson, Westlind)

AN ACT to create and enact a new subsection to section 12.1-17-11 of the North Dakota Century Code, relating to the definition of a health care facility; to amend and reenact subsection 1 of section 12.1-17-11 of the North Dakota Century Code, relating to contact by bodily fluids or excrement; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Subsection 1 of section 12.1-17-11 of the North Dakota Century Code is amended and reenacted as follows:

1. An individual is guilty of an offense if the individual causes blood, emesis, excrement, mucus, saliva, semen, vaginal fluid, or urine to come in contact with:

a. A law enforcement officer acting in the scope of employment;

b. An employee of a correctional facility or the department of corrections and rehabilitation acting in the scope of employment unless the employee does an act within the scope of employment which requires or causes the contact;

c. Any personAn individual lawfully present in a correctional facility who is not an inmate;

d. Any personAn individual lawfully present in the penitentiary or an affiliated facility of the penitentiary who is not an inmate; or

e. Any person who isAn individual transporting an individual who is lawfully detained;

f. A health care facility employee or contractor acting within the scope of employment unless the employee or contractor is performing an act within the scope of employment which requires or causes the contact; or

g. An emergency responder, including a licensed medical services provider, law enforcement officer, firefighter, volunteer firefighter, officer of a nonprofit volunteer fire department, emergency medical technician, emergency nurse, ambulance operator, or a provider of civil defense services, who while acting in the scope of employment is present at a health care facility.

SECTION 2. A new subsection to section 12.1-17-11 of the North Dakota Century Code is created and enacted as follows:

As used in this section, "health care facility" means an office or institution providing health care services or treatment of diseases, whether physical,